Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 423 Third Substitute (2022GS)

Sponsor

Rep. Ferry, J.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies the Department of Agriculture and Food's authority to award grants;
• allows the department to email certain registration renewal forms to a registrant unless the registrant requests to receive the forms by mail;
• authorizes the department to use the Agriculture Resource Development Fund to make loans through a disaster relief program;
• amends provisions related to the administration of the Utah Rural Rehabilitation Fund;
• clarifies where the department will send a notice of brand renewal;
• provides for an annual yearly brand inspection for rodeo stock;
• clarifies the acceptable use of the Plant Pest Fund for certain administrative expenses;
• changes the term "certificate of registration" to the term "license" throughout the Aquaculture Act;
• amends provisions related to the use of the Agricultural Water Optimization Account; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DEPARTMENT OF AGRICULTURE AND FOOD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel Ferry
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill makes changes related to the authority and administration of the Department of
Agriculture and Food.
Highlighted Provisions:
This bill:
▸ clarifies the Department of Agriculture and Food's authority to award grants;
▸ allows the department to email certain registration renewal forms to a registrant
unless the registrant requests to receive the forms by mail;
▸ authorizes the department to use the Agriculture Resource Development Fund to
make loans through a disaster relief program;
▸ amends provisions related to the administration of the Utah Rural Rehabilitation
Fund;
▸ clarifies where the department will send a notice of brand renewal;
▸ provides for an annual yearly brand inspection for rodeo stock;
▸ clarifies the acceptable use of the Plant Pest Fund for certain administrative
expenses;
▸ changes the term "certificate of registration" to the term "license" throughout the
Aquaculture Act;
▸ amends provisions related to the use of the Agricultural Water Optimization
Account; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-2-103
, as last amended by Laws of Utah 2018, Chapter 200
4-14-103
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-18-106
, as last amended by Laws of Utah 2019, Chapter 178
4-18-108
, as last amended by Laws of Utah 2019, Chapter 178
4-19-105
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-202
, as last amended by Laws of Utah 2021, Chapter 295
4-24-306
, as last amended by Laws of Utah 2021, Chapter 295
4-24-308
, as last amended by Laws of Utah 2020, Chapter 311
4-35-106
, as last amended by Laws of Utah 2020, Chapter 326
4-37-109
, as last amended by Laws of Utah 2020, Chapter 154
4-37-110
, as last amended by Laws of Utah 2010, Chapter 378
4-37-201
, as last amended by Laws of Utah 2017, Chapter 412
4-37-202
, as last amended by Laws of Utah 2014, Chapter 189
4-37-203
, as last amended by Laws of Utah 2017, Chapter 412
4-37-204
, as last amended by Laws of Utah 2021, Chapter 295
4-37-301
, as last amended by Laws of Utah 2017, Chapter 412
4-37-302
, as last amended by Laws of Utah 2014, Chapter 189
4-37-303
, as last amended by Laws of Utah 2010, Chapter 378
4-37-305
, as last amended by Laws of Utah 2010, Chapter 378
4-37-401
, as enacted by Laws of Utah 1994, Chapter 153
4-37-601
, as enacted by Laws of Utah 1994, Chapter 153
4-37-602
, as last amended by Laws of Utah 2010, Chapter 286
63I-1-273
, as last amended by Laws of Utah 2021, Chapter 229
73-10g-204
, as enacted by Laws of Utah 2018, Chapter 143
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-103
 is amended to read:
4-2-103.
Functions, powers, and duties of department -- Fees for services --
Marketing orders -- Procedure -- Purchasing and auditing.
