Enrolled Copy H.B. 253
1
Agriculture and Food Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Don L. Ipson
2
3
LONG TITLE
4
General Description:
5
This bill addresses issues related to the regulation, oversight, or encouragement of
6
agriculture and food.
7
Highlighted Provisions:
8
This bill:
9
▸ modifies the definition of "qualified veterinarian";
10
▸ changes references to the National Council on Weights and Measures;
11
▸ changes the Utah Fertilizer Act to the Utah Plant Food Act, including modifying
12
definitions and making conforming references;
13
▸ repeals the Utah Agriculture Certificate of Environmental Stewardship Program;
14
▸ changes the time frames for annual fees under the Agricultural and Wildlife Damage
15
Prevention Act;
16
▸ addresses the expiration of livestock brands;
17
▸ modifies information to be provided to operate a livestock market;
18
▸ amends the Domesticated Elk Act to address licensing, record retention, health
19
information, and marking of domesticated elk;
20
▸ clarifies that money in the LeRay McAllister Working Farm and Ranch Fund Program is
21
nonlapsing;
22
▸ changes the Agriculture Conservation Easement Account to an expendable special
23
revenue fund;
24
▸ addresses use of money in the Agriculture Resource Development Fund to pay
25
administrative costs;
26
▸ addresses regulation of livestock by political subdivisions;
27
▸ modifies the earmarking of sales and use taxes related to the Division of Conservation H.B. 253 Enrolled Copy
28
within the Department of Agriculture and Food;
29
▸ addresses grants under the agricultural water optimization program; and
30
▸ makes technical and conforming changes.
31
Money Appropriated in this Bill:
32
None
33
Other Special Clauses:
34
None
35
Utah Code Sections Affected:
36
AMENDS:
37
3-1-4, as last amended by Laws of Utah 2010, Chapter 324
38
4-2-305, as enacted by Laws of Utah 2017, Chapter 86 and last amended by
39
Coordination Clause, Laws of Utah 2017, Chapter 345
40
4-2-901, as last amended by Laws of Utah 2024, Chapter 91
41
4-9-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
42
4-9-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
43
4-9-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
44
4-9-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
45
4-13-102, as last amended by Laws of Utah 2023, Chapter 528
46
4-13-103, as last amended by Laws of Utah 2020, Chapter 311
47
4-13-104, as last amended by Laws of Utah 2020, Chapter 311
48
4-13-105, as last amended by Laws of Utah 2020, Chapter 311
49
4-13-106, as last amended by Laws of Utah 2020, Chapter 311
50
4-13-108, as last amended by Laws of Utah 2020, Chapter 311
51
4-13-109, as last amended by Laws of Utah 2020, Chapter 311
52
4-13-110, as enacted by Laws of Utah 2020, Chapter 311
53
4-18-102, as last amended by Laws of Utah 2022, Chapter 68
54
4-18-103, as last amended by Laws of Utah 2023, Chapter 144
55
4-18-106, as last amended by Laws of Utah 2023, Chapters 126, 144
56
4-23-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
57
4-24-202, as last amended by Laws of Utah 2022, Chapter 79
58
4-30-105, as last amended by Laws of Utah 2020, Chapter 154
59
4-39-203, as last amended by Laws of Utah 2017, Chapter 345
60
4-39-205, as last amended by Laws of Utah 2018, Chapter 355
61
4-39-206, as last amended by Laws of Utah 2017, Chapter 345
- 2 - Enrolled Copy H.B. 253
62
4-39-301, as last amended by Laws of Utah 2017, Chapter 345
63
4-39-303, as last amended by Laws of Utah 2024, Chapter 71
64
4-39-304, as last amended by Laws of Utah 2018, Chapter 355
65
4-41a-204, as last amended by Laws of Utah 2023, Chapter 327
66
4-46-302, as last amended by Laws of Utah 2024, Chapter 59
67
4-46-304, as enacted by Laws of Utah 2023, Chapter 528
68
10-11-1, as last amended by Laws of Utah 2022, Chapter 432
69
59-12-103, as last amended by Laws of Utah 2024, Chapters 88, 501
70
63J-1-602.2, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467
71
73-10g-205, as last amended by Laws of Utah 2024, Chapter 233
72
ENACTS:
73
11-46b-101, Utah Code Annotated 1953
74
11-46b-102, Utah Code Annotated 1953
75
REPEALS:
76
4-13-101, as renumbered and amended by Laws of Utah 2017, Chapter 345
77
4-18-107, as last amended by Laws of Utah 2017, Chapter 345
78
19-5-105.6, as enacted by Laws of Utah 2014, Chapter 383
79
80
Be it enacted by the Legislature of the state of Utah:
81
Section 1. Section 3-1-4 is amended to read:
82
3-1-4 . Purposes.
83
Such association may be organized for the purpose of engaging in any cooperative
84
activity for producers of agricultural products in connection with:
85
(1) producing, assembling, marketing, buying or selling agricultural products, or harvesting,
86
preserving, drying, processing, manufacturing, blending, canning, packing, ginning,
87
grading, storing, warehousing, handling, shipping, or utilizing such products, or
88
manufacturing or marketing the by-products thereof;
89
(2) seed and crop improvement, and soil conservation and rehabilitation;
90
(3) manufacturing, buying or supplying to its members and others, machinery, equipment,
91
feed, [fertilizer] plant food, coal, gasoline and other fuels, oils and other lubricants,
92
seeds, and all other agricultural and household supplies;
93
(4) generating and distributing electrical energy and furnishing telephone service to its
94
members and others;
95
(5) performing or furnishing business or educational services, on a co-operative basis, for or
- 3 - H.B. 253 Enrolled Copy
96
to its members; or
97
(6) financing any of the above enumerated activities.
98
Section 2. Section 4-2-305 is amended to read:
99
4-2-305 . Preemption.
100
(1) Subject to concurrence with relevant federal laws and except as provided in Subsection
101
(4), the department has exclusive jurisdiction over regulation regarding:
102
(a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;
103
(b) fertilizer, as described in [Chapter 13, Utah Fertilizer Act] Chapter 13, Utah Plant
104
Food Act;
105
(c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and
106
(d) seeds, as described in Chapter 16, Utah Seed Act.
107
(2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of
108
statewide concern, except as provided in Subsection (4), and this title occupies the
109
whole field of potential regulation.
110
(3) Except as provided in Subsection (4), a political subdivision of the state is prohibited
111
from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances,
112
resolutions, amendments, regulations, or laws that seek to do so are void.
113
(4) Nothing in this section preempts or otherwise limits the authority of a political
114
subdivision to:
115
(a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal
116
restrictions; or
117
(b) in consultation with the department, enforce, maintain, amend, or otherwise continue
118
to implement a regulation created on or before January 1, 2017, related to the use of
119
pesticides and fertilizers in surface water and groundwater source water protection
120
areas.
121
Section 3. Section 4-2-901 is amended to read:
122
4-2-901 . Definitions.
123
As used in this part:
124
(1) "Animal shelter" means the same as that term is defined in Section 11-46-102.
125
(2) "Education loan" means a loan received for education at a domestic or foreign
126
institution of higher education, including a school or college of veterinary medicine.
127
(3) "Education loan balance" includes charges for paying off the balance of the loan.
128
(4) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
129
(5) "Livestock" means the same as that term is defined in Section 4-1-109.
- 4 - Enrolled Copy H.B. 253
130
(6) "Loan" means a loan that is made directly by, insured by, or guaranteed under a
131
government program of:
132
(a) a state;
133
(b) the United States; or
134
(c) a foreign government.
135
(7) "Maximum payment value" means the lesser of:
136
(a) the sum of a qualified veterinarian's education loan balances; or
137
(b) $20,000.
138
(8) "Program" means the Veterinarian Education Loan Repayment Program created in
139
Section 4-2-902.
140
(9) "Qualified veterinarian" means a veterinarian who has practiced, as defined by rule
141
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
142
a veterinarian:
143
(a) in an area of the state that is Indian country;
144
(b) in an animal shelter within the state operated by:
145
(i) a county;
146
(ii) a municipality; or
147
(iii) an organization that is exempt from federal income taxation under Section
148
501(c)(3), Internal Revenue Code;
149
(c) in any area of the state as an employee of the department;
150
(d) in any combination of the [places] areas described in Subsections (9)(a) through (c);
151
or
152
(e) with a practice that includes:
153
(i) [ ]at least 30% livestock medicine[.] ; or
154
(ii) at least 20% livestock medicine if the veterinarian practices at least 10% in any
155
combination of the areas described in Subsection (9)(a) through (c).
156
(10) "Veterinarian" means an individual licensed under Title 58, Chapter 28, Veterinary
157
Practice Act.
158
Section 4. Section 4-9-106 is amended to read:
159
4-9-106 . Weights and measures -- Specifications, tolerances, and technical data
160
published in National Institute of Standards and Technology Handbook govern.
161
Unless modified by the department, Handbook 44, Specifications, Tolerances, and Other
162
Technical Requirements for Weighing and Measuring Devices, National Institute of Standards
163
and Technology, adopted by the National [Conference] Council on Weights and Measures,
- 5 - H.B. 253 Enrolled Copy
164
including supplements or revisions to Handbook 44, shall determine the specifications,
165
tolerances, and other technical requirements for devices used for:
166
(1) commercial weighing and measuring;
167
(2) law enforcement;
168
(3) data gathering; and
169
(4) other weighing and measuring purposes.
170
Section 5. Section 4-9-107 is amended to read:
171
4-9-107 . Adopting uniform packaging and labeling regulation.
172
Unless modified by the department, the Uniform Packaging and Labeling Regulation,
173
adopted by the National [Conference] Council on Weights and Measures in Handbook 130,
174
Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
175
National Institute of Standards and Technology, shall apply to packaging and labeling in the
176
state.
177
Section 6. Section 4-9-108 is amended to read:
178
4-9-108 . Adopting uniform regulation for the method of sale of commodities.
179
Unless modified by the department, the Uniform Regulation for the Method of Sale of
180
Commodities, adopted by the National [Conference] Council on Weights and Measures, in
181
Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
182
Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale
183
of commodities in the state.
184
Section 7. Section 4-9-109 is amended to read:
185
4-9-109 . Adopting uniform regulation for the voluntary registration of
186
servicepersons and service agencies for commercial weighing and measuring devices.
187
Unless modified by the department, the Uniform Regulation for the Voluntary
188
Registration of Servicepersons and Service Agencies for Commercial Weighing and
189
Measuring Devices, adopted by the National [Conference] Council on Weights and Measures
190
in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
191
Fuel Quality, National Institute of Standards and Technology, shall apply to the registration of
192
servicepersons and service agencies in the state.
193
Section 8. Section 4-13-102 is amended to read:
194
CHAPTER 13. UTAH PLANT FOOD ACT
195
4-13-102 . Definitions.
196
As used in this chapter:
197
(1) "Adulterated[ fertilizer]" means [a fertilizer or soil amendment that] a plant food that:
- 6 - Enrolled Copy H.B. 253
198
(a) contains a deleterious or harmful substance in sufficient amount to render it injurious
199
to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in
200
accordance with the directions for use on the label;
201
(b) has a composition that falls below or differs from that which the composition is
202
purported to possess by the composition's labeling;
203
(c) contains unwanted crop or weed seed; or
204
(d) exceeds levels of metals permitted by the United States Environmental Protection
205
Agency.
206
(2) "Beneficial [substances or compounds" means a substance or compound other than
207
primary, secondary, and micro plant nutrients that can be demonstrated by scientific
208
research to be beneficial to one or more species of plants when applied exogenously]
209
substance" means a substance or compound, other than a primary nutrient, secondary
210
nutrient, or micro plant nutrient, and excluding a pesticide, that can be demonstrated by
211
scientific research to be beneficial to one or more species of plants, soil, or media.
212
[(3) "Biostimulant" means a product containing naturally-occurring substances and
213
microbes that are used to stimulate plant growth, enhance resistance to plant pests, and
214
reduce abiotic stress.]
215
[(4)] (3) "Blender" means a person engaged in the business of blending or mixing [fertilizer,
216
soil amendments, or both] plant food.
217
[(5)] (4) "Brand" means a term, design, or trade mark used in connection with one or several
218
grades of [fertilizer or soil amendment] plant food.
219
[(6)] (5) "Bulk[ fertilizer]" means [fertilizer delivered to the purchaser either in solid or
220
liquid state in a non-packaged form to which a label cannot be attached] plant food
221
delivered to a purchaser in a non-packaged form.
222
[(7)] (6) "Custom blend" means a [fertilizer] plant food blended according to specification
223
provided to a blender in a soil test nutrient recommendation or to meet the specific
224
consumer request before blending.
225
[(8)] (7) "Deficiency" means the amount of nutrient found by analysis to be less than that
226
guaranteed.
227
[(9)] (8) "Derivation" means the source from which the guaranteed nutrients are derived.
228
[(10)] (9) "Distribute" means to [import, consign, manufacture, produce, compound, mix,
229
blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state]
230
offer for sale, sell, exchange, or barter plant food.
