01-16 15:32 H.B. 253
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Agriculture and Food Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
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LONG TITLE
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General Description:
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This bill addresses issues related to the regulation, oversight, or encouragement of
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agriculture and food.
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Highlighted Provisions:
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This bill:
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▸ modifies the definition of "qualified veterinarian";
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▸ changes references to the National Council on Weights and Measures;
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▸ changes the Utah Fertilizer Act to the Utah Plant Food Act, including modifying
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definitions and making conforming references;
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▸ repeals the Utah Agriculture Certificate of Environmental Stewardship Program;
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▸ changes the time frames for annual fees under the Agricultural and Wildlife Damage
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Prevention Act;
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▸ addresses the expiration of livestock brands;
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▸ modifies information to be provided to operate a livestock market;
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▸ amends the Domesticated Elk Act to address licensing, record retention, health
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information, and marking of domesticated elk;
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▸ clarifies that money in the LeRay McAllister Working Farm and Ranch Fund Program is
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nonlapsing;
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▸ changes the Agriculture Conservation Easement Account to an expendable special
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revenue fund;
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▸ addresses use of money in the Agriculture Resource Development Fund to pay
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administrative costs;
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▸ modifies the earmarking of sales and use taxes related to the Division of Conservation
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within the Department of Agriculture and Food;
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▸ addresses grants under the agricultural water optimization program; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None H.B. 253 01-16 15:32
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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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3-1-4, as last amended by Laws of Utah 2010, Chapter 324
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4-2-305, as enacted by Laws of Utah 2017, Chapter 86 and last amended by
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Coordination Clause, Laws of Utah 2017, Chapter 345
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4-2-901, as last amended by Laws of Utah 2024, Chapter 91
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4-9-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-9-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-9-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-9-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-13-102, as last amended by Laws of Utah 2023, Chapter 528
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4-13-103, as last amended by Laws of Utah 2020, Chapter 311
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4-13-104, as last amended by Laws of Utah 2020, Chapter 311
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4-13-105, as last amended by Laws of Utah 2020, Chapter 311
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4-13-106, as last amended by Laws of Utah 2020, Chapter 311
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4-13-108, as last amended by Laws of Utah 2020, Chapter 311
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4-13-109, as last amended by Laws of Utah 2020, Chapter 311
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4-13-110, as enacted by Laws of Utah 2020, Chapter 311
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4-18-102, as last amended by Laws of Utah 2022, Chapter 68
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4-18-103, as last amended by Laws of Utah 2023, Chapter 144
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4-18-106, as last amended by Laws of Utah 2023, Chapters 126, 144
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4-23-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-24-202, as last amended by Laws of Utah 2022, Chapter 79
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4-30-105, as last amended by Laws of Utah 2020, Chapter 154
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4-39-203, as last amended by Laws of Utah 2017, Chapter 345
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4-39-205, as last amended by Laws of Utah 2018, Chapter 355
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4-39-206, as last amended by Laws of Utah 2017, Chapter 345
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4-39-301, as last amended by Laws of Utah 2017, Chapter 345
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4-39-303, as last amended by Laws of Utah 2024, Chapter 71
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4-39-304, as last amended by Laws of Utah 2018, Chapter 355
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4-41a-204, as last amended by Laws of Utah 2023, Chapter 327
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4-46-302, as last amended by Laws of Utah 2024, Chapter 59
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4-46-304, as enacted by Laws of Utah 2023, Chapter 528
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10-11-1, as last amended by Laws of Utah 2022, Chapter 432
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59-12-103, as last amended by Laws of Utah 2024, Chapters 88, 501
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63J-1-602.2, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467
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73-10g-205, as last amended by Laws of Utah 2024, Chapter 233
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REPEALS:
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4-13-101, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-18-107, as last amended by Laws of Utah 2017, Chapter 345
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19-5-105.6, as enacted by Laws of Utah 2014, Chapter 383
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 3-1-4 is amended to read:
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3-1-4 . Purposes.
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Such association may be organized for the purpose of engaging in any cooperative
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activity for producers of agricultural products in connection with:
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(1) producing, assembling, marketing, buying or selling agricultural products, or harvesting,
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preserving, drying, processing, manufacturing, blending, canning, packing, ginning,
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grading, storing, warehousing, handling, shipping, or utilizing such products, or
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manufacturing or marketing the by-products thereof;
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(2) seed and crop improvement, and soil conservation and rehabilitation;
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(3) manufacturing, buying or supplying to its members and others, machinery, equipment,
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feed, [fertilizer] plant food, coal, gasoline and other fuels, oils and other lubricants,
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seeds, and all other agricultural and household supplies;
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(4) generating and distributing electrical energy and furnishing telephone service to its
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members and others;
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(5) performing or furnishing business or educational services, on a co-operative basis, for or
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to its members; or
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(6) financing any of the above enumerated activities.
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Section 2. Section 4-2-305 is amended to read:
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4-2-305 . Preemption.
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(1) Subject to concurrence with relevant federal laws and except as provided in Subsection
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(4), the department has exclusive jurisdiction over regulation regarding:
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(a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;
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(b) fertilizer, as described in [Chapter 13, Utah Fertilizer Act] Chapter 13, Utah Plant
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Food Act;
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(c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and
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(d) seeds, as described in Chapter 16, Utah Seed Act.
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(2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of
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statewide concern, except as provided in Subsection (4), and this title occupies the
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whole field of potential regulation.
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(3) Except as provided in Subsection (4), a political subdivision of the state is prohibited
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from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances,
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resolutions, amendments, regulations, or laws that seek to do so are void.
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(4) Nothing in this section preempts or otherwise limits the authority of a political
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subdivision to:
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(a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal
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restrictions; or
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(b) in consultation with the department, enforce, maintain, amend, or otherwise continue
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to implement a regulation created on or before January 1, 2017, related to the use of
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pesticides and fertilizers in surface water and groundwater source water protection
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areas.
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Section 3. Section 4-2-901 is amended to read:
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4-2-901 . Definitions.
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As used in this part:
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(1) "Animal shelter" means the same as that term is defined in Section 11-46-102.
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(2) "Education loan" means a loan received for education at a domestic or foreign
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institution of higher education, including a school or college of veterinary medicine.
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(3) "Education loan balance" includes charges for paying off the balance of the loan.
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(4) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
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(5) "Livestock" means the same as that term is defined in Section 4-1-109.
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(6) "Loan" means a loan that is made directly by, insured by, or guaranteed under a
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government program of:
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(a) a state;
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(b) the United States; or
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(c) a foreign government.
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(7) "Maximum payment value" means the lesser of:
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(a) the sum of a qualified veterinarian's education loan balances; or
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(b) $20,000.
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(8) "Program" means the Veterinarian Education Loan Repayment Program created in
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Section 4-2-902.
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(9) "Qualified veterinarian" means a veterinarian who has practiced, as defined by rule
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made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
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a veterinarian:
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(a) in an area of the state that is Indian country;
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(b) in an animal shelter within the state operated by:
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(i) a county;
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(ii) a municipality; or
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(iii) an organization that is exempt from federal income taxation under Section
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501(c)(3), Internal Revenue Code;
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(c) in any area of the state as an employee of the department;
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(d) in any combination of the [places] areas described in Subsections (9)(a) through (c);
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or
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(e) with a practice that includes:
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(i) at least 30% livestock medicine[.] ; or
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(ii) at least 20% livestock medicine if the veterinarian practices at least 10% in any
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combination of the areas described in Subsection (9)(a) through (c).
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(10) "Veterinarian" means an individual licensed under Title 58, Chapter 28, Veterinary
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Practice Act.
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Section 4. Section 4-9-106 is amended to read:
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4-9-106 . Weights and measures -- Specifications, tolerances, and technical data
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published in National Institute of Standards and Technology Handbook govern.
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Unless modified by the department, Handbook 44, Specifications, Tolerances, and Other
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Technical Requirements for Weighing and Measuring Devices, National Institute of Standards
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and Technology, adopted by the National [Conference] Council on Weights and Measures,
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including supplements or revisions to Handbook 44, shall determine the specifications,
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tolerances, and other technical requirements for devices used for:
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(1) commercial weighing and measuring;
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(2) law enforcement;
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(3) data gathering; and
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(4) other weighing and measuring purposes.
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Section 5. Section 4-9-107 is amended to read:
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4-9-107 . Adopting uniform packaging and labeling regulation.
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Unless modified by the department, the Uniform Packaging and Labeling Regulation,
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adopted by the National [Conference] Council on Weights and Measures in Handbook 130,
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Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
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National Institute of Standards and Technology, shall apply to packaging and labeling in the
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state.
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Section 6. Section 4-9-108 is amended to read:
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4-9-108 . Adopting uniform regulation for the method of sale of commodities.
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Unless modified by the department, the Uniform Regulation for the Method of Sale of
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Commodities, adopted by the National [Conference] Council on Weights and Measures, in
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Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
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Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale
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of commodities in the state.
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Section 7. Section 4-9-109 is amended to read:
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4-9-109 . Adopting uniform regulation for the voluntary registration of
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servicepersons and service agencies for commercial weighing and measuring devices.
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Unless modified by the department, the Uniform Regulation for the Voluntary
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Registration of Servicepersons and Service Agencies for Commercial Weighing and
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Measuring Devices, adopted by the National [Conference] Council on Weights and Measures
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in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
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Fuel Quality, National Institute of Standards and Technology, shall apply to the registration of
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servicepersons and service agencies in the state.
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Section 8. Section 4-13-102 is amended to read:
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CHAPTER 13. UTAH PLANT FOOD ACT
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4-13-102 . Definitions.
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As used in this chapter:
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(1) "Adulterated[ fertilizer]" means [a fertilizer or soil amendment that] a plant food that:
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(a) contains a deleterious or harmful substance in sufficient amount to render it injurious
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to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in
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accordance with the directions for use on the label;
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(b) has a composition that falls below or differs from that which the composition is
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purported to possess by the composition's labeling;
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(c) contains unwanted crop or weed seed; or
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(d) exceeds levels of metals permitted by the United States Environmental Protection
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Agency.
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(2) "Beneficial [substances or compounds" means a substance or compound other than
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primary, secondary, and micro plant nutrients that can be demonstrated by scientific
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research to be beneficial to one or more species of plants when applied exogenously]
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substance" means a substance or compound, other than a primary nutrient, secondary
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nutrient, or micro plant nutrient, and excluding a pesticide, that can be demonstrated by
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scientific research to be beneficial to one or more species of plants, soil, or media.
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[(3) "Biostimulant" means a product containing naturally-occurring substances and
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microbes that are used to stimulate plant growth, enhance resistance to plant pests, and
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reduce abiotic stress.]
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[(4)] (3) "Blender" means a person engaged in the business of blending or mixing [fertilizer,
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soil amendments, or both] plant food.
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[(5)] (4) "Brand" means a term, design, or trade mark used in connection with one or several
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grades of [fertilizer or soil amendment] plant food.
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[(6)] (5) "Bulk[ fertilizer]" means [fertilizer delivered to the purchaser either in solid or
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liquid state in a non-packaged form to which a label cannot be attached] plant food
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delivered to a purchaser in a non-packaged form.
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[(7)] (6) "Custom blend" means a [fertilizer] plant food blended according to specification
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provided to a blender in a soil test nutrient recommendation or to meet the specific
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consumer request before blending.
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[(8)] (7) "Deficiency" means the amount of nutrient found by analysis to be less than that
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guaranteed.
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[(9)] (8) "Derivation" means the source from which the guaranteed nutrients are derived.
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[(10)] (9) "Distribute" means to [import, consign, manufacture, produce, compound, mix,
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blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state]
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offer for sale, sell, exchange, or barter plant food.
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[(11)] (10) "Distributor" means a person who distributes.
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[(12)] (11) "Fertilizer" means a substance that contains one or more recognized plant
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nutrients that is used for the substance's plant nutrient content and is designed for use or
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claimed to have value in promoting plant growth, exclusive of unmanipulated animal
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and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products
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exempted by rule.
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[(13)] (12) "Fertilizer material" means a fertilizer that contains:
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(a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate
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(P2O5), Potash (K2O);
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(b) 85% plant nutrients in the form of a single chemical compound; or
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(c) plant or animal residues or by-products, or a natural material deposit that is
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processed so that its primary plant nutrients have not been materially changed, except
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through purification and concentration.
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[(14)] (13) "Grade" means the percentage of total nitrogen, available phosphate and soluble
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potash stated in the same terms, order, and percentages as in the guaranteed analysis.