(1) The department shall:
(a) inquire into and promote the interests and products of agriculture and allied
industries;
(b) promote methods for increasing the production and facilitating the distribution of
the agricultural products of the state;
(c) (i) inquire into the cause of contagious, infectious, and communicable diseases
among livestock and the means for their prevention and cure; and
(ii) initiate, implement, and administer plans and programs to prevent the spread of
diseases among livestock;
(d) encourage experiments designed to determine the best means and methods for the
control of diseases among domestic and wild animals;
(e) issue marketing orders for any designated agricultural product to:
(i) promote orderly market conditions for any product;
(ii) give the producer a fair return on the producer's investment at the marketplace; and
(iii) only promote and not restrict or restrain the marketing of Utah agricultural
commodities;
(f) administer and enforce all laws assigned to the department by the Legislature;
(g) establish standards and grades for agricultural products and fix and collect
reasonable fees for services performed by the department in conjunction with the grading of
agricultural products;
(h) establish operational standards for any establishment that manufactures, processes,
produces, distributes, stores, sells, or offers for sale any agricultural product;
(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
rules necessary for the effective administration of the agricultural laws of the state;
(j) when necessary, make investigations, subpoena witnesses and records, conduct
hearings, issue orders, and make recommendations concerning all matters related to
agriculture;
(k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
private or public place that may become infested or infected with harmful insects, plant
diseases, noxious or poisonous weeds, or other agricultural pests;
(ii) establish and enforce quarantines;
(iii) issue and enforce orders and rules for the control and eradication of pests,
wherever they may exist within the state; and
(iv) perform other duties relating to plants and plant products considered advisable and
not contrary to law;
(l) inspect apiaries for diseases inimical to bees and beekeeping;
(m) take charge of any agricultural exhibit within the state, if considered necessary by
the department, and award premiums at that exhibit;
(n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
Conservation Commission Act, and administer and disburse any funds available to assist
conservation districts in the state in the conservation of the state's soil and water resources;
(o) participate in the United States Department of Agriculture certified agricultural
mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
(p) promote and support the multiple use of public lands;
(q) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(r) perform any additional functions, powers, and duties provided by law.
(2) The department, by following the procedures and requirements of Section
63J-1-504
, may adopt a schedule of fees assessed for services provided by the department.
(3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
(i) the department gives notice of the proposed order to the producers and handlers of
the affected product;
(ii) the commissioner conducts a hearing on the proposed order; and
(iii) at least 50% of the registered producers and handlers of the affected products vote
in favor of the proposed order.
(b) (i) The department may establish boards of control to administer marketing orders
and the proceeds derived from any order.
(ii) A board of control shall:
(A) ensure that all proceeds are placed in an account in the board of control's name in a
depository institution; and
(B) ensure that the account is annually audited by an accountant approved by the
commissioner.
(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
deposited into the General Fund as dedicated credits for the grain grading program.
(5) In fulfilling its duties in this chapter, the department may:
(a) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(b) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who is not eligible;
(c) examine and audit the expenditures of any public funds provided to a local
authority, agency, or organization that contracts with or receives funds from those authorities or
agencies; [
and
]
(d) accept and administer grants from the federal government and from other sources,
public or private[
.
]
; and
(e) fund grants using money appropriated by the Legislature or money received from
any other source.
Section 2. Section 
4-14-103
 is amended to read:
4-14-103.
Registration required for distribution -- Application -- Fees -- Renewal
-- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
(1) (a) A person that is not registered with the department may not distribute a
pesticide in this state.
(b) Application for registration shall be made to the department upon forms prescribed
and furnished by the department accompanied with an annual registration fee determined by the
department pursuant to Subsection 
4-2-103
(2) for each pesticide registered.
(c) Upon receipt by the department of a proper application and payment of the
appropriate fee, the commissioner shall issue a registration to the applicant allowing
distribution of the registered pesticide in this state through June 30 of each year, subject to
suspension or revocation for cause.
(d) (i) Each registration is renewable for a period of one year upon the payment of an
annual registration renewal fee in an amount equal to the current applicable original
registration fee.
(ii) Each renewal fee shall be paid on or before June 30 of each year.
(2) The application shall include the following information:
(a) the name and address of the applicant and the name and address of the person
whose name will appear on the label, if other than the applicant's name;
(b) the name of the pesticide;
(c) a complete copy of the label that will appear on the pesticide; and
(d) any information prescribed by rule of the department considered necessary for the
safe and effective use of the pesticide.