231
[(11)] (10) "Distributor" means a person who distributes.
- 7 - H.B. 253 Enrolled Copy
232
[(12)] (11) "Fertilizer" means a substance that contains one or more recognized plant
233
nutrients that is used for the substance's plant nutrient content and is designed for use or
234
claimed to have value in promoting plant growth, exclusive of unmanipulated animal
235
and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products
236
exempted by rule.
237
[(13)] (12) "Fertilizer material" means a fertilizer that contains:
238
(a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate
239
(P2O5), Potash (K2O);
240
(b) 85% plant nutrients in the form of a single chemical compound; or
241
(c) plant or animal residues or by-products, or a natural material deposit that is
242
processed so that its primary plant nutrients have not been materially changed, except
243
through purification and concentration.
244
[(14)] (13) "Grade" means the percentage of total nitrogen, available phosphate and soluble
245
potash stated in the same terms, order, and percentages as in the guaranteed analysis.
246
[(15)] (14)(a) "Guaranteed analysis" means the minimum percentage by weight of plant
247
nutrients claimed in the following order and form:
248
249 Total Nitrogen (N) ____ percent250
Available Phosphate (P2O5) ____ percent
251
Soluble Potash (K2O) ____ percent
252
(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and
253
other organic phosphate or degree of fineness may also be guaranteed.
254
(c)(i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
255
may be permitted or required by rule of the department.
256
(ii) The guarantees for such other nutrients shall be expressed in the form of the
257
element.
258
(iii) The sources of such other nutrients, such as oxides, salt, chelates, may be
259
required to be stated on the application for registration and may be included as a
260
parenthetical statement on the label.
261
(iv) Other beneficial substances or compounds, determinable by laboratory methods,
262
also may be guaranteed by permission of the department.
263
(v) Any plant nutrients or other substances or compounds guaranteed are subject to
264
inspection and analysis in accord with the methods and rules prescribed by the
265
department.
- 8 - Enrolled Copy H.B. 253
266
[(16)] (15) "Investigational allowance" means an allowance for variations inherent in the
267
taking, preparation, and analysis of an official sample of [fertilizer or soil amendment]
268
plant food.
269
[(17)] (16) "Label" means the display of the written, printed, or graphic matter upon the
270
immediate container or statement accompanying [a fertilizer or soil amendment] plant
271
food.
272
[(18)] (17) "Labeling" means the written, printed, or graphic matter upon or accompanying [
273
fertilizer or soil amendment] plant food, or advertisements, brochures, posters, television
274
and radio announcements used in promoting the sale of [fertilizers or soil amendments]
275
plant food.
276
[(19)] (18) "Lot" means a definite quantity identified by a combination of numbers, letters,
277
characters, or amount represented by a weight certificate from which every part is
278
uniform within recognized tolerances from which the distributor can be determined.
279
[(20)] (19) "Micro plant nutrient" means boron, chlorine, [colbalt] cobalt, copper, iron,
280
manganese, molybdenum, nickel, sodium, and zinc.
281
[(21)] (20) "Mixed fertilizer" means a fertilizer containing any combination or mixture of
282
fertilizer materials.
283
[(22) "Nonplant food ingredient" means a substance or compound other than the primary,
284
secondary, or micro nutrients.]
285
[(23)] (21) "Official sample" means a sample of [fertilizer or soil amendment] plant food
286
taken by the department and designated as "official."
287
[(24) "Other ingredients" means the non-soil amending ingredients present in soil
288
amendments.]
289
[(25)] (22) "Percent" or "percentage" means the percentage by weight.
290
[(26)] (23) "Plant amendment" means a substance applied to plants or seeds that is intended
291
to improve growth, yield, product quality, reproduction, flavor, or other favorable
292
characteristics of plants except fertilizer, soil amendments, agricultural liming materials,
293
animal and vegetable manure, pesticides, or plant regulators.
294
(24) "Plant biostimulant" means a substance, microorganism, or mixture of a substance and
295
microorganism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth
296
media, act to support a plant's natural nutrition processes independently of the
297
biostimulant's nutrient content, and thereby improving:
298
(a) nutrient availability;
299
(b) uptake;
- 9 - H.B. 253 Enrolled Copy
300
(c) use efficiency;
301
(d) tolerance to abiotic stress; and
302
(e) consequent growth, development, quality, or yield.
303
(25) "Plant food" means a fertilizer, soil amendment, beneficial substance, plant
304
amendment, plant biostimulant, plant inoculant, soil inoculant, or any combination of
305
these products.
306
(26) "Plant inoculant" means a product consisting of microorganisms to be applied to the
307
plant or soil for the purpose of enhancing the availability or uptake of plant nutrients
308
through the root system.
309
(27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble potash.
310
(28) "Registrant" means a person who registers a [fertilizer or a soil amendment] plant food
311
under this chapter.
312
(29) "Secondary nutrient" includes calcium, magnesium, and sulfur.
313
[(30) "Slow release fertilizer" means a fertilizer in a form that releases, or converts to a
314
plant-available form, plant nutrients at a slower rate relative to an appropriate reference
315
soluble product.]
316
[(31)] (30) "Soil amending ingredient" means a substance that will improve the physical,
317
chemical, biochemical, biological, or other characteristics of the soil.
318
[(32)] (31) "Soil amendment" means a substance or a mixture of substances that is intended
319
to improve the physical, chemical, biochemical, biological, or other characteristics of the
320
soil, except fertilizers, agricultural liming materials, unmanipulated animal manures,
321
unmanipulated vegetable manures, or pesticides.
322
(32) "Soil inoculant" means a microbial product that is applied to colonize the soil to
323
benefit the soil chemistry, biology, or structure.
324
(33) "Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such as
325
home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,
326
greenhouses, and nurseries.
327
(34) "Ton" means a net weight of 2,000 pounds avoirdupois.
328
Section 9. Section 4-13-103 is amended to read:
329
4-13-103 . Distribution of plant food -- Registration required -- Application --
330
Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.
331
(1)(a) [A brand and grade of fertilizer or soil amendment shall be registered in the name
332
of the person whose name appears upon the label before being distributed in this state]
333
Before a plant food is distributed in this state, a person shall register the brand and
- 10 - Enrolled Copy H.B. 253
334
grade of the plant food in the name of the person whose name appears upon the label
335
of the plant food.
336
(b) [The] A person shall submit an application for registration[ shall be submitted] to the
337
department on a form prescribed and furnished by the department, and shall [be
338
accompanied by] accompany the application with payment of a fee determined by the
339
department pursuant to Subsection 4-2-103(2) for each brand and grade.
340
(c) Upon approval by the department, the department shall furnish a copy of the
341
registration [shall be furnished ]to the applicant.
342
(d)(i) A registration expires at midnight on December 31 of the year in which issued.
343
(ii) A registration is renewable for a period of one year upon the payment of an
344
annual registration renewal fee in an amount equal to the current applicable
345
original registration fee.
346
(iii) A person shall pay the renewal fee [shall be paid ]on or before December 31 of
347
each year.
348
(2) A distributor is not required to register [fertilizer] plant food that has been registered by
349
another person under this chapter if the label does not differ in any respect.
350
(3)(a) A blender is not required to register each grade of [fertilizer or soil amendment]
351
plant food formulated according to specifications provided by a consumer before
352
mixing, but is required to:
353
(i) license the name under which the business of blending or mixing is conducted;
354
(ii) pay an annual blenders license fee determined by the department pursuant to
355
Subsection 4-2-103(2); and
356
(iii) label the [fertilizer or soil amendment] plant food as provided in Section 4-13-104.
357
(b)(i) A blenders license expires at midnight on December 31 of the year in which the
358
license is issued.
359
(ii) A blenders license is renewable for a period of one year upon the payment of an
360
annual license renewal fee in an amount equal to the current applicable original
361
blenders license fee.
362
(iii) A renewal fee shall be paid on or before December 31 of each year.
363
(4)(a) [A] The department shall assess a tonnage fee [shall be assessed ]on fertilizer [and
364
soil amendment ]products sold in the state.
365
(b) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
366
(c) When more than one person is involved in the distribution of a fertilizer[ or soil
367
amendment], the final person who has the fertilizer [or soil amendment ]registered
- 11 - H.B. 253 Enrolled Copy
368
and distributed to a non-registrant or consumer is responsible for reporting the
369
tonnage and paying the tonnage fee, unless the report and payment is made by a prior
370
distributor of the fertilizer[ or soil amendment].
371
(d) [The] A person shall submit the tonnage report [shall be submitted ]on a form
372
provided by the department on or before December 31 annually covering shipments
373
made during the preceding 12-month period from November 1 to October 31.
374
(e) Revenue generated by the fee shall be deposited into the General Fund as dedicated
375
credits to be used by the department for education and research about and promotion
376
of proper [fertilizer and soil amendment] plant food distribution, handling, and use.
377
Section 10. Section 4-13-104 is amended to read:
378
4-13-104 . Labeling requirements for fertilizer and soil amendments specified.
379
(1) A container of fertilizer distributed in this state shall bear a label in clearly legible and
380
conspicuous form setting forth the:
381
(a) brand name and grade;
382
(b) guaranteed analysis, except that:
383
(i) sources of nutrients, when shown on the label, shall be listed below the completed
384
guaranteed analysis in order of predominance;
385
(ii) guarantees of zeros may not be made and may not appear in statement except in
386
nutrient guarantee breakdowns; and
387
(iii) if chemical forms of nitrogen are claimed or required, the form shall be shown,
388
but no implied order of the forms of nitrogen is intended;
389
(c) subject to Subsection (12), derivation statement of guaranteed nutrients[, nonplant
390
food ingredients, and beneficial substances or compounds] if present;
391
(d) directions for use when applicable;
392
(e) caution or warning statement when applicable;
393
(f) name and address of the registrant or the manufacturer, if different from the registrant;
394
(g) net weight or volume; and
395
(h) lot number.
396
(2) A container of specialty fertilizer distributed in this state shall bear a label in clear,
397
legible, and conspicuous form setting forth the information specified in Subsections
398
(1)(a) through (h).
399
(3) A shipment of custom blend fertilizer shall be accompanied by a printed or written
400
statement setting forth the:
401
(a) information specified in Subsections (1)(a) through (c);
- 12 - Enrolled Copy H.B. 253
402
(b) name and address of the licensed blender;
403
(c) net weight or volume; and
404
(d) lot number.
405
(4) A person who ships fertilizer material shall accompany the shipment of fertilizer
406
material [shall be accompanied by] with a printed or written statement setting forth the:
407
(a) information specified in Subsections (1)(a) through (c);
408
(b) name and address of the registrant if different from the supplier or shipper;
409
(c) net weight or volume; and
410
(d) lot number.
411
[(5) The grade is not required on a fertilizer label when no primary nutrients are claimed or
412
are less than one percent.]
413
[(6) Additional nutrient guarantees may not be an extension of the grade statement and shall
414
be a separate line or include terms such as "plus," "with," or "including."]
415
[(7)] (5) A soil amendment or beneficial substance distributed in the state shall bear a label
416
in clearly legible and conspicuous form setting forth[ the]:
417
(a) the brand name;
418
(b) a statement of composition showing the amount of each non-nutritive ingredient, that
419
is the agent in a product primarily responsible for the intended effects using the
420
following format:
421
(i) for a soil amendment:
422 SOIL AMENDING INGREDIENTS423
1. Name of the ingredient % or other acceptable units
424
(ii) for a beneficial substance:
425 CONTAINS BENEFICIAL SUBSTANCE(S)426
1. Name of beneficial substance % or other acceptable units
427
2. Genus and species of microorganism viable CFU/cm3,/mL,/g, or other acceptable units
428
3. Name of the ingredient % or other acceptable units
429
(Substances shall include ingredient source, if
applicable. Ex. humic acid from leonardite or
saponin from Yucca schidigera)
430
[(b) guaranteed analysis, which includes:]
431
[(i) nonplant food ingredients separated out by soil amending ingredients and other
- 13 - H.B. 253 Enrolled Copy
432
total ingredients, in that order, by percentages; and]
433
[(ii) nonsoil amending ingredients separating out beneficial substances and beneficial
434
compounds, in that order, by percentage or acceptable units;]
435
(c) the purpose of product;
436
(d) the direction for application;
437
(e) the caution or warning statement when applicable;
438
(f) the name and address of the registrant or the manufacturer, if different from the
439
registrant; and
440
(g) the net weight or volume.
441
(6) In case of a bulk shipment, the information required by Subsection (5) in written or
442
printed form shall accompany delivery and be supplied to the purchaser at time of
443
delivery.
444
(7) The grade is not required on a fertilizer label when no primary nutrients are claimed or
445
are less than 1%.
446
(8) Additional nutrient guarantees may not be an extension of the grade statement and shall
447
be a separate line or include terms such as "plus," "with," or "including."
448
[(8)] (9) The department may require proof of claims made, usefulness, and value of the soil
449
amendments.
450
[(9) For evidence of proof the department may rely on experimental data, evaluations, or
451
advice supplied from such sources as the director of the Agricultural Experiment
452
Station. The experimental design shall be related to state conditions for which the
453
product is intended.]