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[(15)] (14)(a) "Guaranteed analysis" means the minimum percentage by weight of plant
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nutrients claimed in the following order and form:
244 Total Nitrogen (N) ____ percent245
Available Phosphate (P2O5) ____ percent
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Soluble Potash (K2O) ____ percent
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(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and
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other organic phosphate or degree of fineness may also be guaranteed.
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(c)(i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
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may be permitted or required by rule of the department.
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(ii) The guarantees for such other nutrients shall be expressed in the form of the
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element.
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(iii) The sources of such other nutrients, such as oxides, salt, chelates, may be
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required to be stated on the application for registration and may be included as a
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parenthetical statement on the label.
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(iv) Other beneficial substances or compounds, determinable by laboratory methods,
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also may be guaranteed by permission of the department.
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(v) Any plant nutrients or other substances or compounds guaranteed are subject to
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inspection and analysis in accord with the methods and rules prescribed by the
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department.
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[(16)] (15) "Investigational allowance" means an allowance for variations inherent in the
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taking, preparation, and analysis of an official sample of [fertilizer or soil amendment]
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plant food.
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[(17)] (16) "Label" means the display of the written, printed, or graphic matter upon the
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immediate container or statement accompanying [a fertilizer or soil amendment] plant
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food.
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[(18)] (17) "Labeling" means the written, printed, or graphic matter upon or accompanying [
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fertilizer or soil amendment] plant food, or advertisements, brochures, posters, television
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and radio announcements used in promoting the sale of [fertilizers or soil amendments]
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plant food.
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[(19)] (18) "Lot" means a definite quantity identified by a combination of numbers, letters,
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characters, or amount represented by a weight certificate from which every part is
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uniform within recognized tolerances from which the distributor can be determined.
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[(20)] (19) "Micro plant nutrient" means boron, chlorine, [colbalt] cobalt, copper, iron,
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manganese, molybdenum, nickel, sodium, and zinc.
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[(21)] (20) "Mixed fertilizer" means a fertilizer containing any combination or mixture of
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fertilizer materials.
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[(22) "Nonplant food ingredient" means a substance or compound other than the primary,
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secondary, or micro nutrients.]
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[(23)] (21) "Official sample" means a sample of [fertilizer or soil amendment] plant food
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taken by the department and designated as "official."
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[(24) "Other ingredients" means the non-soil amending ingredients present in soil
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amendments.]
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[(25)] (22) "Percent" or "percentage" means the percentage by weight.
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[(26)] (23) "Plant amendment" means a substance applied to plants or seeds that is intended
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to improve growth, yield, product quality, reproduction, flavor, or other favorable
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characteristics of plants except fertilizer, soil amendments, agricultural liming materials,
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animal and vegetable manure, pesticides, or plant regulators.
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(24) "Plant biostimulant" means a substance, microorganism, or mixture of a substance and
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microorganism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth
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media, act to support a plant's natural nutrition processes independently of the
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biostimulant's nutrient content, and thereby improving:
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(a) nutrient availability;
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(b) uptake;
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(c) use efficiency;
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(d) tolerance to abiotic stress; and
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(e) consequent growth, development, quality, or yield.
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(25) "Plant food" means a fertilizer, soil amendment, beneficial substance, plant
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amendment, plant biostimulant, plant inoculant, soil inoculant, or any combination of
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these products.
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(26) "Plant inoculant" means a product consisting of microorganisms to be applied to the
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plant or soil for the purpose of enhancing the availability or uptake of plant nutrients
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through the root system.
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(27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble potash.
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(28) "Registrant" means a person who registers a [fertilizer or a soil amendment] plant food
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under this chapter.
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(29) "Secondary nutrient" includes calcium, magnesium, and sulfur.
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[(30) "Slow release fertilizer" means a fertilizer in a form that releases, or converts to a
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plant-available form, plant nutrients at a slower rate relative to an appropriate reference
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soluble product.]
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[(31)] (30) "Soil amending ingredient" means a substance that will improve the physical,
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chemical, biochemical, biological, or other characteristics of the soil.
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[(32)] (31) "Soil amendment" means a substance or a mixture of substances that is intended
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to improve the physical, chemical, biochemical, biological, or other characteristics of the
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soil, except fertilizers, agricultural liming materials, unmanipulated animal manures,
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unmanipulated vegetable manures, or pesticides.
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(32) "Soil inoculant" means a microbial product that is applied to colonize the soil to
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benefit the soil chemistry, biology, or structure.
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(33) "Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such as
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home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,
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greenhouses, and nurseries.
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(34) "Ton" means a net weight of 2,000 pounds avoirdupois.
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Section 9. Section 4-13-103 is amended to read:
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4-13-103 . Distribution of plant food -- Registration required -- Application --
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Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.
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(1)(a) [A brand and grade of fertilizer or soil amendment shall be registered in the name
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of the person whose name appears upon the label before being distributed in this state]
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Before a plant food is distributed in this state, a person shall register the brand and
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grade of the plant food in the name of the person whose name appears upon the label
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of the plant food.
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(b) [The] A person shall submit an application for registration[ shall be submitted] to the
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department on a form prescribed and furnished by the department, and shall [be
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accompanied by] accompany the application with payment of a fee determined by the
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department pursuant to Subsection 4-2-103(2) for each brand and grade.
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(c) Upon approval by the department, the department shall furnish a copy of the
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registration [shall be furnished ]to the applicant.
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(d)(i) A registration expires at midnight on December 31 of the year in which issued.
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(ii) A registration is renewable for a period of one year upon the payment of an
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annual registration renewal fee in an amount equal to the current applicable
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original registration fee.
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(iii) A person shall pay the renewal fee [shall be paid ]on or before December 31 of
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each year.
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(2) A distributor is not required to register [fertilizer] plant food that has been registered by
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another person under this chapter if the label does not differ in any respect.
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(3)(a) A blender is not required to register each grade of [fertilizer or soil amendment]
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plant food formulated according to specifications provided by a consumer before
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mixing, but is required to:
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(i) license the name under which the business of blending or mixing is conducted;
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(ii) pay an annual blenders license fee determined by the department pursuant to
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Subsection 4-2-103(2); and
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(iii) label the [fertilizer or soil amendment] plant food as provided in Section 4-13-104.
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(b)(i) A blenders license expires at midnight on December 31 of the year in which
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the license is issued.
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(ii) A blenders license is renewable for a period of one year upon the payment of an
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annual license renewal fee in an amount equal to the current applicable original
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blenders license fee.
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(iii) A renewal fee shall be paid on or before December 31 of each year.
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(4)(a) [A] The department shall assess a tonnage fee [shall be assessed ]on fertilizer [and
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soil amendment ]products sold in the state.
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(b) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
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(c) When more than one person is involved in the distribution of a fertilizer[ or soil
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amendment], the final person who has the fertilizer [or soil amendment ]registered
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and distributed to a non-registrant or consumer is responsible for reporting the
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tonnage and paying the tonnage fee, unless the report and payment is made by a prior
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distributor of the fertilizer[ or soil amendment].
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(d) [The] A person shall submit the tonnage report [shall be submitted ]on a form
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provided by the department on or before December 31 annually covering shipments
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made during the preceding 12-month period from November 1 to October 31.
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(e) Revenue generated by the fee shall be deposited into the General Fund as dedicated
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credits to be used by the department for education and research about and promotion
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of proper [fertilizer and soil amendment] plant food distribution, handling, and use.
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Section 10. Section 4-13-104 is amended to read:
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4-13-104 . Labeling requirements for fertilizer and soil amendments specified.
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(1) A container of fertilizer distributed in this state shall bear a label in clearly legible and
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conspicuous form setting forth the:
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(a) brand name and grade;
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(b) guaranteed analysis, except that:
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(i) sources of nutrients, when shown on the label, shall be listed below the completed
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guaranteed analysis in order of predominance;
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(ii) guarantees of zeros may not be made and may not appear in statement except in
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nutrient guarantee breakdowns; and
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(iii) if chemical forms of nitrogen are claimed or required, the form shall be shown,
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but no implied order of the forms of nitrogen is intended;
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(c) subject to Subsection (12), derivation statement of guaranteed nutrients[, nonplant
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food ingredients, and beneficial substances or compounds] if present;
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(d) directions for use when applicable;
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(e) caution or warning statement when applicable;
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(f) name and address of the registrant or the manufacturer, if different from the registrant;
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(g) net weight or volume; and
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(h) lot number.
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(2) A container of specialty fertilizer distributed in this state shall bear a label in clear,
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legible, and conspicuous form setting forth the information specified in Subsections
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(1)(a) through (h).
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(3) A shipment of custom blend fertilizer shall be accompanied by a printed or written
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statement setting forth the:
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(a) information specified in Subsections (1)(a) through (c);
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(b) name and address of the licensed blender;
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(c) net weight or volume; and
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(d) lot number.
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(4) A person who ships fertilizer material shall accompany the shipment of fertilizer
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material [shall be accompanied by] with a printed or written statement setting forth the:
402
(a) information specified in Subsections (1)(a) through (c);
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(b) name and address of the registrant if different from the supplier or shipper;
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(c) net weight or volume; and
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(d) lot number.
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[(5) The grade is not required on a fertilizer label when no primary nutrients are claimed or
407
are less than one percent.]
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[(6) Additional nutrient guarantees may not be an extension of the grade statement and
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shall be a separate line or include terms such as "plus," "with," or "including."]
410
[(7)] (5) A soil amendment or beneficial substance distributed in the state shall bear a label
411
in clearly legible and conspicuous form setting forth[ the]:
412
(a) the brand name;
413
(b) a statement of composition showing the amount of each non-nutritive ingredient, that
414
is the agent in a product primarily responsible for the intended effects using the
415
following format:
416
(i) for a soil amendment:
417 SOIL AMENDING INGREDIENTS418
1. Name of the ingredient % or other acceptable units
419
(ii) for a beneficial substance:
420 CONTAINS BENEFICIAL SUBSTANCE(S)421
1. Name of beneficial substance % or other acceptable units
422
2. Genus and species of microorganism viable CFU/cm3,/mL,/g, or other acceptable units
423
3. Name of the ingredient % or other acceptable units
424
(Substances shall include ingredient source, if
applicable. Ex. humic acid from leonardite or
saponin from Yucca schidigera)
425
[(b) guaranteed analysis, which includes:]
426
[(i) nonplant food ingredients separated out by soil amending ingredients and other total
427
ingredients, in that order, by percentages; and]
428
[(ii) nonsoil amending ingredients separating out beneficial substances and beneficial
429
compounds, in that order, by percentage or acceptable units;]
430
(c) the purpose of product;
431
(d) the direction for application;
432
(e) the caution or warning statement when applicable;
433
(f) the name and address of the registrant or the manufacturer, if different from the
434
registrant; and
- 13 - H.B. 253 01-16 15:32
435
(g) the net weight or volume.
436
(6) In case of a bulk shipment, the information required by Subsection (5) in written or
437
printed form shall accompany delivery and be supplied to the purchaser at time of
438
delivery.
439
(7) The grade is not required on a fertilizer label when no primary nutrients are claimed or
440
are less than 1%.
441
(8) Additional nutrient guarantees may not be an extension of the grade statement and shall
442
be a separate line or include terms such as "plus," "with," or "including."
443
[(8)] (9) The department may require proof of claims made, usefulness, and value of the soil
444
amendments.
445
[(9) For evidence of proof the department may rely on experimental data, evaluations, or
446
advice supplied from such sources as the director of the Agricultural Experiment
447
Station. The experimental design shall be related to state conditions for which the
448
product is intended.]
449
(10) Information or a statement may not appear on a package, label, delivery slip, or
450
advertising matter that is false or misleading to the purchaser as to the use, value,
451
quality, analysis, type, or composition of the [soil amendment] plant food.
452
(11) A [fertilizer] plant food is misbranded if:
453
(a) the [fertilizer's] labeling is false or misleading in any particular;
454
(b) the [fertilizer] plant food is distributed under the name of another [fertilizer] plant food
455
product;
456
(c) the [fertilizer] plant food is not labeled as required; or
457
(d) the [fertilizer] plant food purports to be or is represented as [fertilizer] plant food, or is
458
represented as containing [a plant nutrient fertilizer] an ingredient that does not
459
conform with the definition of identity or any commonly accepted definitions of
460
official fertilizer terms.
461
(12) An abbreviation, brand name, trade mark, or trade name may not appear in a derivation
462
statement.
463
Section 11. Section 4-13-105 is amended to read:
464
4-13-105 . Enforcement -- Inspection and samples authorized -- Methods for
465
sampling and analysis prescribed -- Warrants.
466
(1) The department shall periodically sample, inspect, analyze, and test [fertilizers and soil
467
amendments] plant food distributed within this state to determine [if they comply]
468
whether the plant food complies with this chapter.