(3) (a) [
Forms
] 
Except as provided in Subsection (3)(b), forms
 for the renewal of
registration shall be [
mailed
] 
emailed
 to registrants at least 30 days before [
their
] 
the day on
which the registrant's
 registration expires.
(b) If a registrant requests to receive forms for the renewal of registration by mail, the
department shall mail the forms to the registrant at least 30 days before the day on which the
registrant's registration expires.
[
(b)
] 
(c)
 A registration in effect on June 30 for which a renewal application has been
filed and the registration fee tendered shall continue in effect until the applicant is notified
either that the registration is renewed or that the registration is suspended or revoked pursuant
to Section 
4-14-108
.
(4) The department may, before approval of any registration, require the applicant to
submit the complete formula of any pesticide, including active and inert ingredients, and may
also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
which restrictions are being considered, require a complete description of all tests and test
results that support the claims made by the applicant or the manufacturer of the pesticide.
(5) A registrant who desires to register a pesticide to meet special local needs
according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
(2), satisfy the department that:
(a) a special local need exists;
(b) the pesticide warrants the claims made for the pesticide;
(c) the pesticide, if used in accordance with commonly accepted practices, will not
cause unreasonable adverse effects on the environment; and
(d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
(6) A registration is not required for a pesticide distributed in this state pursuant to an
experimental use permit issued by the EPA or under Section 
4-14-105
.
(7) A pesticide dealer may not distribute a restricted use pesticide in this state without a
license.
(8) A person shall receive a license before applying:
(a) a restricted use pesticide; or
(b) a general use pesticide for hire or in exchange for compensation.
(9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
by:
(i) submitting an application on a form provided by the department;
(ii) showing evidence of competence in the pesticide profession, as established by rule,
and complying with the rules adopted by the department under this chapter;
(iii) demonstrating good character;
(iv) having no outstanding infractions and owing no money to the department; and
(v) paying the license fee determined by the department according to Subsection
4-2-103
(2).
(b) A person may apply for a triennial license that expires on December 31 of the
second calendar year after the calendar year in which the license is issued.
(c) Notwithstanding Section 
63J-1-504
, the department shall retain the fees as
dedicated credits and may only use the fees to administer and enforce this title.
Section 3. Section 
4-18-106
 is amended to read:
4-18-106.
Agriculture Resource Development Fund -- Contents -- Use of fund
money -- Advisory board.
(1) As used in this section:
(a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
that results in:
(i) the president of the United States declaring an emergency or major disaster in the
state;
(ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
Disaster Response and Recovery Act; or
(iii) the chief executive officer of a local government declaring a local emergency
under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
(b) "Local government" means the same as that term is defined in Section 
53-2a-602
.
[
(1)
] 
(2)
 There is created a revolving loan fund known as the Agriculture Resource
Development Fund.
[
(2)
] 
(3)
 The Agriculture Resource Development Fund shall consist of:
(a) money appropriated to [
it
] 
the fund
 by the Legislature;
(b) sales and use tax receipts transferred to the fund in accordance with Section
59-12-103
;
(c) money received for the repayment of loans made from the fund;
(d) money made available to the state for agriculture resource development from any
source; and
(e) interest earned on the fund.
[
(3)
] 
(4)
 The commission [
shall
] 
may
 make loans from the Agriculture Resource
Development Fund for [
a
]:
(a) 
a
 rangeland improvement and management project;
(b) 
a
 watershed protection or flood prevention project;
(c) 
a
 soil and water conservation project;
(d) 
a
 program designed to promote energy efficient farming practices;
(e) 
an
 improvement program for agriculture product storage or program designed to
protect a crop or animal resource;
(f) 
a
 hydroponic or aquaponic system; [
or
]
(g) 
a
 project or program to improve water quality [
or
]
;
(h) a project to
 address other environmental issues[
.
]
; or
(i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
of agriculture during and immediately following a disaster.
(5) (a) Loans made through a disaster relief program described in Subsection (4)(i) may
not comprise more than 10% of the funds appropriated by the Legislature to the Agriculture
Resource Development Fund.