454
(10) Information or a statement may not appear on a package, label, delivery slip, or
455
advertising matter that is false or misleading to the purchaser as to the use, value,
456
quality, analysis, type, or composition of the [soil amendment] plant food.
457
(11) A [fertilizer] plant food is misbranded if:
458
(a) the [fertilizer's] labeling is false or misleading in any particular;
459
(b) the [fertilizer] plant food is distributed under the name of another [fertilizer] plant food
460
product;
461
(c) the [fertilizer] plant food is not labeled as required; or
462
(d) the [fertilizer] plant food purports to be or is represented as [fertilizer] plant food, or is
463
represented as containing [a plant nutrient fertilizer] an ingredient that does not
464
conform with the definition of identity or any commonly accepted definitions of
465
official fertilizer terms.
- 14 - Enrolled Copy H.B. 253
466
(12) An abbreviation, brand name, trade mark, or trade name may not appear in a derivation
467
statement.
468
Section 11. Section 4-13-105 is amended to read:
469
4-13-105 . Enforcement -- Inspection and samples authorized -- Methods for
470
sampling and analysis prescribed -- Warrants.
471
(1) The department shall periodically sample, inspect, analyze, and test [fertilizers and soil
472
amendments] plant food distributed within this state to determine [if they comply]
473
whether the plant food complies with this chapter.
474
(2)(a) The methods of sampling and analysis shall be those adopted by the AOAC
475
International.
476
(b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case
477
when a method is available in which improved applicability has been demonstrated,
478
the department may adopt appropriate methods from other sources.
479
(3) In determining whether a [fertilizer or soil amendment] plant food is deficient, the
480
department shall be guided solely by the official sample.
481
(4)(a) The department may enter any public or private premises or carriers during
482
regular business hours to have access to [fertilizers or soil amendments] plant food
483
and records relating to the distribution of [fertilizers and soil amendments] plant food
484
subject to this chapter.
485
(b) If admittance is refused, the department may proceed immediately to obtain an ex
486
parte warrant from the nearest court [of competent] with jurisdiction to allow entry
487
upon the premises for the purpose of making inspections and obtaining samples.
488
(5) The department shall distribute the results of an official sample.
489
(6) The department shall retain an official sample for a minimum of 90 days from the
490
issuance of a report.
491
Section 12. Section 4-13-106 is amended to read:
492
4-13-106 . Distribution of plant food not complying with labeling requirements
493
prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized --
494
Adulterated plant food.
495
(1) A person may not distribute in this state a [fertilizer, fertilizer material, soil amendment,
496
or specialty fertilizer] plant food if the official sample [thereof] of the plant food
497
establishes that the [fertilizer, fertilizer material, soil amendment, or specialty fertilizer]
498
plant food is deficient in the nutrients or ingredients guaranteed on the label by an
499
amount exceeding the values established by rule.
- 15 - H.B. 253 Enrolled Copy
500
(2) The department shall evaluate and take administrative action the department prescribes
501
for a deficiency beyond the investigational allowances established by the department.
502
(3) A registrant aggrieved by the finding of an official sample deficiency may file a
503
complaint with a court [of competent] with jurisdiction to vacate or amend the finding of
504
the department.
505
(4) A person may not distribute in this state a plant food that is adulterated.
506
Section 13. Section 4-13-108 is amended to read:
507
4-13-108 . Denial, suspension, or revocation authorized -- Grounds -- Stop sale,
508
use, or removal order authorized -- Court action -- Procedure -- Costs.
509
(1) The department may deny, revoke, or suspend the license for a blender or the
510
registration of a brand of [fertilizer or soil amendment] plant food upon satisfactory
511
evidence that the licensee or registrant has used fraudulent or deceptive practices in
512
licensure, registration, or distribution in this state.
513
(2)(a) The department may issue a "stop sale, use, or removal order" to the owner or
514
person in possession of any designated lot of [fertilizer or soil amendment] plant food
515
that the department finds or has reason to believe is being offered or exposed for sale
516
in violation of this chapter.
517
(b) The order shall be in writing and [fertilizer or soil amendment] plant food subject to
518
the order may not be moved or offered or exposed for sale, except upon the
519
subsequent written release of the department.
520
(c) Before a release is issued, the department may require the owner or person in
521
possession of the "stopped" lot to pay the expense incurred by the department in
522
connection with the withdrawal of the product from the market.
523
(3)(a) The department may seek in a court [of competent] with jurisdiction an order of
524
seizure or condemnation of any [fertilizer] plant food that violates this chapter or,
525
upon proper grounds, to obtain a temporary restraining order or permanent
526
injunction, to prevent violation of this chapter.
527
(b) A bond may not be required of the department in any injunctive proceeding under
528
this section.
529
(4) If condemnation is ordered, the [fertilizer or soil amendment] plant food shall be
530
disposed of as the court directs, except that the court may not order condemnation
531
without giving the claimant of the [fertilizer or soil amendment] plant food an
532
opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring
533
the product into conformance, or to remove the [fertilizer or soil amendment] plant food
- 16 - Enrolled Copy H.B. 253
534
from the state.
535
(5) If the court orders condemnation of the [fertilizer or soil amendment] plant food, court
536
costs, fees, storage, and other expenses shall be awarded against the claimant of the [
537
fertilizer or soil amendment] plant food.
538
Section 14. Section 4-13-109 is amended to read:
539
4-13-109 . Sales or exchanges of plant food between manufacturers, importers, or
540
manipulators permitted.
541
This chapter may not be construed to restrict or avoid sales or exchanges of [fertilizers
542
or soil amendments] plant food to each other by importers, manufacturers, or manipulators who
543
mix [fertilizer or soil amendment] plant food materials for sale or as preventing the free and
544
unrestricted shipment of [fertilizer or soil amendments] plant food to manufacturers or
545
manipulators who have registered their brands as required by this chapter.
546
Section 15. Section 4-13-110 is amended to read:
547
4-13-110 . Department may make and enforce rules -- Cooperation with state
548
and federal agencies authorized.
549
(1)(a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
550
Administrative Rulemaking Act, and enforce the rules to administer and enforce this
551
chapter.
552
(b) The department shall by rule adopt the official terms, tables, definitions, and
553
statements adopted by the Association of American Plant Food Control officials and
554
published in the official publications of that organization.
555
(2) The department may enter into agreements with other agencies of the state, other states,
556
and agencies of the federal government to administer and enforce this chapter.
557
[(3) The department may use the following terms in rule made in accordance with Title
558
63G, Chapter 3, Utah Administrative Rulemaking Act, to the extent that the department
559
is authorized to make rules by a provision other than this Subsection (3):]
560
[(a) biostimulant;]
561
[(b) bulk fertilizer;]
562
[(c) plant amendment;]
563
[(d) secondary nutrient; and]
564
[(e) slow release fertilizer.]
565
Section 16. Section 4-18-102 is amended to read:
566
4-18-102 . Findings and declarations -- Duties.
567
(1) In addition to the policy provided in Section 4-46-101, the Legislature finds and
- 17 - H.B. 253 Enrolled Copy
568
declares that:
569
(a) the soil and water resources of this state constitute one of the state's basic assets; and
570
(b) the preservation of soil and water resources requires planning and programs to
571
ensure:
572
(i) the development and use of soil and water resources; and
573
(ii) soil and water resources' protection from the adverse effects of wind and water
574
erosion, sediment, and sediment related pollutants.
575
(2) The Legislature finds that local production of food is essential for:
576
(a) the security of the state's food supply; and
577
(b) the self-sufficiency of the state's citizens.
578
(3) The Legislature finds that sustainable agriculture is critical to:
579
(a) the success of rural communities;
580
(b) the historical culture of the state;
581
(c) maintaining healthy farmland;
582
(d) maintaining high water quality;
583
(e) maintaining abundant wildlife;
584
(f) high-quality recreation for citizens of the state; and
585
(g) helping to stabilize the state economy.
586
(4) The Legislature finds that livestock grazing on public lands is important for the proper
587
management, maintenance, and health of public lands in the state.
588
(5) The Legislature encourages each agricultural producer in the state to operate in a
589
reasonable and responsible manner to maintain the integrity of soil, water, and air.
590
[(6) The department shall administer the Utah Agriculture Certificate of Environmental
591
Stewardship Program, created in Section 4-18-107, to encourage each agricultural
592
producer in this state to operate in a reasonable and responsible manner to maintain the
593
integrity of the state's resources.]
594
[(7)] (6) The Legislature finds that soil health is essential to protecting the state's soil and
595
water resources, bolstering the state's food supply, and sustaining the state's agricultural
596
industry.
597
Section 17. Section 4-18-103 is amended to read:
598
4-18-103 . Definitions.
599
As used in this chapter:
600
(1)(a) "Agricultural discharge" means the release of agriculture water from the property
601
of a farm, ranch, or feedlot that:
- 18 - Enrolled Copy H.B. 253
602
(i) pollutes a surface body of water, including a stream, lake, pond, marshland,
603
watercourse, waterway, river, ditch, or other water conveyance system;
604
(ii) pollutes ground water; or
605
(iii) constitutes a significant nuisance to urban land.
606
(b) "Agricultural discharge" does not include:
607
(i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated
608
field onto land that is not part of a body of water; or
609
(ii) a release of water from a farm, ranch, or feedlot into a normally dry water
610
conveyance leading to an active body of water, if the release does not reach the
611
water of a lake, pond, stream, marshland, river, or other active body of water.
612
(2) "Agricultural operation" means a farm, ranch, or animal feeding operation.
613
(3) "Agriculture water" means:
614
(a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
615
(b) the return flow of water from irrigated agriculture; or
616
(c) agricultural storm water runoff.
617
(4) "Alternate" means a substitute for a district supervisor if the district supervisor cannot
618
attend a meeting.
619
(5)(a) "Animal feeding operation" means a facility where animals, other than aquatic
620
animals, are stabled or confined and fed or maintained for a total of 45 days or more
621
in any 12-month period.
622
(b) "Animal feeding operation" does not include an operation where animals are in areas
623
such as pastures or rangeland that sustain crops or forage growth during the normal
624
growing season.
625
(6) "Best management practices" means practices, including management policies and the
626
use of technology, used by each sector of agriculture in the production of food and fiber
627
that are commonly accepted practices, or that are at least as effective as commonly
628
accepted practices, and that:
629
(a) protect the environment;
630
(b) protect human health;
631
(c) ensure the humane treatment of animals; and
632
(d) promote the financial viability of agricultural production.
633
[(7) "Certified agricultural operation" means an agricultural operation that is certified under
634
the Utah Agriculture Certificate of Environmental Stewardship Program in accordance
635
with Section 4-18-107.]
- 19 - H.B. 253 Enrolled Copy
636
[(8) "Certified conservation planner" means a planner of a state conservation district, or
637
other qualified planner, that is approved by the commission to certify an agricultural
638
operation under the Utah Agriculture Certificate of Environmental Stewardship
639
Program, created in Section 4-18-107.]
640
[(9)] (7) "Commission" means the Conservation Commission created in Section 4-18-104.
641
[(10)] (8) "Comprehensive nutrient management plan" or "nutrient management plan"
642
means a plan to properly store, handle, and spread manure and other agricultural
643
byproducts to:
644
(a) protect the environment; and
645
(b) provide nutrients for the production of crops.
646
[(11)] (9) "Coordinated resource management plan" means a plan of action created at a local
647
level with broad participation of land owners, natural resource agencies, and interested
648
stakeholders to protect or enhance the environment, human health, humane treatment of
649
animals, and financial viability in the community.
650
[(12)] (10) "District" or "conservation district" has the same meaning as "conservation
651
district" as defined in Section 17D-3-102.
652
[(13)] (11) "Fodder" means food for livestock.
653
[(14)] (12) "Hydroponic" means a technique for growing plants without soil.
654
[(15)] (13) "Pollution" means a harmful human-made or human-induced alteration to the
655
water of the state, including an alteration to the chemical, physical, biological, or
656
radiological integrity of water that harms the water of the state.
657
[(16)] (14) "State technical standards" means a collection of best management practices that
658
will protect the environment in a reasonable and economical manner for each sector of
659
agriculture as required by this chapter.
660
[(17)] (15) "Sustainable agriculture" means agriculture production and practices that
661
promote:
662
(a) the environmental responsibility of owners and operators of farms, ranches, and
663
feedlots; and
664
(b) the profitability of owners and operators of farms, ranches, and feedlots.
665
Section 18. Section 4-18-106 is amended to read:
666
4-18-106 . Agriculture Resource Development Fund -- Contents -- Use of fund
667
money -- Advisory board.
668
(1) As used in this section:
669
(a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
- 20 - Enrolled Copy H.B. 253
670
that results in:
671
(i) the president of the United States declaring an emergency or major disaster in the
672
state;
673
(ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
674
Disaster Response and Recovery Act; or
675
(iii) the chief executive officer of a local government declaring a local emergency
676
under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
677
(b) "Fund" means the Agriculture Resource Development Fund created in this section.
678
(c) "Local government" means the same as that term is defined in Section 53-2a-602.