- 14 - 01-16 15:32 H.B. 253
469
(2)(a) The methods of sampling and analysis shall be those adopted by the AOAC
470
International.
471
(b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case
472
when a method is available in which improved applicability has been demonstrated,
473
the department may adopt appropriate methods from other sources.
474
(3) In determining whether a [fertilizer or soil amendment] plant food is deficient, the
475
department shall be guided solely by the official sample.
476
(4)(a) The department may enter any public or private premises or carriers during
477
regular business hours to have access to [fertilizers or soil amendments] plant food
478
and records relating to the distribution of [fertilizers and soil amendments] plant food
479
subject to this chapter.
480
(b) If admittance is refused, the department may proceed immediately to obtain an ex
481
parte warrant from the nearest court [of competent] with jurisdiction to allow entry
482
upon the premises for the purpose of making inspections and obtaining samples.
483
(5) The department shall distribute the results of an official sample.
484
(6) The department shall retain an official sample for a minimum of 90 days from the
485
issuance of a report.
486
Section 12. Section 4-13-106 is amended to read:
487
4-13-106 . Distribution of plant food not complying with labeling requirements
488
prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized --
489
Adulterated plant food.
490
(1) A person may not distribute in this state a [fertilizer, fertilizer material, soil amendment,
491
or specialty fertilizer] plant food if the official sample [thereof] of the plant food
492
establishes that the [fertilizer, fertilizer material, soil amendment, or specialty fertilizer]
493
plant food is deficient in the nutrients or ingredients guaranteed on the label by an
494
amount exceeding the values established by rule.
495
(2) The department shall evaluate and take administrative action the department prescribes
496
for a deficiency beyond the investigational allowances established by the department.
497
(3) A registrant aggrieved by the finding of an official sample deficiency may file a
498
complaint with a court [of competent] with jurisdiction to vacate or amend the finding of
499
the department.
500
(4) A person may not distribute in this state a plant food that is adulterated.
501
Section 13. Section 4-13-108 is amended to read:
502
4-13-108 . Denial, suspension, or revocation authorized -- Grounds -- Stop sale,
- 15 - H.B. 253 01-16 15:32
503
use, or removal order authorized -- Court action -- Procedure -- Costs.
504
(1) The department may deny, revoke, or suspend the license for a blender or the
505
registration of a brand of [fertilizer or soil amendment] plant food upon satisfactory
506
evidence that the licensee or registrant has used fraudulent or deceptive practices in
507
licensure, registration, or distribution in this state.
508
(2)(a) The department may issue a "stop sale, use, or removal order" to the owner or
509
person in possession of any designated lot of [fertilizer or soil amendment] plant food
510
that the department finds or has reason to believe is being offered or exposed for sale
511
in violation of this chapter.
512
(b) The order shall be in writing and [fertilizer or soil amendment] plant food subject to
513
the order may not be moved or offered or exposed for sale, except upon the
514
subsequent written release of the department.
515
(c) Before a release is issued, the department may require the owner or person in
516
possession of the "stopped" lot to pay the expense incurred by the department in
517
connection with the withdrawal of the product from the market.
518
(3)(a) The department may seek in a court [of competent] with jurisdiction an order of
519
seizure or condemnation of any [fertilizer] plant food that violates this chapter or,
520
upon proper grounds, to obtain a temporary restraining order or permanent
521
injunction, to prevent violation of this chapter.
522
(b) A bond may not be required of the department in any injunctive proceeding under
523
this section.
524
(4) If condemnation is ordered, the [fertilizer or soil amendment] plant food shall be
525
disposed of as the court directs, except that the court may not order condemnation
526
without giving the claimant of the [fertilizer or soil amendment] plant food an
527
opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring
528
the product into conformance, or to remove the [fertilizer or soil amendment] plant food
529
from the state.
530
(5) If the court orders condemnation of the [fertilizer or soil amendment] plant food, court
531
costs, fees, storage, and other expenses shall be awarded against the claimant of the [
532
fertilizer or soil amendment] plant food.
533
Section 14. Section 4-13-109 is amended to read:
534
4-13-109 . Sales or exchanges of plant food between manufacturers, importers, or
535
manipulators permitted.
536
This chapter may not be construed to restrict or avoid sales or exchanges of [fertilizers
- 16 - 01-16 15:32 H.B. 253
537
or soil amendments] plant food to each other by importers, manufacturers, or manipulators who
538
mix [fertilizer or soil amendment] plant food materials for sale or as preventing the free and
539
unrestricted shipment of [fertilizer or soil amendments] plant food to manufacturers or
540
manipulators who have registered their brands as required by this chapter.
541
Section 15. Section 4-13-110 is amended to read:
542
4-13-110 . Department may make and enforce rules -- Cooperation with state
543
and federal agencies authorized.
544
(1)(a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
545
Administrative Rulemaking Act, and enforce the rules to administer and enforce this
546
chapter.
547
(b) The department shall by rule adopt the official terms, tables, definitions, and
548
statements adopted by the Association of American Plant Food Control officials and
549
published in the official publications of that organization.
550
(2) The department may enter into agreements with other agencies of the state, other states,
551
and agencies of the federal government to administer and enforce this chapter.
552
[(3) The department may use the following terms in rule made in accordance with Title
553
63G, Chapter 3, Utah Administrative Rulemaking Act, to the extent that the department
554
is authorized to make rules by a provision other than this Subsection (3):]
555
[(a) biostimulant;]
556
[(b) bulk fertilizer;]
557
[(c) plant amendment;]
558
[(d) secondary nutrient; and]
559
[(e) slow release fertilizer.]
560
Section 16. Section 4-18-102 is amended to read:
561
4-18-102 . Findings and declarations -- Duties.
562
(1) In addition to the policy provided in Section 4-46-101, the Legislature finds and
563
declares that:
564
(a) the soil and water resources of this state constitute one of the state's basic assets; and
565
(b) the preservation of soil and water resources requires planning and programs to
566
ensure:
567
(i) the development and use of soil and water resources; and
568
(ii) soil and water resources' protection from the adverse effects of wind and water
569
erosion, sediment, and sediment related pollutants.
570
(2) The Legislature finds that local production of food is essential for:
- 17 - H.B. 253 01-16 15:32
571
(a) the security of the state's food supply; and
572
(b) the self-sufficiency of the state's citizens.
573
(3) The Legislature finds that sustainable agriculture is critical to:
574
(a) the success of rural communities;
575
(b) the historical culture of the state;
576
(c) maintaining healthy farmland;
577
(d) maintaining high water quality;
578
(e) maintaining abundant wildlife;
579
(f) high-quality recreation for citizens of the state; and
580
(g) helping to stabilize the state economy.
581
(4) The Legislature finds that livestock grazing on public lands is important for the proper
582
management, maintenance, and health of public lands in the state.
583
(5) The Legislature encourages each agricultural producer in the state to operate in a
584
reasonable and responsible manner to maintain the integrity of soil, water, and air.
585
[(6) The department shall administer the Utah Agriculture Certificate of Environmental
586
Stewardship Program, created in Section 4-18-107, to encourage each agricultural
587
producer in this state to operate in a reasonable and responsible manner to maintain the
588
integrity of the state's resources.]
589
[(7)] (6) The Legislature finds that soil health is essential to protecting the state's soil and
590
water resources, bolstering the state's food supply, and sustaining the state's agricultural
591
industry.
592
Section 17. Section 4-18-103 is amended to read:
593
4-18-103 . Definitions.
594
As used in this chapter:
595
(1)(a) "Agricultural discharge" means the release of agriculture water from the property
596
of a farm, ranch, or feedlot that:
597
(i) pollutes a surface body of water, including a stream, lake, pond, marshland,
598
watercourse, waterway, river, ditch, or other water conveyance system;
599
(ii) pollutes ground water; or
600
(iii) constitutes a significant nuisance to urban land.
601
(b) "Agricultural discharge" does not include:
602
(i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated
603
field onto land that is not part of a body of water; or
604
(ii) a release of water from a farm, ranch, or feedlot into a normally dry water
- 18 - 01-16 15:32 H.B. 253
605
conveyance leading to an active body of water, if the release does not reach the
606
water of a lake, pond, stream, marshland, river, or other active body of water.
607
(2) "Agricultural operation" means a farm, ranch, or animal feeding operation.
608
(3) "Agriculture water" means:
609
(a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
610
(b) the return flow of water from irrigated agriculture; or
611
(c) agricultural storm water runoff.
612
(4) "Alternate" means a substitute for a district supervisor if the district supervisor cannot
613
attend a meeting.
614
(5)(a) "Animal feeding operation" means a facility where animals, other than aquatic
615
animals, are stabled or confined and fed or maintained for a total of 45 days or more
616
in any 12-month period.
617
(b) "Animal feeding operation" does not include an operation where animals are in areas
618
such as pastures or rangeland that sustain crops or forage growth during the normal
619
growing season.
620
(6) "Best management practices" means practices, including management policies and the
621
use of technology, used by each sector of agriculture in the production of food and fiber
622
that are commonly accepted practices, or that are at least as effective as commonly
623
accepted practices, and that:
624
(a) protect the environment;
625
(b) protect human health;
626
(c) ensure the humane treatment of animals; and
627
(d) promote the financial viability of agricultural production.
628
[(7) "Certified agricultural operation" means an agricultural operation that is certified
629
under the Utah Agriculture Certificate of Environmental Stewardship Program in
630
accordance with Section 4-18-107.]
631
[(8) "Certified conservation planner" means a planner of a state conservation district, or
632
other qualified planner, that is approved by the commission to certify an agricultural
633
operation under the Utah Agriculture Certificate of Environmental Stewardship
634
Program, created in Section 4-18-107.]
635
[(9)] (7) "Commission" means the Conservation Commission created in Section 4-18-104.
636
[(10)] (8) "Comprehensive nutrient management plan" or "nutrient management plan"
637
means a plan to properly store, handle, and spread manure and other agricultural
638
byproducts to:
- 19 - H.B. 253 01-16 15:32
639
(a) protect the environment; and
640
(b) provide nutrients for the production of crops.
641
[(11)] (9) "Coordinated resource management plan" means a plan of action created at a local
642
level with broad participation of land owners, natural resource agencies, and interested
643
stakeholders to protect or enhance the environment, human health, humane treatment of
644
animals, and financial viability in the community.
645
[(12)] (10) "District" or "conservation district" has the same meaning as "conservation
646
district" as defined in Section 17D-3-102.
647
[(13)] (11) "Fodder" means food for livestock.
648
[(14)] (12) "Hydroponic" means a technique for growing plants without soil.
649
[(15)] (13) "Pollution" means a harmful human-made or human-induced alteration to the
650
water of the state, including an alteration to the chemical, physical, biological, or
651
radiological integrity of water that harms the water of the state.
652
[(16)] (14) "State technical standards" means a collection of best management practices that
653
will protect the environment in a reasonable and economical manner for each sector of
654
agriculture as required by this chapter.
655
[(17)] (15) "Sustainable agriculture" means agriculture production and practices that
656
promote:
657
(a) the environmental responsibility of owners and operators of farms, ranches, and
658
feedlots; and
659
(b) the profitability of owners and operators of farms, ranches, and feedlots.
660
Section 18. Section 4-18-106 is amended to read:
661
4-18-106 . Agriculture Resource Development Fund -- Contents -- Use of fund
662
money -- Advisory board.
663
(1) As used in this section:
664
(a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
665
that results in:
666
(i) the president of the United States declaring an emergency or major disaster in the
667
state;
668
(ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
669
Disaster Response and Recovery Act; or
670
(iii) the chief executive officer of a local government declaring a local emergency
671
under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
672
(b) "Fund" means the Agriculture Resource Development Fund created in this section.
- 20 - 01-16 15:32 H.B. 253
673
(c) "Local government" means the same as that term is defined in Section 53-2a-602.
674
(2) There is created a revolving loan fund known as the "Agriculture Resource
675
Development Fund."
676
(3) The fund shall consist of:
677
(a) money appropriated to the fund by the Legislature;
678
[(b) sales and use tax receipts transferred to the fund in accordance with Section
679
59-12-103;]
680
[(c)] (b) money received for the repayment of loans made from the fund;
681
[(d)] (c) money from a preferential user to reimburse the commission for loans made
682
from the fund in accordance with Title 73, Chapter 3d, Part 4, Compensation;
683
[(e)] (d) money made available to the state for agriculture resource development or for a
684
temporary water shortage emergency, as defined in Section 73-3d-101, from any
685
source; and
686
[(f)] (e) interest earned on the fund.
