Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 226 (2018GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of "urban farming";
• authorizes a county to authorize urban farming; and
• makes technical changes.

Every vote on this bill

Bill text

URBAN FARMING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
Logan Wilde
LONG TITLE
General Description:
This bill deals with urban farming.
Highlighted Provisions:
This bill:
▸ modifies the definition of "urban farming";
▸ authorizes a county to authorize urban farming; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
59-2-1702
, as last amended by Laws of Utah 2014, Chapter 413
ENACTS:
59-2-1714
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-1702
 is amended to read:
59-2-1702.
Definitions.
As used in this part:
(1) "Actively devoted to urban farming" means that:
(a) land is devoted to active urban farming activities;
(b) the land produces greater than 50% of the average agricultural production per acre:
(i) as determined under Section 
59-2-1703
; and
(ii) for the given type of land and the given county or area.
(2) "Rollback tax" means the tax imposed under Section 
59-2-1705
.
(3) (a) Subject to Subsection (3)(b), "urban farming" means cultivating food:
(i) with a reasonable expectation of profit from the sale of the food; and
(ii) from irrigated land located in a county[
:
] 
that has adopted an ordinance governing
urban farming in the county, pursuant to Section 
59-2-1714
.
[
(A) of the first class, as defined in Section 
17-50-501
; or
]
[
(B) of the second class, as defined in Section 
17-50-501
, if the county is at least 98%
urban, as determined by the United States Census Bureau.
]
(b) "Urban farming" does not include:
(i) cultivating food derived from an animal; or
(ii) grazing.
(4) "Withdrawn from this part" means that land that has been assessed under this part is
no longer assessed under this part or eligible for assessment under this part for any reason
including that:
(a) an owner voluntarily requests that the land be withdrawn from this part;
(b) the land is no longer actively devoted to urban farming;
(c) (i) the land has a change in ownership; and
(ii) (A) the new owner fails to apply for assessment under this part as required by
Section 
59-2-1707
; or
(B) an owner applies for assessment under this part, as required by Section 
59-2-1707
,
but the land does not meet the requirements of this part to be assessed under this part;
(d) (i) the legal description of the land changes; and
(ii) (A) an owner fails to apply for assessment under this part, as required by Section
59-2-1707
; or
(B) an owner applies for assessment under this part, as required by Section 
59-2-1707
,
but the land does not meet the requirements of this part to be assessed under this part;
(e) the owner of the land fails to file an application as provided in Section 
59-2-1707
;
or
(f) except as provided in Section 
59-2-1703
, the land fails to meet a requirement of
Section 
59-2-1703
.
Section 2. Section 
59-2-1714
 is enacted to read:
 59-2-1714.
County regulation.
A county in this state may adopt an ordinance, authorizing residents of the county to:
(1) participate in urban farming; and
(2) utilize the provisions of this part as described in this part.
Section 3. 
Effective date.
This bill takes effect on January 1, 2019.