679
(2) There is created a revolving loan fund known as the "Agriculture Resource
680
Development Fund."
681
(3) The fund shall consist of:
682
(a) money appropriated to the fund by the Legislature;
683
[(b) sales and use tax receipts transferred to the fund in accordance with Section
684
59-12-103;]
685
[(c)] (b) money received for the repayment of loans made from the fund;
686
[(d)] (c) money from a preferential user to reimburse the commission for loans made
687
from the fund in accordance with Title 73, Chapter 3d, Part 4, Compensation;
688
[(e)] (d) money made available to the state for agriculture resource development or for a
689
temporary water shortage emergency, as defined in Section 73-3d-101, from any
690
source; and
691
[(f)] (e) interest earned on the fund.
692
(4) The commission may make loans from the fund for:
693
(a) a rangeland improvement and management project;
694
(b) a watershed protection or flood prevention project;
695
(c) a soil and water conservation project;
696
(d) a program designed to promote energy efficient farming practices;
697
(e) an improvement program for agriculture product storage or program designed to
698
protect a crop or animal resource;
699
(f) a hydroponic or aquaponic system, including a hydroponic fodder production system;
700
(g) a project or program to improve water quality;
701
(h) a project to address other environmental issues;
702
(i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
703
of agriculture during and immediately following a disaster; or
- 21 - H.B. 253 Enrolled Copy
704
(j) subject to Subsection (6), authorized for temporary water shortage emergencies as
705
provided in Title 73, Chapter 3d, Part 4, Compensation.
706
(5)(a) Loans made through a disaster relief program described in Subsection (4)(i) may
707
not comprise more than 10% of the funds appropriated by the Legislature to the fund.
708
(b) Notwithstanding Subsection (5)(a), the department may use the money appropriated
709
to the fund by the Legislature or another source, without limitation, if the money is
710
appropriated specifically for use in a disaster relief program.
711
(c)(i) Until December 31, 2024, the department is authorized to borrow up to
712
$3,000,000 of General Fund appropriations from the Agricultural Water
713
Optimization Account created in Section 73-10g-204 to be used in making loans
714
through a disaster relief program described in Subsection (4)(i).
715
(ii) If the department borrows from the Agricultural Water Optimization Account
716
under Subsection (5)(c)(i), the department shall deposit the repayment of principal
717
and interest on loans made through a disaster relief program, regardless of the
718
source of the funds used to make those loans, into the Agricultural Water
719
Optimization Account, with preference over the repayment of any other source of
720
funds, until the Agricultural Water Optimization Account is repaid in full.
721
(6) The commission may not have at one time an aggregate amount of loans made under
722
Subsection (4)(j) that exceeds $5,000,000.
723
(7) The commission may appoint an advisory board to:
724
(a) oversee the award process for loans, as described in this section;
725
(b) approve loans; and
726
(c) recommend policies and procedures for the fund that are consistent with statute.
727
(8) The department shall obtain an approved annual budget from the commission to use
728
money from the fund to pay for the costs of administering the fund and loans made from
729
the fund.
730
Section 19. Section 4-23-107 is amended to read:
731
4-23-107 . Annual fees on sheep, goats, cattle, and turkeys -- Determination by
732
board -- Collection methods.
733 (1) To assist the department in meeting the annual expense of administering this chapter, the
734
following annual predator control fees are imposed upon animals owned by persons whose
735
interests this chapter is designed to protect: Sheep and goats (except on farm dairy
736
goats or feeder lambs)............................................................................... at least $.70 but not
737
more than $1 per head
- 22 - Enrolled Copy H.B. 253
738
Cattle (except on farm dairy cattle).......................................................... at least $.15 but not
739
more than $.50 per head
740
Turkeys (breeding stock only).................................................................. at least $.05 but not
741
more than $.10 per head
742
(2) The amount of the fees imposed upon each category of animals specified in this section
743
shall be determined by the board annually on or before [January 1] July 1 of each year.
744
(3)(a) Fee brand inspected cattle are subject to a predator control fee upon change of
745
ownership or slaughter.
746
(b) The fee shall be collected by the local brand inspector at the time of the inspection of
747
cattle, or withheld and paid by the market from proceeds derived from the sale of the
748
cattle.
749
(c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject to
750
any subsequent predator control fee.
751
(4)(a) Fleece of sheared sheep is subject to a predator control fee upon sale of the fleece.
752
(b)(i) The fee shall be withheld and paid by the marketing agency or purchaser of
753
wool from proceeds derived from the sale of the fleece.
754
(ii) The department shall enter into cooperative agreements with in-state and
755
out-of-state wool warehouses and wool processing facilities for the collection of
756
predator control fees on the fleece of sheep that graze on private or public range in
757
the state.
758
(c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
759
white face sheep and five pounds for black face sheep.
760
(5) Predator control fees on turkey breeding stock shall be paid by the turkey cooperative.
761
(6)(a) Livestock owners shall pay a predator control fee on any livestock that uses public
762
or private range in the state [which] that is not otherwise subject to the fee under
763
Subsection (3) or (4).
764
(b) By [January 1] September 1, the commissioner shall mail to each owner of livestock
765
specified in Subsection (6)(a) a reporting form requiring sufficient information on the
766
type and number of livestock grazed in the state and indicating the fee imposed for
767
each category of livestock.
768
(c) [Each] An owner shall file the completed form and the appropriate fee with the
769
commissioner before [April 1] December 31.
770
(d) If any person who receives the reporting form fails to return the completed form and
771
the imposed fee as required, the commissioner is authorized to commence suit
- 23 - H.B. 253 Enrolled Copy
772
through the office of the attorney general, in a court [of competent] with jurisdiction,
773
to collect the imposed fee, the amount of which shall be as determined by the
774
commissioner.
775
(7) [All fees] A fee collected under this section shall be remitted to the department and
776
deposited in the Agricultural and Wildlife Damage Prevention Account.
777
Section 20. Section 4-24-202 is amended to read:
778
4-24-202 . Recordation of brand.
779
(1)[(a) Application for a recorded brand shall be made] A person shall submit an
780
application for a recorded brand to the department upon forms prescribed and
781
furnished by the department.
782
[(b)] (a) The application shall contain the following information:
783
(i) the name of each applicant;
784
(ii) a single designated address where the department will send a notice of brand
785
renewal; and
786
(iii) a description of the brand that is the subject of the application.
787
[(c)] (b) [An] The department may not approve an application [may not be approved ]
788
without payment of the appropriate recording fee.
789
[(d)] (c) Upon receipt of a proper application, payment of the recording fee, and
790
recordation of the brand in the central Brand Registry of the department, the
791
commissioner shall issue the applicant a certified copy of recording that entitles the
792
applicant to the exclusive use of the brand recorded.
793
(2)(a) A recorded brand filed with the central Brand Registry expires during the calendar
794
year 1980, and during each fifth or tenth year thereafter. The applicant at the time of
795
application shall decide whether the brand filed with the central Brand Registry
796
expires during the fifth or the tenth year.
797
(b)(i) The department shall send notice in writing to the address designated under
798
Subsection (1)(b)(ii) within a reasonable time before the date of expiration of
799
recordation.
800
(ii) The notice required by this Subsection (2)(b) may be provided by email or regular
801
mail at the department's discretion.
802
(iii) The holder of a registered brand has an affirmative duty to inform the department
803
of a change to the contact information provided on the initial application for a
804
recorded brand.
805
(c) Brand renewal is affected by filing an appropriate application with the department
- 24 - Enrolled Copy H.B. 253
806
together with payment of the renewal fee.
807
(d) A recorded brand, not timely renewed, shall lapse and be removed from the central
808
Brand Registry.
809
Section 21. Section 4-30-105 is amended to read:
810
4-30-105 . License required -- Application -- Fee -- Expiration -- Renewal.
811
(1)(a) [No person may] A person may not operate a livestock market in this state without
812
a license issued by the department.
813
(b) [Application for a license shall be made ] A person shall submit an application for a
814
license to the department upon forms prescribed and furnished by the department,
815
and the application shall specify:
816
(i) if the applicant is an individual, the name, address, and [date of birth] age of the
817
applicant; or
818
(ii) if the applicant is a partnership, corporation, or association, the name, address,
819
and [date of birth] age of each person who has a financial interest in the applicant
820
and the amount of each person's interest;
821
(iii) a certified statement of the financial assets and liabilities of the applicant
822
detailing:
823
(A) current assets;
824
(B) current liabilities;
825
(C) long-term assets; and
826
(D) long-term liabilities;
827
(iv) a legal description of the property where the market is proposed to be located, the
828
property's street address, and a description of the facilities proposed to be used in
829
connection with the property;
830
(v) a schedule of the charges or fees the applicant proposes to charge for each service
831
rendered; and
832
(vi) a detailed statement of the trade area proposed to be served by the applicant, the
833
potential benefits which will be derived by the livestock industry, and the specific
834
services the applicant intends to render at the livestock market.
835
(2)(a) Upon receipt of a proper application, payment of a license fee in an amount
836
determined by the department pursuant to Subsection 4-2-103(2), the commissioner,
837
if satisfied that the convenience and necessity of the industry and the public will be
838
served, shall issue a license allowing the applicant to operate the livestock market
839
proposed in the application valid through December 31 of the year in which the
- 25 - H.B. 253 Enrolled Copy
840
license is issued, subject to suspension or revocation for cause.
841
(b) A livestock market license is annually renewable on or before December 31 of each
842
year upon the payment of an annual license renewal fee in an amount determined by
843
the department pursuant to Subsection 4-2-103(2).
844
(3) [No] The department may not issue a livestock market original or renewal license [may
845
be issued ]until the applicant has provided the department with a certified copy of a
846
surety bond filed with the United States Department of Agriculture as required by the
847
Packers and Stockyards Act, 1921, 7 U.S.C. Section 181 et seq.
848
Section 22. Section 4-39-203 is amended to read:
849
4-39-203 . License required to operate a domesticated elk facility.
850
(1) A person may not operate a domesticated elk facility without first obtaining a license
851
from the department.
852
(2)(a) [Each] An application for a license to operate a domesticated elk facility shall be
853
accompanied by a fee.
854
(b) The fee shall be established by the department in accordance with Section 63J-1-504.
855
(3) [Each] An applicant for a domesticated elk facility license shall submit an application
856
providing all information in the form and manner as required by the department.
857
(4)(a) [No license shall be issued until the department has inspected and approved] The
858
department may not issue a license until the department inspects and approves the
859
facility.
860
(b) The department shall:
861
(i) notify the Division of Wildlife Resources at least 48 hours [prior to] before a
862
scheduled inspection so that a Division of Wildlife Resources representative may
863
be present at the inspection; and
864
(ii) provide the Division of Wildlife Resources with copies of all licensing and
865
inspection reports.
866
(5) Each separate location of the domesticated elk operation shall be licensed separately.
867
(6)(a) If a domesticated elk facility is operated under more than one business name from
868
a single location, the name of each operation shall be listed with the department in
869
the form and manner required by the department.
870
(b) The department shall require that a separate fee be paid for each business name listed.
871
(c) If a domesticated elk facility operates under more than one business name from a
872
single location, each facility shall maintain separate records.
873
(7) [Each person or business entity] A person with an equity interest in the domesticated elk
- 26 - Enrolled Copy H.B. 253
874
shall be listed on the application for license.
875
(8) [Each] A domesticated elk facility license shall expire on [July 1] June 30 in the year
876
following the year of issuance.
877
(9) [Each] A licensee shall report to the department, in the form and manner required by the
878
department, any change in the information provided in the licensee's application or in the
879
reports previously submitted, within 15 days of each change.
880
(10) [Licenses] A license issued pursuant to this section [are] is not transferable.
881
Section 23. Section 4-39-205 is amended to read:
882
4-39-205 . License renewal.
883
(1) To renew a license, the licensee shall submit to the department the following:
884
(a) renewal fee;
885
(b) paperwork showing that the:
886
(i) domesticated elk, on the domesticated elk facility, have been inspected and
887
certified by the department for health[,] and proof of ownership[, and genetic
888
purity certification] for all elk imported into the state; and
889
(ii) facility has been properly maintained, as provided in this chapter, during the
890
immediately preceding 60-day period; and
891
(c) record of each purchase of domesticated elk and transfer of domesticated elk into the
892
facility, which shall include the following information:
893
(i) name[,] and address[, and health approval number] of the source;
894
(ii) date of transaction; and
895
(iii) number and sex.
896
(2)(a) If the renewal fee and paperwork are not received on or before April 30, the
897
department shall charge a late fee[ will be charged].
898
(b) A license may not be renewed until the renewal fee and any late fee is paid.
899
(3) If the application and fee for renewal are not received on or before [July 1] June 30, the
900
license may not be renewed, and a new license shall be required.
901
Section 24. Section 4-39-206 is amended to read:
902
4-39-206 . Records to be maintained.
903
(1) The following records and information shall be maintained by a domesticated elk
904
facility for the life of the animal plus [two] five years:
905
(a) records of purchase, acquisition, distribution, and production histories of
906
domesticated elk;
907
(b) records documenting antler harvesting, production, and distribution; and
- 27 - H.B. 253 Enrolled Copy
908
(c) health certificates.