687
(4) The commission may make loans from the fund for:
688
(a) a rangeland improvement and management project;
689
(b) a watershed protection or flood prevention project;
690
(c) a soil and water conservation project;
691
(d) a program designed to promote energy efficient farming practices;
692
(e) an improvement program for agriculture product storage or program designed to
693
protect a crop or animal resource;
694
(f) a hydroponic or aquaponic system, including a hydroponic fodder production system;
695
(g) a project or program to improve water quality;
696
(h) a project to address other environmental issues;
697
(i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
698
of agriculture during and immediately following a disaster; or
699
(j) subject to Subsection (6), authorized for temporary water shortage emergencies as
700
provided in Title 73, Chapter 3d, Part 4, Compensation.
701
(5)(a) Loans made through a disaster relief program described in Subsection (4)(i) may
702
not comprise more than 10% of the funds appropriated by the Legislature to the fund.
703
(b) Notwithstanding Subsection (5)(a), the department may use the money appropriated
704
to the fund by the Legislature or another source, without limitation, if the money is
705
appropriated specifically for use in a disaster relief program.
706
(c)(i) Until December 31, 2024, the department is authorized to borrow up to
- 21 - H.B. 253 01-16 15:32
707
$3,000,000 of General Fund appropriations from the Agricultural Water
708
Optimization Account created in Section 73-10g-204 to be used in making loans
709
through a disaster relief program described in Subsection (4)(i).
710
(ii) If the department borrows from the Agricultural Water Optimization Account
711
under Subsection (5)(c)(i), the department shall deposit the repayment of principal
712
and interest on loans made through a disaster relief program, regardless of the
713
source of the funds used to make those loans, into the Agricultural Water
714
Optimization Account, with preference over the repayment of any other source of
715
funds, until the Agricultural Water Optimization Account is repaid in full.
716
(6) The commission may not have at one time an aggregate amount of loans made under
717
Subsection (4)(j) that exceeds $5,000,000.
718
(7) The commission may appoint an advisory board to:
719
(a) oversee the award process for loans, as described in this section;
720
(b) approve loans; and
721
(c) recommend policies and procedures for the fund that are consistent with statute.
722
(8) The department shall obtain an approved annual budget from the commission to use
723
money from the fund to pay for the costs of administering the fund and loans made from
724
the fund.
725
Section 19. Section 4-23-107 is amended to read:
726
4-23-107 . Annual fees on sheep, goats, cattle, and turkeys -- Determination by
727
board -- Collection methods.
728 (1) To assist the department in meeting the annual expense of administering this chapter, the
729
following annual predator control fees are imposed upon animals owned by persons whose
730
interests this chapter is designed to protect:Sheep and goats (except on farm dairy
731
goats or feeder lambs)......................................................................... at least $.70 but not
732
more than $1 per head
733
Cattle (except on farm dairy cattle)......................................................... at least $.15 but not
734
more than $.50 per head
735
Turkeys (breeding stock only)................................................................. at least $.05 but not
736
more than $.10 per head
737
(2) The amount of the fees imposed upon each category of animals specified in this section
738
shall be determined by the board annually on or before [January 1] July 1 of each year.
739
(3)(a) Fee brand inspected cattle are subject to a predator control fee upon change of
740
ownership or slaughter.
- 22 - 01-16 15:32 H.B. 253
741
(b) The fee shall be collected by the local brand inspector at the time of the inspection of
742
cattle, or withheld and paid by the market from proceeds derived from the sale of the
743
cattle.
744
(c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject to
745
any subsequent predator control fee.
746
(4)(a) Fleece of sheared sheep is subject to a predator control fee upon sale of the fleece.
747
(b)(i) The fee shall be withheld and paid by the marketing agency or purchaser of
748
wool from proceeds derived from the sale of the fleece.
749
(ii) The department shall enter into cooperative agreements with in-state and
750
out-of-state wool warehouses and wool processing facilities for the collection of
751
predator control fees on the fleece of sheep that graze on private or public range in
752
the state.
753
(c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
754
white face sheep and five pounds for black face sheep.
755
(5) Predator control fees on turkey breeding stock shall be paid by the turkey cooperative.
756
(6)(a) Livestock owners shall pay a predator control fee on any livestock that uses
757
public or private range in the state [which] that is not otherwise subject to the fee
758
under Subsection (3) or (4).
759
(b) By [January 1] September 1, the commissioner shall mail to each owner of livestock
760
specified in Subsection (6)(a) a reporting form requiring sufficient information on the
761
type and number of livestock grazed in the state and indicating the fee imposed for
762
each category of livestock.
763
(c) [Each] An owner shall file the completed form and the appropriate fee with the
764
commissioner before [April 1] December 31.
765
(d) If any person who receives the reporting form fails to return the completed form and
766
the imposed fee as required, the commissioner is authorized to commence suit
767
through the office of the attorney general, in a court [of competent] with jurisdiction,
768
to collect the imposed fee, the amount of which shall be as determined by the
769
commissioner.
770
(7) [All fees] A fee collected under this section shall be remitted to the department and
771
deposited in the Agricultural and Wildlife Damage Prevention Account.
772
Section 20. Section 4-24-202 is amended to read:
773
4-24-202 . Recordation of brand.
774
(1)[(a) Application for a recorded brand shall be made] A person shall submit an
- 23 - H.B. 253 01-16 15:32
775
application for a recorded brand to the department upon forms prescribed and
776
furnished by the department.
777
[(b)] (a) The application shall contain the following information:
778
(i) the name of each applicant;
779
(ii) a single designated address where the department will send a notice of brand
780
renewal; and
781
(iii) a description of the brand that is the subject of the application.
782
[(c)] (b) [An] The department may not approve an application [may not be approved ]
783
without payment of the appropriate recording fee.
784
[(d)] (c) Upon receipt of a proper application, payment of the recording fee, and
785
recordation of the brand in the central Brand Registry of the department, the
786
commissioner shall issue the applicant a certified copy of recording that entitles the
787
applicant to the exclusive use of the brand recorded.
788
(2)(a) A recorded brand filed with the central Brand Registry expires during the
789
calendar year 1980, and during each fifth or tenth year thereafter. The applicant at the
790
time of application shall decide whether the brand filed with the central Brand
791
Registry expires during the fifth or the tenth year.
792
(b)(i) The department shall send notice in writing to the address designated under
793
Subsection (1)(b)(ii) within a reasonable time before the date of expiration of
794
recordation.
795
(ii) The notice required by this Subsection (2)(b) may be provided by email or regular
796
mail at the department's discretion.
797
(iii) The holder of a registered brand has an affirmative duty to inform the department
798
of a change to the contact information provided on the initial application for a
799
recorded brand.
800
(c) Brand renewal is affected by filing an appropriate application with the department
801
together with payment of the renewal fee.
802
(d) A recorded brand, not timely renewed, shall lapse and be removed from the central
803
Brand Registry.
804
Section 21. Section 4-30-105 is amended to read:
805
4-30-105 . License required -- Application -- Fee -- Expiration -- Renewal.
806
(1)(a) [No person may] A person may not operate a livestock market in this state without
807
a license issued by the department.
808
(b) [Application for a license shall be made ] A person shall submit an application for a
- 24 - 01-16 15:32 H.B. 253
809
license to the department upon forms prescribed and furnished by the department,
810
and the application shall specify:
811
(i) if the applicant is an individual, the name, address, and [date of birth] age of the
812
applicant; or
813
(ii) if the applicant is a partnership, corporation, or association, the name, address,
814
and [date of birth] age of each person who has a financial interest in the applicant
815
and the amount of each person's interest;
816
(iii) a certified statement of the financial assets and liabilities of the applicant
817
detailing:
818
(A) current assets;
819
(B) current liabilities;
820
(C) long-term assets; and
821
(D) long-term liabilities;
822
(iv) a legal description of the property where the market is proposed to be located, the
823
property's street address, and a description of the facilities proposed to be used in
824
connection with the property;
825
(v) a schedule of the charges or fees the applicant proposes to charge for each service
826
rendered; and
827
(vi) a detailed statement of the trade area proposed to be served by the applicant, the
828
potential benefits which will be derived by the livestock industry, and the specific
829
services the applicant intends to render at the livestock market.
830
(2)(a) Upon receipt of a proper application, payment of a license fee in an amount
831
determined by the department pursuant to Subsection 4-2-103(2), the commissioner,
832
if satisfied that the convenience and necessity of the industry and the public will be
833
served, shall issue a license allowing the applicant to operate the livestock market
834
proposed in the application valid through December 31 of the year in which the
835
license is issued, subject to suspension or revocation for cause.
836
(b) A livestock market license is annually renewable on or before December 31 of each
837
year upon the payment of an annual license renewal fee in an amount determined by
838
the department pursuant to Subsection 4-2-103(2).
839
(3) [No] The department may not issue a livestock market original or renewal license [may
840
be issued ]until the applicant has provided the department with a certified copy of a
841
surety bond filed with the United States Department of Agriculture as required by the
842
Packers and Stockyards Act, 1921, 7 U.S.C. Section 181 et seq.
- 25 - H.B. 253 01-16 15:32
843
Section 22. Section 4-39-203 is amended to read:
844
4-39-203 . License required to operate a domesticated elk facility.
845
(1) A person may not operate a domesticated elk facility without first obtaining a license
846
from the department.
847
(2)(a) [Each] An application for a license to operate a domesticated elk facility shall be
848
accompanied by a fee.
849
(b) The fee shall be established by the department in accordance with Section 63J-1-504.
850
(3) [Each] An applicant for a domesticated elk facility license shall submit an application
851
providing all information in the form and manner as required by the department.
852
(4)(a) [No license shall be issued until the department has inspected and approved] The
853
department may not issue a license until the department inspects and approves the
854
facility.
855
(b) The department shall:
856
(i) notify the Division of Wildlife Resources at least 48 hours [prior to] before a
857
scheduled inspection so that a Division of Wildlife Resources representative may
858
be present at the inspection; and
859
(ii) provide the Division of Wildlife Resources with copies of all licensing and
860
inspection reports.
861
(5) Each separate location of the domesticated elk operation shall be licensed separately.
862
(6)(a) If a domesticated elk facility is operated under more than one business name from
863
a single location, the name of each operation shall be listed with the department in
864
the form and manner required by the department.
865
(b) The department shall require that a separate fee be paid for each business name listed.
866
(c) If a domesticated elk facility operates under more than one business name from a
867
single location, each facility shall maintain separate records.
868
(7) [Each person or business entity] A person with an equity interest in the domesticated elk
869
shall be listed on the application for license.
870
(8) [Each] A domesticated elk facility license shall expire on [July 1] June 30 in the year
871
following the year of issuance.
872
(9) [Each] A licensee shall report to the department, in the form and manner required by the
873
department, any change in the information provided in the licensee's application or in the
874
reports previously submitted, within 15 days of each change.
875
(10) [Licenses] A license issued pursuant to this section [are] is not transferable.
876
Section 23. Section 4-39-205 is amended to read:
- 26 - 01-16 15:32 H.B. 253
877
4-39-205 . License renewal.
878
(1) To renew a license, the licensee shall submit to the department the following:
879
(a) renewal fee;
880
(b) paperwork showing that the:
881
(i) domesticated elk, on the domesticated elk facility, have been inspected and
882
certified by the department for health[,] and proof of ownership[, and genetic
883
purity certification] for all elk imported into the state; and
884
(ii) facility has been properly maintained, as provided in this chapter, during the
885
immediately preceding 60-day period; and
886
(c) record of each purchase of domesticated elk and transfer of domesticated elk into the
887
facility, which shall include the following information:
888
(i) name[,] and address[, and health approval number] of the source;
889
(ii) date of transaction; and
890
(iii) number and sex.
891
(2)(a) If the renewal fee and paperwork are not received on or before April 30, the
892
department shall charge a late fee[ will be charged].
893
(b) A license may not be renewed until the renewal fee and any late fee is paid.
894
(3) If the application and fee for renewal are not received on or before [July 1] June 30, the
895
license may not be renewed, and a new license shall be required.
896
Section 24. Section 4-39-206 is amended to read:
897
4-39-206 . Records to be maintained.
898
(1) The following records and information shall be maintained by a domesticated elk
899
facility for the life of the animal plus [two] five years:
900
(a) records of purchase, acquisition, distribution, and production histories of
901
domesticated elk;
902
(b) records documenting antler harvesting, production, and distribution; and
903
(c) health certificates.
904
(2) For purposes of carrying out [the provisions of ]this chapter and rules made under this
905
chapter, at any reasonable time during regular business hours, the department shall have
906
free and unimpeded access to inspect all records required to be kept.
907
(3) The department may make copies of the records referred to in this section.
908
Section 25. Section 4-39-301 is amended to read:
909
4-39-301 . Proof of source.