(b) Notwithstanding Subsection (5)(a), the department may use all money appropriated
to the Agriculture Resource Development Fund by the Legislature or another source, without
limitation, if the money is appropriated specifically for use in a disaster relief program.
(c) (i) Until December 31, 2024, the department is authorized to borrow up to
$3,000,000 of General Fund appropriations from the Agricultural Water Optimization Account
created in Section 
73-10g-204
 to be used in making loans through a disaster relief program
described in Subsection (4)(i).
(ii) If the department borrows from the Agricultural Water Optimization Account
under Subsection (5)(c)(i), the department shall deposit the repayment of principal and interest
on loans made through a disaster relief program, regardless of the source of the funds used to
make those loans, into the Agricultural Water Optimization Account, with preference over the
repayment of any other source of funds, until the Agricultural Water Optimization Account is
repaid in full.
[
(4)
] 
(6)
 The commission may appoint an advisory board [
that shall
] 
to
:
(a) oversee the award process for loans, as described in this section;
(b) approve loans; and
(c) recommend policies and procedures for the Agriculture Resource Development
Fund that are consistent with statute.
Section 4. Section 
4-18-108
 is amended to read:
4-18-108.
Grants for environmental improvement projects -- Criteria for award
-- Duties of commission.
(1) The commission may make a grant from the Agriculture Resource Development
Fund
, or from funds appropriated by the federal government, Legislature, or another entity,
 to
an eligible entity, as defined by the department by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, for:
[
(a) a purpose set forth under Subsection 
4-18-106
(3);
]
[
(b) the development or implementation of a coordinated resource management plan
with a conservation district, as defined in Section 
17D-3-102
;
]
[
(c)
] 
(a)
 control or eradication of noxious weeds and invasive plant species in
cooperation and coordination with a local weed board;
[
(d)
] 
(b)
 the costs of plans or projects to improve manure management, control surface
water runoff, or address other environmental issues on [
the
] 
a
 farm or ranch operation,
including the costs of preparing or implementing a nutrient management plan; [
or
]
[
(e)
] 
(c)
 the improvement of water quality [
or
]
;
(d) the development of watershed plans; or
(e) a program
 to address other environmental issues.
[
(2) The commission may make a grant for a purpose described in Subsection (1) from
money appropriated by the Legislature for the purpose of awarding a grant under this section.
]
[
(3)
] 
(2)
 (a) In awarding a grant, the commission shall consider the following criteria:
(i) the ability of the grantee to pay for the costs of proposed plans or projects;
(ii) the availability of:
(A) matching funds provided by the grantee or another source; or
(B) material, labor, or other items of value provided in lieu of money by the grantee or
another source; and
(iii) the benefits that accrue to the general public by the awarding of a grant.
(b) The commission may establish by rule additional criteria for the awarding of a
grant.
[
(4)
] 
(3)
 The commission shall make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to implement this section.
[
(5)
] 
(4)
 The commission may appoint an advisory board to:
(a) assist with the grant process;
(b) make recommendations to the commission regarding grants; and
(c) establish policies and procedures for awarding 
loans or
 grants [
from the
Agricultural Resource Development Fund
].
Section 5. Section 
4-19-105
 is amended to read:
4-19-105.
Utah Rural Rehabilitation Fund.
(1) The department shall deposit all income generated from the administration of the
rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
(2) The [
state treasurer
] 
Division of Finance
 shall maintain the Utah Rural
Rehabilitation Fund and record all debits and credits made to the fund by the department.
(3) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the Utah Rural Rehabilitation Fund into the fund.
Section 6. Section 
4-24-202
 is amended to read:
4-24-202.
Recordation of brand.
(1) (a) Application for a recorded brand shall be made to the department upon forms
prescribed and furnished by the department.
(b) The application shall contain the [
information the commissioner prescribes.
]
following information:
(i) the name of each applicant;
(ii) a single designated address where the department will send a notice of brand
renewal; and
(iii) a description of the brand that is the subject of the application.