909
(2) For purposes of carrying out [the provisions of ]this chapter and rules made under this
910
chapter, at any reasonable time during regular business hours, the department shall have
911
free and unimpeded access to inspect all records required to be kept.
912
(3) The department may make copies of the records referred to in this section.
913
Section 25. Section 4-39-301 is amended to read:
914
4-39-301 . Proof of source.
915
The department shall require[:]
916
[(1) that each domesticated elk, including gametes, eggs, or sperm, imported into the state:]
917
[(a) test negative for the red deer genetic factor;]
918
[(b) be registered with gold or silver status with the North American Elk Breeders
919
Association; or]
920
[(c) come from a state which has a red deer genetic factor prevention program approved
921
by the department; and]
922
[(2)] proof that the domesticated elk originates from a legal source as provided in Section
923
4-39-302.
924
Section 26. Section 4-39-303 is amended to read:
925
4-39-303 . Importation of domesticated elk -- Enforcement.
926
(1) A person may not import domesticated elk into the state for use in domesticated elk
927
facilities without first obtaining:
928
(a) an entry permit from the state veterinarian's office; and
929
(b) a domesticated elk facility license from the department.
930
(2) The entry permit shall include the following information and certificates:
931
(a) a health certificate with an indication of the current health status;
932
[(b) proof of genetic purity as required in Section 4-39-301;]
933
[(c)] (b) the name and address of the consignor and consignee;
934
[(d)] (c) proof that the elk are:
935
(i) tuberculosis free; or
936
(ii) enrolled in a tuberculosis herd monitoring accreditation program administered by
937
the United State Department of Agriculture or the Canadian Food Inspection
938
Agency;
939
[(e)] (d) the origin of shipment;
940
[(f)] (e) the final destination;
941
[(g)] (f) the total number of animals in the shipment;
- 28 - Enrolled Copy H.B. 253
942
[(h)] (g) for an elk imported from east of the 100 degree meridian, proof that the elk has
943
been dewormed in accordance with Subsection (3)(a); and
944
[(i)] (h) any other information required by the state veterinarian's office or the department.
945
(3) In addition to the requirements described in Subsections (1) and (2), a person importing
946
a domesticated elk from east of the 100 degree meridian shall:
947
(a) deworm the elk within 60 days before arrival in the state;
948
(b) deworm or harvest the elk no later than 150 days after arrival in the state;
949
(c) for a bull sent to an elk ranch:
950
(i) hold the bull for harvest until the bull has completed a slaughter withdrawal
951
period; or
952
(ii) be able to demonstrate that the elk is free from dewormer residue; and
953
(d) make the elk available to the department for monitoring and inspection upon request
954
by the department.
955
(4) The department may stop the importation of a domesticated elk or quarantine a
956
domesticated elk if the department identifies the spread of meningeal worm in the elk or
957
the elk's domesticated herd.
958
(5) A person who imports domesticated elk into the state from an international herd:
959
(a) may only import domesticated elk:
960
(i) that are male; and
961
(ii) to an elk ranch for use in the elk ranch; and
962
(b) shall ensure that the domesticated elk are harvested in the same season in which the
963
domesticated elk enter the state.
964
(6) For the purpose of enforcing Subsection (5), the department may make rules, in
965
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the use
966
of radio frequency identification tags to track male elk imported into the state from an
967
international herd.
968
Section 27. Section 4-39-304 is amended to read:
969
4-39-304 . Marking domesticated elk.
970
[(1) Each] A domesticated elk shall be marked by [either an official USDA tag or by ]an
971
electronic identification tag[, as provided in Subsection (2):] and unique visual tag
972
pursuant to rules made by the department in accordance with Title 63G, Chapter 3, Utah
973
Administrative Rulemaking Act.
974
[(a) within 30 days of a change of ownership; or]
975
[(b) in the case of newborn calves, within 15 days after being weaned, but in any case,
- 29 - H.B. 253 Enrolled Copy
976
no later than January 31.]
977
[(2) If a domesticated elk is identified with an electronic identification tag, it shall be placed
978
in the right ear.]
979
Section 28. Section 4-41a-204 is amended to read:
980
4-41a-204 . Operating plan.
981
(1) A person applying for a cannabis production establishment license or license renewal
982
shall submit to the department for the department's review a proposed operating plan
983
that complies with this section and that includes:
984
(a) a description of the physical characteristics of the proposed facility or, for a cannabis
985
cultivation facility, no more than two facility locations, including a floor plan and an
986
architectural elevation;
987
(b) a description of the credentials and experience of:
988
(i) each officer, director, and owner of the proposed cannabis production
989
establishment; and
990
(ii) any highly skilled or experienced prospective employee;
991
(c) the cannabis production establishment's employee training standards;
992
(d) a security plan;
993
(e) a description of the cannabis production establishment's inventory control system,
994
including a description of how the inventory control system is compatible with the
995
state electronic verification system described in Section 26B-4-202;
996
(f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
997
manner that is sanitary and preserves the integrity of the cannabis;
998
(g) for a cannabis cultivation facility, the information described in Subsection (2);
999
(h) for a cannabis processing facility, the information described in Subsection (3); and
1000
(i) for an independent cannabis testing laboratory, the information described in
1001
Subsection (4).
1002
(2)(a) A cannabis cultivation facility shall ensure that the facility's operating plan
1003
includes the facility's intended:
1004
(i) cannabis cultivation practices, including the facility's intended pesticide use and [
1005
fertilizer] plant food use; and
1006
(ii) subject to Subsection (2)(b), acreage or square footage under cultivation and
1007
anticipated cannabis yield.
1008
(b) Except as provided in Subsection (2)(c)(i) or (c)(ii), a cannabis cultivation facility
1009
may not:
- 30 - Enrolled Copy H.B. 253
1010
(i) for a facility that cultivates cannabis only indoors, use more than 100,000 total
1011
square feet of cultivation space;
1012
(ii) for a facility that cultivates cannabis only outdoors, use more than four acres for
1013
cultivation; and
1014
(iii) for a facility that cultivates cannabis through a combination of indoor and
1015
outdoor cultivation, use more combined indoor square footage and outdoor
1016
acreage than allowed under the department's formula described in Subsection
1017
(2)(e).
1018
(c)(i) Each licensee may apply to the department for:
1019
(A) a one-time, permanent increase of up to 20% of the limitation on the cannabis
1020
cultivation facility's cultivation space; or
1021
(B) a short-term increase, not to exceed 12 months, of up to 40% of the limitation
1022
on the cannabis cultivation facility's cultivation space.
1023
(ii) After conducting a review equivalent to the review described in Subsection
1024
4-41a-205(2)(a), if the department determines that additional cultivation is
1025
needed, the department may:
1026
(A) grant the one-time, permanent increase described in Subsection (2)(c)(i)(A); or
1027
(B) grant the short-term increase described in Subsection (2)(c)(i)(B).
1028
(d) If a licensee describes an intended acreage or square footage under cultivation under
1029
Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b), the
1030
licensee may not cultivate more than the licensee's identified intended acreage or
1031
square footage under cultivation.
1032
(e) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative
1033
Rulemaking Act, establish a formula for combined usage of indoor and outdoor
1034
cultivation that:
1035
(i) does not exceed, in estimated cultivation yield, the aggregate limitations described
1036
in Subsection (2)(b)(i) or (ii); and
1037
(ii) allows a cannabis cultivation facility to operate both indoors and outdoors.
1038
(f)(i) The department may authorize a cannabis cultivation facility to operate at no
1039
more than two separate locations.
1040
(ii) If the department authorizes multiple locations under Subsection (2)(f)(i), the two
1041
cannabis cultivation facility locations combined may not exceed the cultivation
1042
limitations described in this Subsection (2).
1043
(3) A cannabis processing facility's operating plan shall include the facility's intended
- 31 - H.B. 253 Enrolled Copy
1044
cannabis processing practices, including the cannabis processing facility's intended:
1045
(a) offered variety of cannabis product;
1046
(b) cannabinoid extraction method;
1047
(c) cannabinoid extraction equipment;
1048
(d) processing equipment;
1049
(e) processing techniques; and
1050
(f) sanitation and manufacturing safety procedures for items for human consumption.
1051
(4) An independent cannabis testing laboratory's operating plan shall include the
1052
laboratory's intended:
1053
(a) cannabis and cannabis product testing capability;
1054
(b) cannabis and cannabis product testing equipment; and
1055
(c) testing methods, standards, practices, and procedures for testing cannabis and
1056
cannabis products.
1057
(5) Notwithstanding an applicant's proposed operating plan, a cannabis production
1058
establishment is subject to land use regulations, as defined in Sections 10-9a-103 and
1059
17-27a-103, regarding the availability of outdoor cultivation in an industrial zone.
1060
Section 29. Section 4-46-302 is amended to read:
1061
4-46-302 . Program -- Use of money in fund -- Criteria -- Administration.
1062
(1) Subject to Subsection (2), the board shall administer the LeRay McAllister Working
1063
Farm and Ranch Fund Program under which the board may authorize the use of money
1064
in the fund, by grant, to:
1065
(a) a local entity;
1066
(b) the Department of Natural Resources created under Section 79-2-201;
1067
(c) an entity within the department; or
1068
(d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3),
1069
Internal Revenue Code.
1070
(2)(a) The money in the fund shall be used for preserving or restoring open land and
1071
agricultural land.
1072
(b) Except as provided in Subsection (2)(c), money from the fund:
1073
(i) may be used to:
1074
(A) establish a conservation easement under Title 57, Chapter 18, Land
1075
Conservation Easement Act; or
1076
(B) fund similar methods to preserve open land or agricultural land; and
1077
(ii) may not be used to purchase a fee interest in real property to preserve open land
- 32 - Enrolled Copy H.B. 253
1078
or agricultural land.
1079
(c) Money from the fund may be used to purchase a fee interest in real property to
1080
preserve open land or agricultural land if:
1081
(i) the property to be purchased is no more than 20 acres in size; and
1082
(ii) with respect to a parcel purchased in a county in which over 50% of the land area
1083
is publicly owned, real property roughly equivalent in size and located within that
1084
county is contemporaneously transferred to private ownership from the
1085
governmental entity that purchased the fee interest in real property.
1086
(d) Eminent domain may not be used or threatened in connection with any purchase
1087
using money from the fund.
1088
(e) A parcel of land larger than 20 acres in size may not be divided to create one or more
1089
parcels that are smaller than 20 acres in order to comply with Subsection (2)(c)(i).
1090
(f) A local entity, department, or organization under Subsection (1) may not receive
1091
money from the fund unless the local entity, department, or organization provides
1092
matching funds equal to or greater than the amount of money received from the fund.
1093
(g) In granting money from the fund, the board may impose conditions on the recipient
1094
as to how the money is to be spent.
1095
(h) The board shall give priority to:
1096
(i) working agricultural land; and
1097
(ii) after giving priority to working agricultural land under Subsection (2)(h)(i),
1098
requests from the Department of Natural Resources for up to 20% of each annual
1099
increase in the amount of money in the fund if the money is used for the
1100
protection of wildlife or watershed.
1101
(i)(i) The board may not make a grant from the fund that exceeds $1,000,000 until
1102
after making a report to the Legislative Management Committee about the grant.
1103
(ii) The Legislative Management Committee may make a recommendation to the
1104
board concerning the intended grant, but the recommendation is not binding on
1105
the board.
1106
(3) In determining the amount and type of financial assistance to provide a local entity,
1107
department, or organization under Subsection (1) and subject to Subsection (2)(i), the
1108
board shall consider:
1109
(a) the nature and amount of open land and agricultural land proposed to be preserved or
1110
restored;
1111
(b) the qualities of the open land and agricultural land proposed to be preserved or
- 33 - H.B. 253 Enrolled Copy
1112
restored;
1113
(c) the cost effectiveness of the project to preserve or restore open land or agricultural
1114
land;
1115
(d) the funds available;
1116
(e) the number of actual and potential applications for financial assistance and the
1117
amount of money sought by those applications;
1118
(f) the open land preservation plan of the local entity where the project is located and the
1119
priority placed on the project by that local entity;
1120
(g) the effects on housing affordability and diversity; and
1121
(h) whether the project protects against the loss of private property ownership.
1122
(4) If a local entity, department, or organization under Subsection (1) seeks money from the
1123
fund for a project whose purpose is to protect critical watershed, the board shall require
1124
that the needs and quality of that project be verified by the state engineer.
1125
(5) An interest in real property purchased with money from the fund shall be held and
1126
administered by the state or a local entity.
1127
(6)(a) The board may not authorize the use of money under this section for a project
1128
unless the land use authority for the land in which the project is located consents to
1129
the project.
1130
(b) To obtain consent to a project, the person who is seeking money from the fund shall
1131
submit a request for consent to a project with the applicable land use authority. The
1132
land use authority may grant or deny consent. If the land use authority does not take
1133
action within 60 days from the day on which the request for consent is filed with the
1134
land use authority under this Subsection (6), the board shall treat the project as
1135
having the consent of the land use authority.