910
The department shall require[:]
- 27 - H.B. 253 01-16 15:32
911
[(1) that each domesticated elk, including gametes, eggs, or sperm, imported into the state:]
912
[(a) test negative for the red deer genetic factor;]
913
[(b) be registered with gold or silver status with the North American Elk Breeders
914
Association; or]
915
[(c) come from a state which has a red deer genetic factor prevention program approved by
916
the department; and]
917
[(2)] proof that the domesticated elk originates from a legal source as provided in Section
918
4-39-302.
919
Section 26. Section 4-39-303 is amended to read:
920
4-39-303 . Importation of domesticated elk -- Enforcement.
921
(1) A person may not import domesticated elk into the state for use in domesticated elk
922
facilities without first obtaining:
923
(a) an entry permit from the state veterinarian's office; and
924
(b) a domesticated elk facility license from the department.
925
(2) The entry permit shall include the following information and certificates:
926
(a) a health certificate with an indication of the current health status;
927
[(b) proof of genetic purity as required in Section 4-39-301;]
928
[(c)] (b) the name and address of the consignor and consignee;
929
[(d)] (c) proof that the elk are:
930
(i) tuberculosis free; or
931
(ii) enrolled in a tuberculosis herd monitoring accreditation program administered by
932
the United State Department of Agriculture or the Canadian Food Inspection
933
Agency;
934
[(e)] (d) the origin of shipment;
935
[(f)] (e) the final destination;
936
[(g)] (f) the total number of animals in the shipment;
937
[(h)] (g) for an elk imported from east of the 100 degree meridian, proof that the elk has
938
been dewormed in accordance with Subsection (3)(a); and
939
[(i)] (h) any other information required by the state veterinarian's office or the department.
940
(3) In addition to the requirements described in Subsections (1) and (2), a person importing
941
a domesticated elk from east of the 100 degree meridian shall:
942
(a) deworm the elk within 60 days before arrival in the state;
943
(b) deworm or harvest the elk no later than 150 days after arrival in the state;
944
(c) for a bull sent to an elk ranch:
- 28 - 01-16 15:32 H.B. 253
945
(i) hold the bull for harvest until the bull has completed a slaughter withdrawal
946
period; or
947
(ii) be able to demonstrate that the elk is free from dewormer residue; and
948
(d) make the elk available to the department for monitoring and inspection upon request
949
by the department.
950
(4) The department may stop the importation of a domesticated elk or quarantine a
951
domesticated elk if the department identifies the spread of meningeal worm in the elk or
952
the elk's domesticated herd.
953
(5) A person who imports domesticated elk into the state from an international herd:
954
(a) may only import domesticated elk:
955
(i) that are male; and
956
(ii) to an elk ranch for use in the elk ranch; and
957
(b) shall ensure that the domesticated elk are harvested in the same season in which the
958
domesticated elk enter the state.
959
(6) For the purpose of enforcing Subsection (5), the department may make rules, in
960
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the use
961
of radio frequency identification tags to track male elk imported into the state from an
962
international herd.
963
Section 27. Section 4-39-304 is amended to read:
964
4-39-304 . Marking domesticated elk.
965
[(1) Each] A domesticated elk shall be marked by [either an official USDA tag or by ]an
966
electronic identification tag[, as provided in Subsection (2):] and unique visual tag
967
pursuant to rules made by the department in accordance with Title 63G, Chapter 3, Utah
968
Administrative Rulemaking Act.
969
[(a) within 30 days of a change of ownership; or]
970
[(b) in the case of newborn calves, within 15 days after being weaned, but in any case, no
971
later than January 31.]
972
[(2) If a domesticated elk is identified with an electronic identification tag, it shall be
973
placed in the right ear.]
974
Section 28. Section 4-41a-204 is amended to read:
975
4-41a-204 . Operating plan.
976
(1) A person applying for a cannabis production establishment license or license renewal
977
shall submit to the department for the department's review a proposed operating plan
978
that complies with this section and that includes:
- 29 - H.B. 253 01-16 15:32
979
(a) a description of the physical characteristics of the proposed facility or, for a cannabis
980
cultivation facility, no more than two facility locations, including a floor plan and an
981
architectural elevation;
982
(b) a description of the credentials and experience of:
983
(i) each officer, director, and owner of the proposed cannabis production
984
establishment; and
985
(ii) any highly skilled or experienced prospective employee;
986
(c) the cannabis production establishment's employee training standards;
987
(d) a security plan;
988
(e) a description of the cannabis production establishment's inventory control system,
989
including a description of how the inventory control system is compatible with the
990
state electronic verification system described in Section 26B-4-202;
991
(f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
992
manner that is sanitary and preserves the integrity of the cannabis;
993
(g) for a cannabis cultivation facility, the information described in Subsection (2);
994
(h) for a cannabis processing facility, the information described in Subsection (3); and
995
(i) for an independent cannabis testing laboratory, the information described in
996
Subsection (4).
997
(2)(a) A cannabis cultivation facility shall ensure that the facility's operating plan
998
includes the facility's intended:
999
(i) cannabis cultivation practices, including the facility's intended pesticide use and [
1000
fertilizer] plant food use; and
1001
(ii) subject to Subsection (2)(b), acreage or square footage under cultivation and
1002
anticipated cannabis yield.
1003
(b) Except as provided in Subsection (2)(c)(i) or (c)(ii), a cannabis cultivation facility
1004
may not:
1005
(i) for a facility that cultivates cannabis only indoors, use more than 100,000 total
1006
square feet of cultivation space;
1007
(ii) for a facility that cultivates cannabis only outdoors, use more than four acres for
1008
cultivation; and
1009
(iii) for a facility that cultivates cannabis through a combination of indoor and
1010
outdoor cultivation, use more combined indoor square footage and outdoor
1011
acreage than allowed under the department's formula described in Subsection
1012
(2)(e).
- 30 - 01-16 15:32 H.B. 253
1013
(c)(i) Each licensee may apply to the department for:
1014
(A) a one-time, permanent increase of up to 20% of the limitation on the cannabis
1015
cultivation facility's cultivation space; or
1016
(B) a short-term increase, not to exceed 12 months, of up to 40% of the limitation
1017
on the cannabis cultivation facility's cultivation space.
1018
(ii) After conducting a review equivalent to the review described in Subsection
1019
4-41a-205(2)(a), if the department determines that additional cultivation is
1020
needed, the department may:
1021
(A) grant the one-time, permanent increase described in Subsection (2)(c)(i)(A); or
1022
(B) grant the short-term increase described in Subsection (2)(c)(i)(B).
1023
(d) If a licensee describes an intended acreage or square footage under cultivation under
1024
Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b), the
1025
licensee may not cultivate more than the licensee's identified intended acreage or
1026
square footage under cultivation.
1027
(e) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative
1028
Rulemaking Act, establish a formula for combined usage of indoor and outdoor
1029
cultivation that:
1030
(i) does not exceed, in estimated cultivation yield, the aggregate limitations described
1031
in Subsection (2)(b)(i) or (ii); and
1032
(ii) allows a cannabis cultivation facility to operate both indoors and outdoors.
1033
(f)(i) The department may authorize a cannabis cultivation facility to operate at no
1034
more than two separate locations.
1035
(ii) If the department authorizes multiple locations under Subsection (2)(f)(i), the two
1036
cannabis cultivation facility locations combined may not exceed the cultivation
1037
limitations described in this Subsection (2).
1038
(3) A cannabis processing facility's operating plan shall include the facility's intended
1039
cannabis processing practices, including the cannabis processing facility's intended:
1040
(a) offered variety of cannabis product;
1041
(b) cannabinoid extraction method;
1042
(c) cannabinoid extraction equipment;
1043
(d) processing equipment;
1044
(e) processing techniques; and
1045
(f) sanitation and manufacturing safety procedures for items for human consumption.
1046
(4) An independent cannabis testing laboratory's operating plan shall include the
- 31 - H.B. 253 01-16 15:32
1047
laboratory's intended:
1048
(a) cannabis and cannabis product testing capability;
1049
(b) cannabis and cannabis product testing equipment; and
1050
(c) testing methods, standards, practices, and procedures for testing cannabis and
1051
cannabis products.
1052
(5) Notwithstanding an applicant's proposed operating plan, a cannabis production
1053
establishment is subject to land use regulations, as defined in Sections 10-9a-103 and
1054
17-27a-103, regarding the availability of outdoor cultivation in an industrial zone.
1055
Section 29. Section 4-46-302 is amended to read:
1056
4-46-302 . Program -- Use of money in fund -- Criteria -- Administration.
1057
(1) Subject to Subsection (2), the board shall administer the LeRay McAllister Working
1058
Farm and Ranch Fund Program under which the board may authorize the use of money
1059
in the fund, by grant, to:
1060
(a) a local entity;
1061
(b) the Department of Natural Resources created under Section 79-2-201;
1062
(c) an entity within the department; or
1063
(d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3),
1064
Internal Revenue Code.
1065
(2)(a) The money in the fund shall be used for preserving or restoring open land and
1066
agricultural land.
1067
(b) Except as provided in Subsection (2)(c), money from the fund:
1068
(i) may be used to:
1069
(A) establish a conservation easement under Title 57, Chapter 18, Land
1070
Conservation Easement Act; or
1071
(B) fund similar methods to preserve open land or agricultural land; and
1072
(ii) may not be used to purchase a fee interest in real property to preserve open land
1073
or agricultural land.
1074
(c) Money from the fund may be used to purchase a fee interest in real property to
1075
preserve open land or agricultural land if:
1076
(i) the property to be purchased is no more than 20 acres in size; and
1077
(ii) with respect to a parcel purchased in a county in which over 50% of the land area
1078
is publicly owned, real property roughly equivalent in size and located within that
1079
county is contemporaneously transferred to private ownership from the
1080
governmental entity that purchased the fee interest in real property.
- 32 - 01-16 15:32 H.B. 253
1081
(d) Eminent domain may not be used or threatened in connection with any purchase
1082
using money from the fund.
1083
(e) A parcel of land larger than 20 acres in size may not be divided to create one or more
1084
parcels that are smaller than 20 acres in order to comply with Subsection (2)(c)(i).
1085
(f) A local entity, department, or organization under Subsection (1) may not receive
1086
money from the fund unless the local entity, department, or organization provides
1087
matching funds equal to or greater than the amount of money received from the fund.
1088
(g) In granting money from the fund, the board may impose conditions on the recipient
1089
as to how the money is to be spent.
1090
(h) The board shall give priority to:
1091
(i) working agricultural land; and
1092
(ii) after giving priority to working agricultural land under Subsection (2)(h)(i),
1093
requests from the Department of Natural Resources for up to 20% of each annual
1094
increase in the amount of money in the fund if the money is used for the
1095
protection of wildlife or watershed.
1096
(i)(i) The board may not make a grant from the fund that exceeds $1,000,000 until
1097
after making a report to the Legislative Management Committee about the grant.
1098
(ii) The Legislative Management Committee may make a recommendation to the
1099
board concerning the intended grant, but the recommendation is not binding on
1100
the board.
1101
(3) In determining the amount and type of financial assistance to provide a local entity,
1102
department, or organization under Subsection (1) and subject to Subsection (2)(i), the
1103
board shall consider:
1104
(a) the nature and amount of open land and agricultural land proposed to be preserved or
1105
restored;
1106
(b) the qualities of the open land and agricultural land proposed to be preserved or
1107
restored;
1108
(c) the cost effectiveness of the project to preserve or restore open land or agricultural
1109
land;
1110
(d) the funds available;
1111
(e) the number of actual and potential applications for financial assistance and the
1112
amount of money sought by those applications;
1113
(f) the open land preservation plan of the local entity where the project is located and the
1114
priority placed on the project by that local entity;
- 33 - H.B. 253 01-16 15:32
1115
(g) the effects on housing affordability and diversity; and
1116
(h) whether the project protects against the loss of private property ownership.
1117
(4) If a local entity, department, or organization under Subsection (1) seeks money from the
1118
fund for a project whose purpose is to protect critical watershed, the board shall require
1119
that the needs and quality of that project be verified by the state engineer.
1120
(5) An interest in real property purchased with money from the fund shall be held and
1121
administered by the state or a local entity.
1122
(6)(a) The board may not authorize the use of money under this section for a project
1123
unless the land use authority for the land in which the project is located consents to
1124
the project.
1125
(b) To obtain consent to a project, the person who is seeking money from the fund shall
1126
submit a request for consent to a project with the applicable land use authority. The
1127
land use authority may grant or deny consent. If the land use authority does not take
1128
action within 60 days from the day on which the request for consent is filed with the
1129
land use authority under this Subsection (6), the board shall treat the project as
1130
having the consent of the land use authority.