1136
(c) An action of a land use authority under this Subsection (6) is not a land use decision
1137
subject to:
1138
(i) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
1139
(ii) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
1140
Section 30. Section 4-46-304 is amended to read:
1141
4-46-304 . Agriculture Conservation Easement Account.
1142
(1) There is created [within the General Fund a restricted account] an expendable special
1143
revenue fund known as the Agriculture Conservation Easement Account.
1144
(2) The Agriculture Conservation Easement Account consists of:
1145
(a) conservation easement stewardship fees;
- 34 - Enrolled Copy H.B. 253
1146
(b) grants from private foundations;
1147
(c) grants from local governments, the state, or the federal government;
1148
(d) grants from the Land Conservation Board created under Section 4-46-201;
1149
(e) donations from landowners for monitoring and enforcing compliance with
1150
conservation easements;
1151
(f) donations from any other person; and
1152
(g) interest on account money.
1153
(3) [Upon appropriation by the Legislature, the] The department shall use money from the
1154
account to monitor and enforce compliance with conservation easements held by the
1155
department.
1156
(4) The department may not receive or expend donations from the account to acquire
1157
conservation easements.
1158
Section 31. Section 10-11-1 is amended to read:
1159
10-11-1 . Abatement of weeds, garbage, public nuisances, and hazardous
1160
materials -- Selection of service provider.
1161
(1) As used in this chapter, "hazardous materials" means the same as that term is defined in
1162
Section 19-6-902.
1163
(2) A municipal legislative body may:
1164
(a) designate and regulate the abatement of:
1165
(i) the growth and spread of injurious and noxious weeds;
1166
(ii) garbage and refuse;
1167
(iii) a public nuisance;
1168
(iv) an illegal object or structure; or
1169
(v) for a structure or any real property closed to occupancy or entry by a local health
1170
department, hazardous materials; and
1171
(b) appoint a municipal inspector for the purpose of carrying out and in accordance with
1172
the provisions of this chapter.
1173
(3) A municipal legislative body may not:
1174
(a) prohibit an owner or occupant of real property within the municipality's jurisdiction,
1175
including an owner or occupant who receives a notice in accordance with Section
1176
10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an
1177
abatement service for injurious and noxious weeds, garbage and refuse, a public
1178
nuisance, or an illegal object or structure; or
1179
(b) require that an owner or occupant described in Subsection (3)(a) use the services of
- 35 - H.B. 253 Enrolled Copy
1180
the municipal inspector or any assistance employed by the municipal inspector
1181
described in Section 10-11-3 to provide an abatement service described in Subsection
1182
(3)(a).
1183
(4) A municipality may require that an owner or occupant described in Subsection (3)(a)
1184
use the abatement services, as described in Section 10-11-3, of the municipal inspector,
1185
including the use of a certified decontamination specialist as described in Section
1186
19-6-906, or any assistance employed by the municipal inspector if:
1187
(a) the municipality adopts an ordinance providing a reasonable period of time of at least
1188
10 days for an owner or occupant to abate the owner's or occupant's property after
1189
receiving a notice described in Section 10-11-2; and
1190
(b) the owner or occupant fails to abate the property within the reasonable period of time
1191
and in accordance with the notice.
1192
(5) A municipality may require that an owner or occupant use the abatement services of a
1193
certified decontamination specialist to abate hazardous materials.
1194
(6) Nothing in this chapter may be construed:
1195
(a) as authorizing a municipality to regulate items that are within the exclusive
1196
jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305,
1197
including commercial feed, [fertilizer] plant food, pesticides, and seeds; or
1198
(b) as limiting or abrogating the authority of a local health department under Section
1199
19-6-905.
1200
Section 32. Section 11-46b-101 is enacted to read:
1201
CHAPTER 46b. REGULATION OF LIVESTOCK
1202
11-46b-101 . Definitions.
1203
As used in this chapter:
1204
(1) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, or domesticated
1205
elk as defined in Section 4-39-102.
1206
(2) "Political subdivision" means:
1207
(a) a municipality as defined in Section 10-1-104; or
1208
(b) a county, as it relates to the regulation of livestock in the unincorporated area of the
1209
county.
1210
Section 33. Section 11-46b-102 is enacted to read:
1211
11-46b-102 . Actions allowed regarding livestock.
1212
(1) If an ordinance, resolution, or policy of a political subdivision permits a person to own
1213
livestock within the political subdivision's boundaries, the political subdivision shall, in
- 36 - Enrolled Copy H.B. 253
1214
accordance with this chapter, permit the person to trade, sell, or otherwise transfer the
1215
livestock up to the number of livestock the person is permitted to own by the political
1216
subdivision.
1217
(2) A political subdivision may require a business license for a person described in
1218
Subsection (1) to trade, sell, or otherwise transfer livestock, except that the political
1219
subdivision may not deny the issuance of a business license based in whole or in part on
1220
the fact that the person owns livestock or is trading, selling, or otherwise transferring the
1221
livestock.
1222
Section 34. Section 59-12-103 is amended to read:
1223
59-12-103 . Sales and use tax base -- Rates -- Effective dates -- Use of sales and
1224
use tax revenue.
1225
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales
1226
price for amounts paid or charged for the following transactions:
1227
(a) retail sales of tangible personal property made within the state;
1228
(b) amounts paid for:
1229
(i) telecommunications service, other than mobile telecommunications service, that
1230
originates and terminates within the boundaries of this state;
1231
(ii) mobile telecommunications service that originates and terminates within the
1232
boundaries of one state only to the extent permitted by the Mobile
1233
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1234
(iii) an ancillary service associated with a:
1235
(A) telecommunications service described in Subsection (1)(b)(i); or
1236
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
1237
(c) sales of the following for commercial use:
1238
(i) gas;
1239
(ii) electricity;
1240
(iii) heat;
1241
(iv) coal;
1242
(v) fuel oil; or
1243
(vi) other fuels;
1244
(d) sales of the following for residential use:
1245
(i) gas;
1246
(ii) electricity;
1247
(iii) heat;
- 37 - H.B. 253 Enrolled Copy
1248
(iv) coal;
1249
(v) fuel oil; or
1250
(vi) other fuels;
1251
(e) sales of prepared food;
1252
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1253
user fees for theaters, movies, operas, museums, planetariums, shows of any type or
1254
nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
1255
menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling
1256
matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling
1257
lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts,
1258
ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides,
1259
river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or
1260
any other amusement, entertainment, recreation, exhibition, cultural, or athletic
1261
activity;
1262
(g) amounts paid or charged for services for repairs or renovations of tangible personal
1263
property, unless Section 59-12-104 provides for an exemption from sales and use tax
1264
for:
1265
(i) the tangible personal property; and
1266
(ii) parts used in the repairs or renovations of the tangible personal property described
1267
in Subsection (1)(g)(i), regardless of whether:
1268
(A) any parts are actually used in the repairs or renovations of that tangible
1269
personal property; or
1270
(B) the particular parts used in the repairs or renovations of that tangible personal
1271
property are exempt from a tax under this chapter;
1272
(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted
1273
cleaning or washing of tangible personal property;
1274
(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer
1275
court accommodations and services;
1276
(j) amounts paid or charged for laundry or dry cleaning services;
1277
(k) amounts paid or charged for leases or rentals of tangible personal property if within
1278
this state the tangible personal property is:
1279
(i) stored;
1280
(ii) used; or
1281
(iii) otherwise consumed;
- 38 - Enrolled Copy H.B. 253
1282
(l) amounts paid or charged for tangible personal property if within this state the tangible
1283
personal property is:
1284
(i) stored;
1285
(ii) used; or
1286
(iii) consumed;
1287
(m) amounts paid or charged for a sale:
1288
(i)(A) of a product transferred electronically; or
1289
(B) of a repair or renovation of a product transferred electronically; and
1290
(ii) regardless of whether the sale provides:
1291
(A) a right of permanent use of the product; or
1292
(B) a right to use the product that is less than a permanent use, including a right:
1293
(I) for a definite or specified length of time; and
1294
(II) that terminates upon the occurrence of a condition; and
1295
(n) sales of leased tangible personal property from the lessor to the lessee made in the
1296
state.
1297
(2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are
1298
imposed on a transaction described in Subsection (1) equal to the sum of:
1299
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1300
(A) 4.70% plus the rate specified in Subsection (11)(a); and
1301
(B)(I) the tax rate the state imposes in accordance with Part 18, Additional
1302
State Sales and Use Tax Act, if the location of the transaction as determined
1303
under Sections 59-12-211 through 59-12-215 is in a county in which the
1304
state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
1305
and
1306
(II) the tax rate the state imposes in accordance with Part 20, Supplemental
1307
State Sales and Use Tax Act, if the location of the transaction as determined
1308
under Sections 59-12-211 through 59-12-215 is in a city, town, or the
1309
unincorporated area of a county in which the state imposes the tax under
1310
Part 20, Supplemental State Sales and Use Tax Act; and
1311
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1312
transaction under this chapter other than this part.
1313
(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
1314
tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
1315
to the sum of:
- 39 - H.B. 253 Enrolled Copy
1316
(i) a state tax imposed on the transaction at a tax rate of 2%; and
1317
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1318
transaction under this chapter other than this part.
1319
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
1320
on amounts paid or charged for food and food ingredients equal to the sum of:
1321
(i) a state tax imposed on the amounts paid or charged for food and food ingredients
1322
at a tax rate of 1.75%; and
1323
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1324
amounts paid or charged for food and food ingredients under this chapter other
1325
than this part.
1326
(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
1327
or charged for fuel to a common carrier that is a railroad for use in a locomotive
1328
engine at a rate of 4.85%.
1329
(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
1330
prescribed by the commission, that the shared vehicle is an individual-owned
1331
shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
1332
car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
1333
owner.
1334
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
1335
required once during the time that the shared vehicle owner owns the shared
1336
vehicle.
1337
(C) The commission shall verify that a shared vehicle is an individual-owned
1338
shared vehicle by verifying that the applicable Utah taxes imposed under this
1339
chapter were paid on the purchase of the shared vehicle.
1340
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
1341
individual-owned shared vehicle shared through a car-sharing program even if
1342
non-certified shared vehicles are also available to be shared through the same
1343
car-sharing program.
1344
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
1345
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
1346
representation that the shared vehicle is an individual-owned shared vehicle
1347
certified with the commission as described in Subsection (2)(e)(i).
1348
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
1349
representation that the shared vehicle is an individual-owned shared vehicle
- 40 - Enrolled Copy H.B. 253
1350
certified with the commission as described in Subsection (2)(e)(i), the
1351
car-sharing program is not liable for any tax, penalty, fee, or other sanction
1352
imposed on the shared vehicle owner.
1353
(iv) If all shared vehicles shared through a car-sharing program are certified as
1354
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
1355
no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
1356
period.
1357
(v) A car-sharing program is not required to list or otherwise identify an
1358
individual-owned shared vehicle on a return or an attachment to a return.
1359
(vi) A car-sharing program shall:
1360
(A) retain tax information for each car-sharing program transaction; and
1361
(B) provide the information described in Subsection (2)(e)(vi)(A) to the
1362
commission at the commission's request.
1363
(f)(i) For a bundled transaction that is attributable to food and food ingredients and
1364
tangible personal property other than food and food ingredients, a state tax and a
1365
local tax is imposed on the entire bundled transaction equal to the sum of:
1366
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
1367
(I) the tax rate described in Subsection (2)(a)(i)(A); and
1368
(II)(Aa) the tax rate the state imposes in accordance with Part 18,
1369
Additional State Sales and Use Tax Act, if the location of the transaction
1370
as determined under Sections 59-12-211 through 59-12-215 is in a
1371
county in which the state imposes the tax under Part 18, Additional State
1372
Sales and Use Tax Act; and
1373
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
1374
State Sales and Use Tax Act, if the location of the transaction as
1375
determined under Sections 59-12-211 through 59-12-215 is in a city,
1376
town, or the unincorporated area of a county in which the state imposes
1377
the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1378
(B) a local tax imposed on the entire bundled transaction at the sum of the tax
1379
rates described in Subsection (2)(a)(ii).
1380
(ii) If an optional computer software maintenance contract is a bundled transaction
1381
that consists of taxable and nontaxable products that are not separately itemized
1382
on an invoice or similar billing document, the purchase of the optional computer
1383
software maintenance contract is 40% taxable under this chapter and 60%
- 41 - H.B. 253 Enrolled Copy
1384
nontaxable under this chapter.