1131
(c) An action of a land use authority under this Subsection (6) is not a land use decision
1132
subject to:
1133
(i) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
1134
(ii) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
1135
Section 30. Section 4-46-304 is amended to read:
1136
4-46-304 . Agriculture Conservation Easement Account.
1137
(1) There is created [within the General Fund a restricted account] an expendable special
1138
revenue fund known as the Agriculture Conservation Easement Account.
1139
(2) The Agriculture Conservation Easement Account consists of:
1140
(a) conservation easement stewardship fees;
1141
(b) grants from private foundations;
1142
(c) grants from local governments, the state, or the federal government;
1143
(d) grants from the Land Conservation Board created under Section 4-46-201;
1144
(e) donations from landowners for monitoring and enforcing compliance with
1145
conservation easements;
1146
(f) donations from any other person; and
1147
(g) interest on account money.
1148
(3) [Upon appropriation by the Legislature, the] The department shall use money from the
- 34 - 01-16 15:32 H.B. 253
1149
account to monitor and enforce compliance with conservation easements held by the
1150
department.
1151
(4) The department may not receive or expend donations from the account to acquire
1152
conservation easements.
1153
Section 31. Section 10-11-1 is amended to read:
1154
10-11-1 . Abatement of weeds, garbage, public nuisances, and hazardous
1155
materials -- Selection of service provider.
1156
(1) As used in this chapter, "hazardous materials" means the same as that term is defined in
1157
Section 19-6-902.
1158
(2) A municipal legislative body may:
1159
(a) designate and regulate the abatement of:
1160
(i) the growth and spread of injurious and noxious weeds;
1161
(ii) garbage and refuse;
1162
(iii) a public nuisance;
1163
(iv) an illegal object or structure; or
1164
(v) for a structure or any real property closed to occupancy or entry by a local health
1165
department, hazardous materials; and
1166
(b) appoint a municipal inspector for the purpose of carrying out and in accordance with
1167
the provisions of this chapter.
1168
(3) A municipal legislative body may not:
1169
(a) prohibit an owner or occupant of real property within the municipality's jurisdiction,
1170
including an owner or occupant who receives a notice in accordance with Section
1171
10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an
1172
abatement service for injurious and noxious weeds, garbage and refuse, a public
1173
nuisance, or an illegal object or structure; or
1174
(b) require that an owner or occupant described in Subsection (3)(a) use the services of
1175
the municipal inspector or any assistance employed by the municipal inspector
1176
described in Section 10-11-3 to provide an abatement service described in Subsection
1177
(3)(a).
1178
(4) A municipality may require that an owner or occupant described in Subsection (3)(a)
1179
use the abatement services, as described in Section 10-11-3, of the municipal inspector,
1180
including the use of a certified decontamination specialist as described in Section
1181
19-6-906, or any assistance employed by the municipal inspector if:
1182
(a) the municipality adopts an ordinance providing a reasonable period of time of at least
- 35 - H.B. 253 01-16 15:32
1183
10 days for an owner or occupant to abate the owner's or occupant's property after
1184
receiving a notice described in Section 10-11-2; and
1185
(b) the owner or occupant fails to abate the property within the reasonable period of time
1186
and in accordance with the notice.
1187
(5) A municipality may require that an owner or occupant use the abatement services of a
1188
certified decontamination specialist to abate hazardous materials.
1189
(6) Nothing in this chapter may be construed:
1190
(a) as authorizing a municipality to regulate items that are within the exclusive
1191
jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305,
1192
including commercial feed, [fertilizer] plant food, pesticides, and seeds; or
1193
(b) as limiting or abrogating the authority of a local health department under Section
1194
19-6-905.
1195
Section 32. Section 59-12-103 is amended to read:
1196
59-12-103 . Sales and use tax base -- Rates -- Effective dates -- Use of sales and
1197
use tax revenue.
1198
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales
1199
price for amounts paid or charged for the following transactions:
1200
(a) retail sales of tangible personal property made within the state;
1201
(b) amounts paid for:
1202
(i) telecommunications service, other than mobile telecommunications service, that
1203
originates and terminates within the boundaries of this state;
1204
(ii) mobile telecommunications service that originates and terminates within the
1205
boundaries of one state only to the extent permitted by the Mobile
1206
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1207
(iii) an ancillary service associated with a:
1208
(A) telecommunications service described in Subsection (1)(b)(i); or
1209
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
1210
(c) sales of the following for commercial use:
1211
(i) gas;
1212
(ii) electricity;
1213
(iii) heat;
1214
(iv) coal;
1215
(v) fuel oil; or
1216
(vi) other fuels;
- 36 - 01-16 15:32 H.B. 253
1217
(d) sales of the following for residential use:
1218
(i) gas;
1219
(ii) electricity;
1220
(iii) heat;
1221
(iv) coal;
1222
(v) fuel oil; or
1223
(vi) other fuels;
1224
(e) sales of prepared food;
1225
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1226
user fees for theaters, movies, operas, museums, planetariums, shows of any type or
1227
nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
1228
menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling
1229
matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling
1230
lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts,
1231
ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides,
1232
river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or
1233
any other amusement, entertainment, recreation, exhibition, cultural, or athletic
1234
activity;
1235
(g) amounts paid or charged for services for repairs or renovations of tangible personal
1236
property, unless Section 59-12-104 provides for an exemption from sales and use tax
1237
for:
1238
(i) the tangible personal property; and
1239
(ii) parts used in the repairs or renovations of the tangible personal property described
1240
in Subsection (1)(g)(i), regardless of whether:
1241
(A) any parts are actually used in the repairs or renovations of that tangible
1242
personal property; or
1243
(B) the particular parts used in the repairs or renovations of that tangible personal
1244
property are exempt from a tax under this chapter;
1245
(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted
1246
cleaning or washing of tangible personal property;
1247
(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer
1248
court accommodations and services;
1249
(j) amounts paid or charged for laundry or dry cleaning services;
1250
(k) amounts paid or charged for leases or rentals of tangible personal property if within
- 37 - H.B. 253 01-16 15:32
1251
this state the tangible personal property is:
1252
(i) stored;
1253
(ii) used; or
1254
(iii) otherwise consumed;
1255
(l) amounts paid or charged for tangible personal property if within this state the tangible
1256
personal property is:
1257
(i) stored;
1258
(ii) used; or
1259
(iii) consumed;
1260
(m) amounts paid or charged for a sale:
1261
(i)(A) of a product transferred electronically; or
1262
(B) of a repair or renovation of a product transferred electronically; and
1263
(ii) regardless of whether the sale provides:
1264
(A) a right of permanent use of the product; or
1265
(B) a right to use the product that is less than a permanent use, including a right:
1266
(I) for a definite or specified length of time; and
1267
(II) that terminates upon the occurrence of a condition; and
1268
(n) sales of leased tangible personal property from the lessor to the lessee made in the
1269
state.
1270
(2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
1271
are imposed on a transaction described in Subsection (1) equal to the sum of:
1272
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1273
(A) 4.70% plus the rate specified in Subsection (11)(a); and
1274
(B)(I) the tax rate the state imposes in accordance with Part 18, Additional
1275
State Sales and Use Tax Act, if the location of the transaction as determined
1276
under Sections 59-12-211 through 59-12-215 is in a county in which the
1277
state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
1278
and
1279
(II) the tax rate the state imposes in accordance with Part 20, Supplemental
1280
State Sales and Use Tax Act, if the location of the transaction as determined
1281
under Sections 59-12-211 through 59-12-215 is in a city, town, or the
1282
unincorporated area of a county in which the state imposes the tax under
1283
Part 20, Supplemental State Sales and Use Tax Act; and
1284
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
- 38 - 01-16 15:32 H.B. 253
1285
transaction under this chapter other than this part.
1286
(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
1287
tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
1288
to the sum of:
1289
(i) a state tax imposed on the transaction at a tax rate of 2%; and
1290
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1291
transaction under this chapter other than this part.
1292
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
1293
on amounts paid or charged for food and food ingredients equal to the sum of:
1294
(i) a state tax imposed on the amounts paid or charged for food and food ingredients
1295
at a tax rate of 1.75%; and
1296
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1297
amounts paid or charged for food and food ingredients under this chapter other
1298
than this part.
1299
(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
1300
or charged for fuel to a common carrier that is a railroad for use in a locomotive
1301
engine at a rate of 4.85%.
1302
(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
1303
prescribed by the commission, that the shared vehicle is an individual-owned
1304
shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
1305
car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
1306
owner.
1307
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
1308
required once during the time that the shared vehicle owner owns the shared
1309
vehicle.
1310
(C) The commission shall verify that a shared vehicle is an individual-owned
1311
shared vehicle by verifying that the applicable Utah taxes imposed under this
1312
chapter were paid on the purchase of the shared vehicle.
1313
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
1314
individual-owned shared vehicle shared through a car-sharing program even if
1315
non-certified shared vehicles are also available to be shared through the same
1316
car-sharing program.
1317
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
1318
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
- 39 - H.B. 253 01-16 15:32
1319
representation that the shared vehicle is an individual-owned shared vehicle
1320
certified with the commission as described in Subsection (2)(e)(i).
1321
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
1322
representation that the shared vehicle is an individual-owned shared vehicle
1323
certified with the commission as described in Subsection (2)(e)(i), the
1324
car-sharing program is not liable for any tax, penalty, fee, or other sanction
1325
imposed on the shared vehicle owner.
1326
(iv) If all shared vehicles shared through a car-sharing program are certified as
1327
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
1328
no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
1329
period.
1330
(v) A car-sharing program is not required to list or otherwise identify an
1331
individual-owned shared vehicle on a return or an attachment to a return.
1332
(vi) A car-sharing program shall:
1333
(A) retain tax information for each car-sharing program transaction; and
1334
(B) provide the information described in Subsection (2)(e)(vi)(A) to the
1335
commission at the commission's request.
1336
(f)(i) For a bundled transaction that is attributable to food and food ingredients and
1337
tangible personal property other than food and food ingredients, a state tax and a
1338
local tax is imposed on the entire bundled transaction equal to the sum of:
1339
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
1340
(I) the tax rate described in Subsection (2)(a)(i)(A); and
1341
(II)(Aa) the tax rate the state imposes in accordance with Part 18,
1342
Additional State Sales and Use Tax Act, if the location of the transaction
1343
as determined under Sections 59-12-211 through 59-12-215 is in a
1344
county in which the state imposes the tax under Part 18, Additional State
1345
Sales and Use Tax Act; and
1346
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
1347
State Sales and Use Tax Act, if the location of the transaction as
1348
determined under Sections 59-12-211 through 59-12-215 is in a city,
1349
town, or the unincorporated area of a county in which the state imposes
1350
the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1351
(B) a local tax imposed on the entire bundled transaction at the sum of the tax
1352
rates described in Subsection (2)(a)(ii).
- 40 - 01-16 15:32 H.B. 253
1353
(ii) If an optional computer software maintenance contract is a bundled transaction
1354
that consists of taxable and nontaxable products that are not separately itemized
1355
on an invoice or similar billing document, the purchase of the optional computer
1356
software maintenance contract is 40% taxable under this chapter and 60%
1357
nontaxable under this chapter.
1358
(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
1359
transaction described in Subsection (2)(f)(i) or (ii):
1360
(A) if the sales price of the bundled transaction is attributable to tangible personal
1361
property, a product, or a service that is subject to taxation under this chapter
1362
and tangible personal property, a product, or service that is not subject to
1363
taxation under this chapter, the entire bundled transaction is subject to taxation
1364
under this chapter unless:
1365
(I) the seller is able to identify by reasonable and verifiable standards the
1366
tangible personal property, product, or service that is not subject to taxation
1367
under this chapter from the books and records the seller keeps in the seller's
1368
regular course of business; or
1369
(II) state or federal law provides otherwise; or
1370
(B) if the sales price of a bundled transaction is attributable to two or more items
1371
of tangible personal property, products, or services that are subject to taxation
1372
under this chapter at different rates, the entire bundled transaction is subject to
1373
taxation under this chapter at the higher tax rate unless:
1374
(I) the seller is able to identify by reasonable and verifiable standards the
1375
tangible personal property, product, or service that is subject to taxation
1376
under this chapter at the lower tax rate from the books and records the seller
1377
keeps in the seller's regular course of business; or
1378
(II) state or federal law provides otherwise.
1379
(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
1380
seller's regular course of business includes books and records the seller keeps in
1381
the regular course of business for nontax purposes.
1382
(g)(i) Except as otherwise provided in this chapter and subject to Subsections
1383
(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
1384
personal property, a product, or a service that is subject to taxation under this
1385
chapter, and the sale, lease, or rental of tangible personal property, other property,
1386
a product, or a service that is not subject to taxation under this chapter, the entire
- 41 - H.B. 253 01-16 15:32
1387
transaction is subject to taxation under this chapter unless the seller, at the time of
1388
the transaction:
1389
(A) separately states the portion of the transaction that is not subject to taxation
1390
under this chapter on an invoice, bill of sale, or similar document provided to
1391
the purchaser; or
1392
(B) is able to identify by reasonable and verifiable standards, from the books and
1393
records the seller keeps in the seller's regular course of business, the portion of
1394
the transaction that is not subject to taxation under this chapter.
1395
(ii) A purchaser and a seller may correct the taxability of a transaction if:
1396
(A) after the transaction occurs, the purchaser and the seller discover that the
1397
portion of the transaction that is not subject to taxation under this chapter was
1398
not separately stated on an invoice, bill of sale, or similar document provided
1399
to the purchaser because of an error or ignorance of the law; and
1400
(B) the seller is able to identify by reasonable and verifiable standards, from the
1401
books and records the seller keeps in the seller's regular course of business, the
1402
portion of the transaction that is not subject to taxation under this chapter.
1403
(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
1404
keeps in the seller's regular course of business includes books and records the
1405
seller keeps in the regular course of business for nontax purposes.
1406
(h)(i) If the sales price of a transaction is attributable to two or more items of
1407
tangible personal property, products, or services that are subject to taxation under
1408
this chapter at different rates, the entire purchase is subject to taxation under this
1409
chapter at the higher tax rate unless the seller, at the time of the transaction:
1410
(A) separately states the items subject to taxation under this chapter at each of the
1411
different rates on an invoice, bill of sale, or similar document provided to the
1412
purchaser; or
1413
(B) is able to identify by reasonable and verifiable standards the tangible personal
1414
property, product, or service that is subject to taxation under this chapter at the
1415
lower tax rate from the books and records the seller keeps in the seller's regular
1416
course of business.
1417
(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
1418
seller's regular course of business includes books and records the seller keeps in
1419
the regular course of business for nontax purposes.
1420
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
- 42 - 01-16 15:32 H.B. 253
1421
imposed under the following shall take effect on the first day of a calendar quarter:
1422
(i) Subsection (2)(a)(i)(A);
1423
(ii) Subsection (2)(b)(i);
1424
(iii) Subsection (2)(c)(i); or
1425
(iv) Subsection (2)(f)(i)(A)(I).
1426
(j)(i) A tax rate increase takes effect on the first day of the first billing period that
1427
begins on or after the effective date of the tax rate increase if the billing period for
1428
the transaction begins before the effective date of a tax rate increase imposed
1429
under:
1430
(A) Subsection (2)(a)(i)(A);
1431
(B) Subsection (2)(b)(i);
1432
(C) Subsection (2)(c)(i); or
1433
(D) Subsection (2)(f)(i)(A)(I).
1434
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1435
statement for the billing period is rendered on or after the effective date of the
1436
repeal of the tax or the tax rate decrease imposed under:
1437
(A) Subsection (2)(a)(i)(A);
1438
(B) Subsection (2)(b)(i);
1439
(C) Subsection (2)(c)(i); or
1440
(D) Subsection (2)(f)(i)(A)(I).
1441
(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
1442
is computed on the basis of sales and use tax rates published in the catalogue, a
1443
tax rate repeal or change in a tax rate takes effect:
1444
(A) on the first day of a calendar quarter; and
1445
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
1446
change.
1447
(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
1448
(A) Subsection (2)(a)(i)(A);
1449
(B) Subsection (2)(b)(i);
1450
(C) Subsection (2)(c)(i); or
1451
(D) Subsection (2)(f)(i)(A)(I).
1452
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1453
the commission may by rule define the term "catalogue sale."
1454
(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall
- 43 - H.B. 253 01-16 15:32
1455
determine the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or
1456
other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil,
1457
or other fuel at the location.
1458
(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
1459
or other fuel is furnished through a single meter for two or more of the following
1460
uses:
1461
(A) a commercial use;
1462
(B) an industrial use; or
1463
(C) a residential use.
1464
(3)(a) The following state taxes shall be deposited into the General Fund:
1465
(i) the tax imposed by Subsection (2)(a)(i)(A);
1466
(ii) the tax imposed by Subsection (2)(b)(i);
1467
(iii) the tax imposed by Subsection (2)(c)(i); and
1468
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1469
(b) The following local taxes shall be distributed to a county, city, or town as provided
1470
in this chapter:
1471
(i) the tax imposed by Subsection (2)(a)(ii);
1472
(ii) the tax imposed by Subsection (2)(b)(ii);
1473
(iii) the tax imposed by Subsection (2)(c)(ii); and
1474
(iv) the tax imposed by Subsection (2)(f)(i)(B).
1475
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
1476
(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1477
2003, the lesser of the following amounts shall be expended as provided in
1478
Subsections (4)(b) through (g):
1479
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1480
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1481
(B) for the fiscal year; or
1482
(ii) $17,500,000.
1483
(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1484
described in Subsection (4)(a) shall be transferred each year as designated sales
1485
and use tax revenue to the Division of Wildlife Resources to:
1486
(A) implement the measures described in Subsections 23A-3-214(3)(a) through
1487
(d) to protect sensitive plant and animal species; or
1488
(B) award grants, up to the amount authorized by the Legislature in an
- 44 - 01-16 15:32 H.B. 253
1489
appropriations act, to political subdivisions of the state to implement the
1490
measures described in Subsections 23A-3-214(3)(a) through (d) to protect
1491
sensitive plant and animal species.
1492
(ii) Money transferred to the Division of Wildlife Resources under Subsection
1493
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
1494
any other person to list or attempt to have listed a species as threatened or
1495
endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
1496
seq.
1497
(iii) At the end of each fiscal year:
1498
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1499
the Water Resources Conservation and Development Fund created in Section
1500
73-10-24;
1501
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1502
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1503
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1504
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1505
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1506
Subsection (4)(a) shall be [deposited each year in the Agriculture Resource
1507
Development Fund created in Section 4-18-106] transferred each year as designated
1508
sales and use tax revenue to the Division of Conservation created in Section 4-46-401
1509
to implement water related programs.
1510
(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
1511
described in Subsection (4)(a) shall be transferred each year as designated sales
1512
and use tax revenue to the Division of Water Rights to cover the costs incurred in
1513
hiring legal and technical staff for the adjudication of water rights.
1514
(ii) At the end of each fiscal year:
1515
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1516
the Water Resources Conservation and Development Fund created in Section
1517
73-10-24;
1518
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1519
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1520
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1521
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1522
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
- 45 - H.B. 253 01-16 15:32
1523
described in Subsection (4)(a) shall be deposited into the Water Resources
1524
Conservation and Development Fund created in Section 73-10-24 for use by the
1525
Division of Water Resources.
1526
(ii) In addition to the uses allowed of the Water Resources Conservation and
1527
Development Fund under Section 73-10-24, the Water Resources Conservation
1528
and Development Fund may also be used to:
1529
(A) conduct hydrologic and geotechnical investigations by the Division of Water
1530
Resources in a cooperative effort with other state, federal, or local entities, for
1531
the purpose of quantifying surface and ground water resources and describing
1532
the hydrologic systems of an area in sufficient detail so as to enable local and
1533
state resource managers to plan for and accommodate growth in water use
1534
without jeopardizing the resource;
1535
(B) fund state required dam safety improvements; and
1536
(C) protect the state's interest in interstate water compact allocations, including the
1537
hiring of technical and legal staff.
1538
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
1539
Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
1540
Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
1541
wastewater projects.
1542
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1543
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
1544
Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
1545
(i) provide for the installation and repair of collection, treatment, storage, and
1546
distribution facilities for any public water system, as defined in Section 19-4-102;
1547
(ii) develop underground sources of water, including springs and wells; and
1548
(iii) develop surface water sources.
1549
(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1550
2006, the difference between the following amounts shall be expended as provided in
1551
this Subsection (5), if that difference is greater than $1:
1552
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
1553
the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
1554
and
1555
(ii) $17,500,000.
1556
(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
- 46 - 01-16 15:32 H.B. 253
1557
(A) transferred each fiscal year to the Department of Natural Resources as
1558
designated sales and use tax revenue; and
1559
(B) expended by the Department of Natural Resources for watershed rehabilitation
1560
or restoration.
1561
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1562
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
1563
Conservation and Development Fund created in Section 73-10-24.
1564
(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1565
remaining difference described in Subsection (5)(a) shall be:
1566
(A) transferred each fiscal year to the Division of Water Resources as designated
1567
sales and use tax revenue; and
1568
(B) expended by the Division of Water Resources for cloud-seeding projects
1569
authorized by Title 73, Chapter 15, Modification of Weather.
1570
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1571
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
1572
Conservation and Development Fund created in Section 73-10-24.
1573
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
1574
remaining difference described in Subsection (5)(a) shall be deposited into the Water
1575
Resources Conservation and Development Fund created in Section 73-10-24 for use
1576
by the Division of Water Resources for:
1577
(i) preconstruction costs:
1578
(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
1579
Chapter 26, Bear River Development Act; and
1580
(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
1581
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1582
(ii) the cost of employing a civil engineer to oversee any project authorized by Title
1583
73, Chapter 26, Bear River Development Act;
1584
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
1585
project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
1586
Act; and
1587
(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
1588
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
1589
through (iii).
1590
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
- 47 - H.B. 253 01-16 15:32
1591
remaining difference described in Subsection (5)(a) shall be deposited each year into
1592
the Water Rights Restricted Account created by Section 73-2-1.6.
1593
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
1594
fiscal year, the commission shall deposit into the Water Infrastructure Restricted
1595
Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
1596
rate on the transactions described in Subsection (1) for the fiscal year.
1597
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
1598
for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
1599
the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
1600
the taxes listed under Subsection (3)(a) equal to 17% of the revenue collected from
1601
the following sales and use taxes:
1602
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1603
(ii) the tax imposed by Subsection (2)(b)(i);
1604
(iii) the tax imposed by Subsection (2)(c)(i); and
1605
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1606
(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1607
annually reduce the deposit under Subsection (7)(a) into the Transportation
1608
Investment Fund of 2005 by an amount equal to .44% of the revenue collected
1609
from the following sales and use taxes:
1610
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1611
(B) the tax imposed by Subsection (2)(b)(i);
1612
(C) the tax imposed by Subsection (2)(c)(i); and
1613
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1614
(ii) The commission shall annually deposit the amount described in Subsection
1615
(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
1616
Section 72-2-124.
1617
(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
1618
2023, the commission shall annually reduce the deposit into the Transportation
1619
Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
1620
equal to 5% of:
1621
(A) the amount of revenue generated in the current fiscal year by the portion of
1622
taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
1623
collected from taxes described in Subsections (7)(a)(i) through (iv);
1624
(B) the amount of revenue generated in the current fiscal year by registration fees
- 48 - 01-16 15:32 H.B. 253
1625
designated under Section 41-1a-1201 to be deposited into the Transportation
1626
Investment Fund of 2005; and
1627
(C) revenue transferred by the Division of Finance to the Transportation
1628
Investment Fund of 2005 in accordance with Section 72-2-106 in the current
1629
fiscal year.
1630
(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
1631
given fiscal year.
1632
(iii) The commission shall annually deposit the amount described in Subsection
1633
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
1634
72-2-124(11).
1635
(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1636
annually reduce the deposit into the Transportation Investment Fund of 2005
1637
under this Subsection (7) by an amount that is equal to 1% of the revenue
1638
collected from the following sales and use taxes:
1639
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1640
(B) the tax imposed by Subsection (2)(b)(i);
1641
(C) the tax imposed by Subsection (2)(c)(i); and
1642
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1643
(ii) The commission shall annually deposit the amount described in Subsection
1644
(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
1645
(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
1646
Subsection (7), and subject to Subsections (8)(b)[ and (d)(ii)], for a fiscal year
1647
beginning on or after July 1, 2018, the commission shall annually deposit into the
1648
Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the
1649
taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the revenue
1650
collected from the following taxes:
1651
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1652
(ii) the tax imposed by Subsection (2)(b)(i);
1653
(iii) the tax imposed by Subsection (2)(c)(i); and
1654
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1655
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
1656
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
1657
(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
1658
current fiscal year by the portion of the tax imposed on motor and special fuel that is
- 49 - H.B. 253 01-16 15:32
1659
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
1660
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
1661
into the Transit Transportation Investment Fund created in Section 72-2-124.
1662
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1663
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
1664
Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
1665
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
1666
year during which the commission receives notice under Section 63N-2-510 that
1667
construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
1668
commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
1669
revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
1670
Mitigation Fund, created in Section 63N-2-512.