1385
(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
1386
transaction described in Subsection (2)(f)(i) or (ii):
1387
(A) if the sales price of the bundled transaction is attributable to tangible personal
1388
property, a product, or a service that is subject to taxation under this chapter
1389
and tangible personal property, a product, or service that is not subject to
1390
taxation under this chapter, the entire bundled transaction is subject to taxation
1391
under this chapter unless:
1392
(I) the seller is able to identify by reasonable and verifiable standards the
1393
tangible personal property, product, or service that is not subject to taxation
1394
under this chapter from the books and records the seller keeps in the seller's
1395
regular course of business; or
1396
(II) state or federal law provides otherwise; or
1397
(B) if the sales price of a bundled transaction is attributable to two or more items
1398
of tangible personal property, products, or services that are subject to taxation
1399
under this chapter at different rates, the entire bundled transaction is subject to
1400
taxation under this chapter at the higher tax rate unless:
1401
(I) the seller is able to identify by reasonable and verifiable standards the
1402
tangible personal property, product, or service that is subject to taxation
1403
under this chapter at the lower tax rate from the books and records the seller
1404
keeps in the seller's regular course of business; or
1405
(II) state or federal law provides otherwise.
1406
(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
1407
seller's regular course of business includes books and records the seller keeps in
1408
the regular course of business for nontax purposes.
1409
(g)(i) Except as otherwise provided in this chapter and subject to Subsections
1410
(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
1411
personal property, a product, or a service that is subject to taxation under this
1412
chapter, and the sale, lease, or rental of tangible personal property, other property,
1413
a product, or a service that is not subject to taxation under this chapter, the entire
1414
transaction is subject to taxation under this chapter unless the seller, at the time of
1415
the transaction:
1416
(A) separately states the portion of the transaction that is not subject to taxation
1417
under this chapter on an invoice, bill of sale, or similar document provided to
- 42 - Enrolled Copy H.B. 253
1418
the purchaser; or
1419
(B) is able to identify by reasonable and verifiable standards, from the books and
1420
records the seller keeps in the seller's regular course of business, the portion of
1421
the transaction that is not subject to taxation under this chapter.
1422
(ii) A purchaser and a seller may correct the taxability of a transaction if:
1423
(A) after the transaction occurs, the purchaser and the seller discover that the
1424
portion of the transaction that is not subject to taxation under this chapter was
1425
not separately stated on an invoice, bill of sale, or similar document provided
1426
to the purchaser because of an error or ignorance of the law; and
1427
(B) the seller is able to identify by reasonable and verifiable standards, from the
1428
books and records the seller keeps in the seller's regular course of business, the
1429
portion of the transaction that is not subject to taxation under this chapter.
1430
(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
1431
keeps in the seller's regular course of business includes books and records the
1432
seller keeps in the regular course of business for nontax purposes.
1433
(h)(i) If the sales price of a transaction is attributable to two or more items of tangible
1434
personal property, products, or services that are subject to taxation under this
1435
chapter at different rates, the entire purchase is subject to taxation under this
1436
chapter at the higher tax rate unless the seller, at the time of the transaction:
1437
(A) separately states the items subject to taxation under this chapter at each of the
1438
different rates on an invoice, bill of sale, or similar document provided to the
1439
purchaser; or
1440
(B) is able to identify by reasonable and verifiable standards the tangible personal
1441
property, product, or service that is subject to taxation under this chapter at the
1442
lower tax rate from the books and records the seller keeps in the seller's regular
1443
course of business.
1444
(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
1445
seller's regular course of business includes books and records the seller keeps in
1446
the regular course of business for nontax purposes.
1447
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
1448
imposed under the following shall take effect on the first day of a calendar quarter:
1449
(i) Subsection (2)(a)(i)(A);
1450
(ii) Subsection (2)(b)(i);
1451
(iii) Subsection (2)(c)(i); or
- 43 - H.B. 253 Enrolled Copy
1452
(iv) Subsection (2)(f)(i)(A)(I).
1453
(j)(i) A tax rate increase takes effect on the first day of the first billing period that
1454
begins on or after the effective date of the tax rate increase if the billing period for
1455
the transaction begins before the effective date of a tax rate increase imposed
1456
under:
1457
(A) Subsection (2)(a)(i)(A);
1458
(B) Subsection (2)(b)(i);
1459
(C) Subsection (2)(c)(i); or
1460
(D) Subsection (2)(f)(i)(A)(I).
1461
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1462
statement for the billing period is rendered on or after the effective date of the
1463
repeal of the tax or the tax rate decrease imposed under:
1464
(A) Subsection (2)(a)(i)(A);
1465
(B) Subsection (2)(b)(i);
1466
(C) Subsection (2)(c)(i); or
1467
(D) Subsection (2)(f)(i)(A)(I).
1468
(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
1469
is computed on the basis of sales and use tax rates published in the catalogue, a
1470
tax rate repeal or change in a tax rate takes effect:
1471
(A) on the first day of a calendar quarter; and
1472
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
1473
change.
1474
(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
1475
(A) Subsection (2)(a)(i)(A);
1476
(B) Subsection (2)(b)(i);
1477
(C) Subsection (2)(c)(i); or
1478
(D) Subsection (2)(f)(i)(A)(I).
1479
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1480
the commission may by rule define the term "catalogue sale."
1481
(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine
1482
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel
1483
based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other
1484
fuel at the location.
1485
(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
- 44 - Enrolled Copy H.B. 253
1486
or other fuel is furnished through a single meter for two or more of the following
1487
uses:
1488
(A) a commercial use;
1489
(B) an industrial use; or
1490
(C) a residential use.
1491
(3)(a) The following state taxes shall be deposited into the General Fund:
1492
(i) the tax imposed by Subsection (2)(a)(i)(A);
1493
(ii) the tax imposed by Subsection (2)(b)(i);
1494
(iii) the tax imposed by Subsection (2)(c)(i); and
1495
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1496
(b) The following local taxes shall be distributed to a county, city, or town as provided
1497
in this chapter:
1498
(i) the tax imposed by Subsection (2)(a)(ii);
1499
(ii) the tax imposed by Subsection (2)(b)(ii);
1500
(iii) the tax imposed by Subsection (2)(c)(ii); and
1501
(iv) the tax imposed by Subsection (2)(f)(i)(B).
1502
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
1503
(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1504
2003, the lesser of the following amounts shall be expended as provided in
1505
Subsections (4)(b) through (g):
1506
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1507
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1508
(B) for the fiscal year; or
1509
(ii) $17,500,000.
1510
(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% 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 Wildlife Resources to:
1513
(A) implement the measures described in Subsections 23A-3-214(3)(a) through (d)
1514
to protect sensitive plant and animal species; or
1515
(B) award grants, up to the amount authorized by the Legislature in an
1516
appropriations act, to political subdivisions of the state to implement the
1517
measures described in Subsections 23A-3-214(3)(a) through (d) to protect
1518
sensitive plant and animal species.
1519
(ii) Money transferred to the Division of Wildlife Resources under Subsection
- 45 - H.B. 253 Enrolled Copy
1520
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
1521
any other person to list or attempt to have listed a species as threatened or
1522
endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
1523
seq.
1524
(iii) At the end of each fiscal year:
1525
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1526
the Water Resources Conservation and Development Fund created in Section
1527
73-10-24;
1528
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1529
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1530
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1531
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1532
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1533
Subsection (4)(a) shall be [deposited each year in the Agriculture Resource
1534
Development Fund created in Section 4-18-106] transferred each year as designated
1535
sales and use tax revenue to the Division of Conservation created in Section 4-46-401
1536
to implement water related programs.
1537
(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
1538
described in Subsection (4)(a) shall be transferred each year as designated sales
1539
and use tax revenue to the Division of Water Rights to cover the costs incurred in
1540
hiring legal and technical staff for the adjudication of water rights.
1541
(ii) At the end of each fiscal year:
1542
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1543
the Water Resources Conservation and Development Fund created in Section
1544
73-10-24;
1545
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1546
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1547
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1548
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1549
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
1550
described in Subsection (4)(a) shall be deposited into the Water Resources
1551
Conservation and Development Fund created in Section 73-10-24 for use by the
1552
Division of Water Resources.
1553
(ii) In addition to the uses allowed of the Water Resources Conservation and
- 46 - Enrolled Copy H.B. 253
1554
Development Fund under Section 73-10-24, the Water Resources Conservation
1555
and Development Fund may also be used to:
1556
(A) conduct hydrologic and geotechnical investigations by the Division of Water
1557
Resources in a cooperative effort with other state, federal, or local entities, for
1558
the purpose of quantifying surface and ground water resources and describing
1559
the hydrologic systems of an area in sufficient detail so as to enable local and
1560
state resource managers to plan for and accommodate growth in water use
1561
without jeopardizing the resource;
1562
(B) fund state required dam safety improvements; and
1563
(C) protect the state's interest in interstate water compact allocations, including the
1564
hiring of technical and legal staff.
1565
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
1566
Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
1567
Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
1568
wastewater projects.
1569
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1570
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
1571
Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
1572
(i) provide for the installation and repair of collection, treatment, storage, and
1573
distribution facilities for any public water system, as defined in Section 19-4-102;
1574
(ii) develop underground sources of water, including springs and wells; and
1575
(iii) develop surface water sources.
1576
(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1577
2006, the difference between the following amounts shall be expended as provided in
1578
this Subsection (5), if that difference is greater than $1:
1579
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
1580
the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
1581
and
1582
(ii) $17,500,000.
1583
(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1584
(A) transferred each fiscal year to the Department of Natural Resources as
1585
designated sales and use tax revenue; and
1586
(B) expended by the Department of Natural Resources for watershed rehabilitation
1587
or restoration.
- 47 - H.B. 253 Enrolled Copy
1588
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1589
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
1590
Conservation and Development Fund created in Section 73-10-24.
1591
(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1592
remaining difference described in Subsection (5)(a) shall be:
1593
(A) transferred each fiscal year to the Division of Water Resources as designated
1594
sales and use tax revenue; and
1595
(B) expended by the Division of Water Resources for cloud-seeding projects
1596
authorized by Title 73, Chapter 15, Modification of Weather.
1597
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1598
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
1599
Conservation and Development Fund created in Section 73-10-24.
1600
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
1601
remaining difference described in Subsection (5)(a) shall be deposited into the Water
1602
Resources Conservation and Development Fund created in Section 73-10-24 for use
1603
by the Division of Water Resources for:
1604
(i) preconstruction costs:
1605
(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
1606
Chapter 26, Bear River Development Act; and
1607
(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
1608
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1609
(ii) the cost of employing a civil engineer to oversee any project authorized by Title
1610
73, Chapter 26, Bear River Development Act;
1611
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
1612
project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
1613
Act; and
1614
(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
1615
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
1616
through (iii).
1617
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
1618
remaining difference described in Subsection (5)(a) shall be deposited each year into
1619
the Water Rights Restricted Account created by Section 73-2-1.6.
1620
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
1621
fiscal year, the commission shall deposit into the Water Infrastructure Restricted
- 48 - Enrolled Copy H.B. 253
1622
Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
1623
rate on the transactions described in Subsection (1) for the fiscal year.
1624
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
1625
for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
1626
the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
1627
the taxes listed under Subsection (3)(a) equal to 17% of the revenue collected from
1628
the following sales and use taxes:
1629
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1630
(ii) the tax imposed by Subsection (2)(b)(i);
1631
(iii) the tax imposed by Subsection (2)(c)(i); and
1632
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1633
(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1634
annually reduce the deposit under Subsection (7)(a) into the Transportation
1635
Investment Fund of 2005 by an amount equal to .44% of the revenue collected
1636
from the following sales and use taxes:
1637
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1638
(B) the tax imposed by Subsection (2)(b)(i);
1639
(C) the tax imposed by Subsection (2)(c)(i); and
1640
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1641
(ii) The commission shall annually deposit the amount described in Subsection
1642
(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
1643
Section 72-2-124.
1644
(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
1645
2023, the commission shall annually reduce the deposit into the Transportation
1646
Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
1647
equal to 5% of:
1648
(A) the amount of revenue generated in the current fiscal year by the portion of
1649
taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
1650
collected from taxes described in Subsections (7)(a)(i) through (iv);
1651
(B) the amount of revenue generated in the current fiscal year by registration fees
1652
designated under Section 41-1a-1201 to be deposited into the Transportation
1653
Investment Fund of 2005; and
1654
(C) revenue transferred by the Division of Finance to the Transportation
1655
Investment Fund of 2005 in accordance with Section 72-2-106 in the current
- 49 - H.B. 253 Enrolled Copy
1656
fiscal year.
1657
(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
1658
given fiscal year.
1659
(iii) The commission shall annually deposit the amount described in Subsection
1660
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
1661
72-2-124(11).
1662
(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1663
annually reduce the deposit into the Transportation Investment Fund of 2005
1664
under this Subsection (7) by an amount that is equal to 1% of the revenue
1665
collected from the following sales and use taxes:
1666
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1667
(B) the tax imposed by Subsection (2)(b)(i);
1668
(C) the tax imposed by Subsection (2)(c)(i); and
1669
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1670
(ii) The commission shall annually deposit the amount described in Subsection
1671
(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
1672
(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
1673
Subsection (7), and subject to Subsections (8)(b)[ and (d)(ii)], for a fiscal year
1674
beginning on or after July 1, 2018, the commission shall annually deposit into the
1675
Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the
1676
taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the revenue
1677
collected from the following taxes:
1678
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1679
(ii) the tax imposed by Subsection (2)(b)(i);
1680
(iii) the tax imposed by Subsection (2)(c)(i); and
1681
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1682
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
1683
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
1684
(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
1685
current fiscal year by the portion of the tax imposed on motor and special fuel that is
1686
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
1687
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
1688
into the Transit Transportation Investment Fund created in Section 72-2-124.
1689
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
- 50 - Enrolled Copy H.B. 253
1690
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
1691
Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
1692
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
1693
year during which the commission receives notice under Section 63N-2-510 that
1694
construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
1695
commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
1696
revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
1697
Mitigation Fund, created in Section 63N-2-512.
1698
(11)(a) The rate specified in this subsection is 0.15%.
1699
(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
1700
on or after July 1, 2019, annually transfer the amount of revenue collected from the
1701
rate described in Subsection (11)(a) on the transactions that are subject to the sales
1702
and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
1703
Section 26B-1-315.
1704
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1705
2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
1706
credit solely for use of the Search and Rescue Financial Assistance Program created in,
1707
and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
1708
(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
1709
annually transfer $1,813,400 of the revenue deposited into the Transportation
1710
Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.
1711
(b) If the total revenue deposited into the Transportation Investment Fund of 2005 under
1712
Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
1713
transfer the total revenue deposited into the Transportation Investment Fund of 2005
1714
under Subsections (7) and (8) during the fiscal year to the General Fund.
1715
(14) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610, beginning
1716
the first day of the calendar quarter one year after the sales and use tax boundary for a
1717
housing and transit reinvestment zone is established, the commission, at least annually,
1718
shall transfer an amount equal to 15% of the sales and use tax increment within an
1719
established sales and use tax boundary, as defined in Section 63N-3-602, into the Transit
1720
Transportation Investment Fund created in Section 72-2-124.
1721
(15) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
1722
on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure Restricted
1723
Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
- 51 - H.B. 253 Enrolled Copy
1724
(3)(a) equal to 1% of the revenue collected from the following sales and use taxes:
1725
(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1726
(b) the tax imposed by Subsection (2)(b)(i);
1727
(c) the tax imposed by Subsection (2)(c)(i); and
1728
(d) the tax imposed by Subsection (2)(f)(i)(A)(I).
1729
(16) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission shall
1730
transfer to the Utah Fairpark Area Investment and Restoration District, created in
1731
Section 11-70-201, the revenue from the sales and use tax imposed by Subsection
1732
(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as
1733
defined in Section 11-70-101.
1734
(17)(a) As used in this Subsection (17):
1735
(i) "Additional land" means point of the mountain state land described in Subsection
1736
11-59-102(6)(b) that the point of the mountain authority acquires after the point of
1737
the mountain authority provides the commission a map under Subsection (17)(c).
1738
(ii) "Point of the mountain authority" means the Point of the Mountain State Land
1739
Authority, created in Section 11-59-201.
1740
(iii) "Point of the mountain state land" means the same as that term is defined in
1741
Section 11-59-102.
1742
(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the
1743
mountain authority 50% of the revenue from the sales and use tax imposed by
1744
Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the
1745
mountain state land.
1746
(c) The distribution under Subsection (17)(b) shall begin the next calendar quarter that
1747
begins at least 90 days after the point of the mountain authority provides the
1748
commission a map that:
1749
(i) accurately describes the point of the mountain state land; and
1750
(ii) the point of the mountain authority certifies as accurate.
1751
(d) A distribution under Subsection (17)(b) with respect to additional land shall begin
1752
the next calendar quarter that begins at least 90 days after the point of the mountain
1753
authority provides the commission a map of point of the mountain state land that:
1754
(i) accurately describes the point of the mountain state land, including the additional
1755
land; and
1756
(ii) the point of the mountain authority certifies as accurate.
1757
(e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue
- 52 - Enrolled Copy H.B. 253
1758
distributed to the point of the mountain authority under Subsection (17)(b), the
1759
point of the mountain authority shall immediately notify the commission in
1760
writing that the bonds are paid in full.
1761
(ii) The commission shall discontinue distributions of sales and use tax revenue under
1762
Subsection (17)(b) at the beginning of the calendar quarter that begins at least 90
1763
days after the date that the commission receives the written notice under
1764
Subsection (17)(e)(i).
1765
Section 35. Section 63J-1-602.2 is amended to read:
1766
63J-1-602.2 . List of nonlapsing appropriations to programs.
1767
Appropriations made to the following programs are nonlapsing:
1768
(1) The Legislature and the Legislature's committees.
1769
(2) The State Board of Education, including all appropriations to agencies, line items, and
1770
programs under the jurisdiction of the State Board of Education, in accordance with
1771
Section 53F-9-103.
1772
(3) The Rangeland Improvement Act created in Section 4-20-101.
1773
(4) The Percent-for-Art Program created in Section 9-6-404.
1774
(5) The LeRay McAllister Working Farm and Ranch Fund Program created in [Section
1775
4-46-301] Title 4, Chapter 46, Part 3, LeRay McAllister Working Farm and Ranch Fund
1776
Program.
1777
(6) The Utah Lake Authority created in Section 11-65-201.
1778
(7) Dedicated credits accrued to the Utah Marriage Commission as provided under
1779
Subsection 17-16-21(2)(d)(ii).
1780
(8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
1781
(9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
1782
26B-3-108(7).
1783
(10) The primary care grant program created in Section 26B-4-310.
1784
(11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
1785
(12) The Utah Health Care Workforce Financial Assistance Program created in Section
1786
26B-4-702.
1787
(13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
1788
(14) The Utah Medical Education Council for the:
1789
(a) administration of the Utah Medical Education Program created in Section 26B-4-707;
1790
(b) provision of medical residency grants described in Section 26B-4-711; and
1791
(c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712.
- 53 - H.B. 253 Enrolled Copy
1792
(15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402.
1793
(16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
1794
created in Section 26B-7-122.
1795
(17) Funds that the Department of Alcoholic Beverage Services retains in accordance with
1796
Subsection 32B-2-301(8)(a) or (b).
1797
(18) The General Assistance program administered by the Department of Workforce
1798
Services, as provided in Section 35A-3-401.
1799
(19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
1800
(20) The Search and Rescue Financial Assistance Program, as provided in Section
1801
53-2a-1102.
1802
(21) The Emergency Medical Services Grant Program in Section 53-2d-207.
1803
(22) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1804
(23) The Utah Board of Higher Education for teacher preparation programs, as provided in
1805
Section 53B-6-104.
1806
(24) Innovation grants under Section 53G-10-608, except as provided in Subsection
1807
53G-10-608(6).
1808
(25) The Division of Fleet Operations for the purpose of upgrading underground storage
1809
tanks under Section 63A-9-401.
1810
(26) The Division of Technology Services for technology innovation as provided under
1811
Section 63A-16-903.
1812
(27) The State Capitol Preservation Board created by Section 63O-2-201.
1813
(28) The Office of Administrative Rules for publishing, as provided in Section 63G-3-402.
1814
(29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado
1815
River Authority of Utah Act.
1816
(30) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
1817
provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1818
(31) The Governor's Office of Economic Opportunity's Rural Employment Expansion
1819
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion
1820
Program.
1821
(32) County correctional facility contracting program for state inmates as described in
1822
Section 64-13e-103.
1823
(33) County correctional facility reimbursement program for state probationary inmates and
1824
state parole inmates as described in Section 64-13e-104.
1825
(34) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
- 54 - Enrolled Copy H.B. 253
1826
(35) The Division of Human Resource Management user training program, as provided in
1827
Section 63A-17-106.
1828
(36) A public safety answering point's emergency telecommunications service fund, as
1829
provided in Section 69-2-301.
1830
(37) The Traffic Noise Abatement Program created in Section 72-6-112.
1831
(38) The money appropriated from the Navajo Water Rights Negotiation Account to the
1832
Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
1833
settlement of federal reserved water right claims.
1834
(39) The Judicial Council for compensation for special prosecutors, as provided in Section
1835
77-10a-19.
1836
(40) A state rehabilitative employment program, as provided in Section 78A-6-210.
1837
(41) The Utah Geological Survey, as provided in Section 79-3-401.
1838
(42) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1839
(43) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
1840
78B-6-144.5.
1841
(44) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense
1842
Commission.
1843
(45) The program established by the Division of Facilities Construction and Management
1844
under Section 63A-5b-703 under which state agencies receive an appropriation and pay
1845
lease payments for the use and occupancy of buildings owned by the Division of
1846
Facilities Construction and Management.
1847
(46) The State Tax Commission for reimbursing counties for deferrals in accordance with
1848
Section 59-2-1802.5.
1849
(47) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
1850
Section 36. Section 73-10g-205 is amended to read:
1851
73-10g-205 . Agricultural Water Optimization Committee.
1852
(1) There is created in the department a committee known as the "Agricultural Water
1853
Optimization Committee" that consists of:
1854
(a) the commissioner of the department, or the commissioner's designee;
1855
(b) the director of the division, or the director's designee;
1856
(c) the director of the Division of Water Rights, or the director's designee;
1857
(d) the dean of the College of Agriculture and Applied Science from Utah State
1858
University, or the dean's designee;
1859
(e) one individual representing local conservation districts created by Title 17D, Chapter
- 55 - H.B. 253 Enrolled Copy
1860
3, Conservation District Act, appointed by the executive director of the Department
1861
of Natural Resources;
1862
(f) one individual representing water conservancy districts, appointed by the executive
1863
director of the Department of Natural Resources; and
1864
(g) three Utah residents representing the interests of the agriculture industry appointed
1865
by the executive director of the Department of Natural Resources.
1866
(2)(a) An individual appointed under Subsection (1) shall serve for a term of four years.
1867
(b) Notwithstanding the requirements of Subsection (2)(a), the executive director of the
1868
Department of Natural Resources shall, at the time of appointment or reappointment,
1869
adjust the length of terms to ensure that the terms of appointed members are
1870
staggered so that approximately half of the appointed members are appointed every
1871
two years.
1872
(3)(a) The presence of five members constitutes a quorum.
1873
(b) The vote of five members constitutes the transaction of business by the committee.
1874
(c) The committee shall select one of the committee's members to be chair. The
1875
committee may select a member to be vice chair to act in place of the chair:
1876
(i) during the absence or disability of the chair; or
1877
(ii) as requested by the chair.
1878
(d) The committee shall convene at the times and places prescribed by the chair.
1879
(4) A member may not receive compensation or benefits for the member's service, but may
1880
receive per diem and travel expenses in accordance with:
1881
(a) Section 63A-3-106;
1882
(b) Section 63A-3-107; and
1883
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1884
63A-3-107.
1885
(5) The department shall provide administrative support to the committee.
1886
(6) The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah
1887
Administrative Rulemaking Act, establishing:
1888
(a) eligibility requirements for a grant issued under Section 73-10g-206, except that the
1889
eligibility requirements shall:
1890
(i) require at least a match for grant money of 50% of the total costs, except that for a
1891
grant application filed on or after January 1, 2024, the eligibility requirements
1892
shall require at least a match of 25% of the total costs for:
1893
(A) a subsurface drip [or automated surge ]irrigation project;
- 56 - Enrolled Copy H.B. 253
1894
(B) an automated surge irrigation project; or
1895
(C) a measurement, telemetry, or reporting project;
1896
(ii) consider the statewide need to distribute grant money;
1897
(iii) require a grant recipient to construct or install and maintain one or more
1898
measuring devices as necessary to comply with Section 73-5-4 and rules adopted
1899
by the Division of Water Rights regarding installation, use, and maintenance of
1900
devices to measure water use and to demonstrate water use in accordance with a
1901
project funded by a grant; and
1902
(iv) require a grant recipient to report water diversion and use measurements to the
1903
state engineer pursuant to Section 73-5-4 and rules made by the state engineer, in
1904
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
1905
water measurement and reporting;
1906
(b) the process for applying for a grant issued under Section 73-10g-206; and
1907
(c) preliminary screening criteria to be used by the department under Subsection
1908
73-10g-206(2)(d).
1909
(7) The committee shall, in coordination with the division:
1910
(a) as of July 1, 2023, assume oversight of all remaining research and contracts of the
1911
previous Agricultural Water Optimization Task Force activities;
1912
(b) post research to address and account for farm economics at the enterprise and
1913
community level that affects agricultural water optimization and encourage market
1914
behavior that financially rewards agricultural water optimization practices;
1915
(c) oversee research to identify obstacles to and constraints upon optimization of
1916
agricultural water use, and to recommend management tools, technologies, and other
1917
opportunities to optimize agricultural water use as measured at the basin level; and
1918
(d) facilitate benefits for farmers who optimize water use and protect water quality.
1919
(8) The committee shall comply with Section 73-10g-206 related to grants issued under this
1920
part.
1921
Section 37. Repealer.
1922
This bill repeals:
1923
Section 4-13-101, Title.
1924
Section 4-18-107, Utah Agriculture Certificate of Environmental Stewardship Program.
1925
Section 19-5-105.6, Agriculture Certificate of Environmental Stewardship.
1926
Section 38. Effective Date.
1927
This bill takes effect on May 7, 2025.
- 57 -