1671
(11)(a) The rate specified in this subsection is 0.15%.
1672
(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
1673
on or after July 1, 2019, annually transfer the amount of revenue collected from the
1674
rate described in Subsection (11)(a) on the transactions that are subject to the sales
1675
and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
1676
Section 26B-1-315.
1677
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1678
2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
1679
credit solely for use of the Search and Rescue Financial Assistance Program created in,
1680
and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
1681
(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
1682
annually transfer $1,813,400 of the revenue deposited into the Transportation
1683
Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.
1684
(b) If the total revenue deposited into the Transportation Investment Fund of 2005 under
1685
Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
1686
transfer the total revenue deposited into the Transportation Investment Fund of 2005
1687
under Subsections (7) and (8) during the fiscal year to the General Fund.
1688
(14) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610, beginning
1689
the first day of the calendar quarter one year after the sales and use tax boundary for a
1690
housing and transit reinvestment zone is established, the commission, at least annually,
1691
shall transfer an amount equal to 15% of the sales and use tax increment within an
1692
established sales and use tax boundary, as defined in Section 63N-3-602, into the Transit
- 50 - 01-16 15:32 H.B. 253
1693
Transportation Investment Fund created in Section 72-2-124.
1694
(15) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
1695
on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure Restricted
1696
Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
1697
(3)(a) equal to 1% of the revenue collected from the following sales and use taxes:
1698
(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1699
(b) the tax imposed by Subsection (2)(b)(i);
1700
(c) the tax imposed by Subsection (2)(c)(i); and
1701
(d) the tax imposed by Subsection (2)(f)(i)(A)(I).
1702
(16) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission shall
1703
transfer to the Utah Fairpark Area Investment and Restoration District, created in
1704
Section 11-70-201, the revenue from the sales and use tax imposed by Subsection
1705
(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as
1706
defined in Section 11-70-101.
1707
(17)(a) As used in this Subsection (17):
1708
(i) "Additional land" means point of the mountain state land described in Subsection
1709
11-59-102(6)(b) that the point of the mountain authority acquires after the point of
1710
the mountain authority provides the commission a map under Subsection (17)(c).
1711
(ii) "Point of the mountain authority" means the Point of the Mountain State Land
1712
Authority, created in Section 11-59-201.
1713
(iii) "Point of the mountain state land" means the same as that term is defined in
1714
Section 11-59-102.
1715
(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the
1716
mountain authority 50% of the revenue from the sales and use tax imposed by
1717
Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the
1718
mountain state land.
1719
(c) The distribution under Subsection (17)(b) shall begin the next calendar quarter that
1720
begins at least 90 days after the point of the mountain authority provides the
1721
commission a map that:
1722
(i) accurately describes the point of the mountain state land; and
1723
(ii) the point of the mountain authority certifies as accurate.
1724
(d) A distribution under Subsection (17)(b) with respect to additional land shall begin
1725
the next calendar quarter that begins at least 90 days after the point of the mountain
1726
authority provides the commission a map of point of the mountain state land that:
- 51 - H.B. 253 01-16 15:32
1727
(i) accurately describes the point of the mountain state land, including the additional
1728
land; and
1729
(ii) the point of the mountain authority certifies as accurate.
1730
(e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue
1731
distributed to the point of the mountain authority under Subsection (17)(b), the
1732
point of the mountain authority shall immediately notify the commission in
1733
writing that the bonds are paid in full.
1734
(ii) The commission shall discontinue distributions of sales and use tax revenue under
1735
Subsection (17)(b) at the beginning of the calendar quarter that begins at least 90
1736
days after the date that the commission receives the written notice under
1737
Subsection (17)(e)(i).
1738
Section 33. Section 63J-1-602.2 is amended to read:
1739
63J-1-602.2 . List of nonlapsing appropriations to programs.
1740
Appropriations made to the following programs are nonlapsing:
1741
(1) The Legislature and the Legislature's committees.
1742
(2) The State Board of Education, including all appropriations to agencies, line items, and
1743
programs under the jurisdiction of the State Board of Education, in accordance with
1744
Section 53F-9-103.
1745
(3) The Rangeland Improvement Act created in Section 4-20-101.
1746
(4) The Percent-for-Art Program created in Section 9-6-404.
1747
(5) The LeRay McAllister Working Farm and Ranch Fund Program created in [Section
1748
4-46-301] Title 4, Chapter 46, Part 3, LeRay McAllister Working Farm and Ranch Fund
1749
Program.
1750
(6) The Utah Lake Authority created in Section 11-65-201.
1751
(7) Dedicated credits accrued to the Utah Marriage Commission as provided under
1752
Subsection 17-16-21(2)(d)(ii).
1753
(8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
1754
(9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
1755
26B-3-108(7).
1756
(10) The primary care grant program created in Section 26B-4-310.
1757
(11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
1758
(12) The Utah Health Care Workforce Financial Assistance Program created in Section
1759
26B-4-702.
1760
(13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
- 52 - 01-16 15:32 H.B. 253
1761
(14) The Utah Medical Education Council for the:
1762
(a) administration of the Utah Medical Education Program created in Section 26B-4-707;
1763
(b) provision of medical residency grants described in Section 26B-4-711; and
1764
(c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712.
1765
(15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402.
1766
(16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
1767
created in Section 26B-7-122.
1768
(17) Funds that the Department of Alcoholic Beverage Services retains in accordance with
1769
Subsection 32B-2-301(8)(a) or (b).
1770
(18) The General Assistance program administered by the Department of Workforce
1771
Services, as provided in Section 35A-3-401.
1772
(19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
1773
(20) The Search and Rescue Financial Assistance Program, as provided in Section
1774
53-2a-1102.
1775
(21) The Emergency Medical Services Grant Program in Section 53-2d-207.
1776
(22) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1777
(23) The Utah Board of Higher Education for teacher preparation programs, as provided in
1778
Section 53B-6-104.
1779
(24) Innovation grants under Section 53G-10-608, except as provided in Subsection
1780
53G-10-608(6).
1781
(25) The Division of Fleet Operations for the purpose of upgrading underground storage
1782
tanks under Section 63A-9-401.
1783
(26) The Division of Technology Services for technology innovation as provided under
1784
Section 63A-16-903.
1785
(27) The State Capitol Preservation Board created by Section 63O-2-201.
1786
(28) The Office of Administrative Rules for publishing, as provided in Section 63G-3-402.
1787
(29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado
1788
River Authority of Utah Act.
1789
(30) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
1790
provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1791
(31) The Governor's Office of Economic Opportunity's Rural Employment Expansion
1792
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion
1793
Program.
1794
(32) County correctional facility contracting program for state inmates as described in
- 53 - H.B. 253 01-16 15:32
1795
Section 64-13e-103.
1796
(33) County correctional facility reimbursement program for state probationary inmates and
1797
state parole inmates as described in Section 64-13e-104.
1798
(34) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
1799
(35) The Division of Human Resource Management user training program, as provided in
1800
Section 63A-17-106.
1801
(36) A public safety answering point's emergency telecommunications service fund, as
1802
provided in Section 69-2-301.
1803
(37) The Traffic Noise Abatement Program created in Section 72-6-112.
1804
(38) The money appropriated from the Navajo Water Rights Negotiation Account to the
1805
Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
1806
settlement of federal reserved water right claims.
1807
(39) The Judicial Council for compensation for special prosecutors, as provided in Section
1808
77-10a-19.
1809
(40) A state rehabilitative employment program, as provided in Section 78A-6-210.
1810
(41) The Utah Geological Survey, as provided in Section 79-3-401.
1811
(42) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1812
(43) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
1813
78B-6-144.5.
1814
(44) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense
1815
Commission.
1816
(45) The program established by the Division of Facilities Construction and Management
1817
under Section 63A-5b-703 under which state agencies receive an appropriation and pay
1818
lease payments for the use and occupancy of buildings owned by the Division of
1819
Facilities Construction and Management.
1820
(46) The State Tax Commission for reimbursing counties for deferrals in accordance with
1821
Section 59-2-1802.5.
1822
(47) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
1823
Section 34. Section 73-10g-205 is amended to read:
1824
73-10g-205 . Agricultural Water Optimization Committee.
1825
(1) There is created in the department a committee known as the "Agricultural Water
1826
Optimization Committee" that consists of:
1827
(a) the commissioner of the department, or the commissioner's designee;
1828
(b) the director of the division, or the director's designee;
- 54 - 01-16 15:32 H.B. 253
1829
(c) the director of the Division of Water Rights, or the director's designee;
1830
(d) the dean of the College of Agriculture and Applied Science from Utah State
1831
University, or the dean's designee;
1832
(e) one individual representing local conservation districts created by Title 17D, Chapter
1833
3, Conservation District Act, appointed by the executive director of the Department
1834
of Natural Resources;
1835
(f) one individual representing water conservancy districts, appointed by the executive
1836
director of the Department of Natural Resources; and
1837
(g) three Utah residents representing the interests of the agriculture industry appointed
1838
by the executive director of the Department of Natural Resources.
1839
(2)(a) An individual appointed under Subsection (1) shall serve for a term of four years.
1840
(b) Notwithstanding the requirements of Subsection (2)(a), the executive director of the
1841
Department of Natural Resources shall, at the time of appointment or reappointment,
1842
adjust the length of terms to ensure that the terms of appointed members are
1843
staggered so that approximately half of the appointed members are appointed every
1844
two years.
1845
(3)(a) The presence of five members constitutes a quorum.
1846
(b) The vote of five members constitutes the transaction of business by the committee.
1847
(c) The committee shall select one of the committee's members to be chair. The
1848
committee may select a member to be vice chair to act in place of the chair:
1849
(i) during the absence or disability of the chair; or
1850
(ii) as requested by the chair.
1851
(d) The committee shall convene at the times and places prescribed by the chair.
1852
(4) A member may not receive compensation or benefits for the member's service, but may
1853
receive per diem and travel expenses in accordance with:
1854
(a) Section 63A-3-106;
1855
(b) Section 63A-3-107; and
1856
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1857
63A-3-107.
1858
(5) The department shall provide administrative support to the committee.
1859
(6) The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah
1860
Administrative Rulemaking Act, establishing:
1861
(a) eligibility requirements for a grant issued under Section 73-10g-206, except that the
1862
eligibility requirements shall:
- 55 - H.B. 253 01-16 15:32
1863
(i) require at least a match for grant money of 50% of the total costs, except that for a
1864
grant application filed on or after January 1, 2024, the eligibility requirements
1865
shall require at least a match of 25% of the total costs for:
1866
(A) a subsurface drip [or automated surge ]irrigation project;
1867
(B) an automated surge irrigation project; or
1868
(C) a measurement, telemetry, or reporting project;
1869
(ii) consider the statewide need to distribute grant money;
1870
(iii) require a grant recipient to construct or install and maintain one or more
1871
measuring devices as necessary to comply with Section 73-5-4 and rules adopted
1872
by the Division of Water Rights regarding installation, use, and maintenance of
1873
devices to measure water use and to demonstrate water use in accordance with a
1874
project funded by a grant; and
1875
(iv) require a grant recipient to report water diversion and use measurements to the
1876
state engineer pursuant to Section 73-5-4 and rules made by the state engineer, in
1877
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
1878
water measurement and reporting;
1879
(b) the process for applying for a grant issued under Section 73-10g-206; and
1880
(c) preliminary screening criteria to be used by the department under Subsection
1881
73-10g-206(2)(d).
1882
(7) The committee shall, in coordination with the division:
1883
(a) as of July 1, 2023, assume oversight of all remaining research and contracts of the
1884
previous Agricultural Water Optimization Task Force activities;
1885
(b) post research to address and account for farm economics at the enterprise and
1886
community level that affects agricultural water optimization and encourage market
1887
behavior that financially rewards agricultural water optimization practices;
1888
(c) oversee research to identify obstacles to and constraints upon optimization of
1889
agricultural water use, and to recommend management tools, technologies, and other
1890
opportunities to optimize agricultural water use as measured at the basin level; and
1891
(d) facilitate benefits for farmers who optimize water use and protect water quality.
1892
(8) The committee shall comply with Section 73-10g-206 related to grants issued under this
1893
part.
1894
Section 35. Repealer.
1895
This bill repeals:
1896
Section 4-13-101, Title.
- 56 - 01-16 15:32 H.B. 253
1897
Section 4-18-107, Utah Agriculture Certificate of Environmental Stewardship Program.
1898
Section 19-5-105.6, Agriculture Certificate of Environmental Stewardship.
1899
Section 36. Effective Date.
1900
This bill takes effect on May 7, 2025.
- 57 -