(c) An application may not be approved without payment of the appropriate recording
fee.
(d) Upon receipt of a proper application, payment of the recording fee, and recordation
of the brand in the central Brand Registry of the department, the commissioner shall issue the
applicant a certified copy of recording that entitles the applicant to the exclusive use of the
brand recorded.
(2) (a) A recorded brand filed with the central Brand Registry expires during the
calendar year 1980, and during each fifth year thereafter.
(b) (i) The department shall [
give
] 
send
 notice in writing to [
all persons who are
owners of recorded brands
] 
the address designated under Subsection (1)(b)(ii)
 within a
reasonable time before the date of expiration of recordation.
(ii) The notice required by this Subsection (2)(b) may be provided by email or regular
mail at the department's discretion.
(iii) The holder of a registered brand has an affirmative duty to inform the department
of a change to the contact information provided on the initial application for a recorded brand.
(c) Brand renewal is affected by filing an appropriate application with the department
together with payment of the renewal fee.
(d) A recorded brand, not timely renewed, shall lapse and be removed from the central
Brand Registry.
Section 7. Section 
4-24-306
 is amended to read:
4-24-306.
Movement across state line -- Brand inspection required -- Exception --
Request for brand inspection -- Time and place of inspection.
(1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
calves, horses, domesticated elk, or mules from any place within this state to a place outside
this state until the animal has been brand inspected.
(2) Subsection (1) does not apply
:
(a)
 if the animals specified in Subsection (1) customarily forage on an open range
which transgresses the Utah state line and that of an adjoining state[
.
]
; or
(b) to rodeo stock that have received a current yearly brand inspection.
(3) The owner or person responsible for driving or transporting the animals shall
request the department to inspect the brands of the animals to be moved.
(4) The department shall conduct the inspection at the time and place determined by
the department.
Section 8. Section 
4-24-308
 is amended to read:
4-24-308.
Brand inspection fees.
(1) The department with the approval of the Livestock Brand Board may set and collect
a fee for the:
(a) issuance of any certificate of brand inspection
, including a yearly brand inspection
of rodeo stock
;
(b) verification of ownership at a custom exempt slaughter facility before slaughter for
the owner's use;
(c) verification of ownership by a farm custom slaughter licensee before slaughter for
the owner's use; or
(d) verification of ownership by a state or department employee at a meat
establishment where there is no transfer of ownership.
(2) Brand inspection fees incurred for the inspection of such animals at a livestock
market may be withheld by the market and paid from the proceeds derived from their sale.
(3) The fee shall be determined by the department pursuant to Subsection 
4-2-103
(2).
Section 9. Section 
4-35-106
 is amended to read:
4-35-106.
Plant Pest Fund.
(1) There is created an expendable special revenue fund known as the "Plant Pest
Fund."
(2) The fund is funded from:
(a) money the plant industry division within the department receives under this title;
(b) the landowner's and lessee's share of costs, if required by rule made by the
department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) appropriations from the Legislature;
(d) federal money deposited into the fund; and
(e) the interest and earnings on the fund.
(3) The department may only use money in the fund to fund survey, detection,
eradication, or suppression efforts for plant pests with the exception designated in Subsection
(4).
(4) The department may annually use an amount not to exceed the lesser of the
following [
to carry out the department's duties under this chapter
] 
for staff or administrative
costs to carry out the department's duties under this chapter
:
(a) 10% of the fund annually; or
(b) $300,000.
(5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections
(2)(a), (c), and (e).
(b) The Division of Finance shall transfer the money described in Subsection (5)(a) in
excess of $10,000,000 at the end of a fiscal year into the General Fund.
(6) Federal money deposited into the fund shall be accounted for separately.
(7) Fund money may be used as matching funds for participation in programs of the
United States Department of Agriculture for survey, detection, eradication, or suppression
efforts of plant pests.
Section 10. Section 
4-37-109
 is amended to read:
4-37-109.
Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) specifying procedures for the application and renewal of [
certificates of
registration
] 
licenses
 for operating an aquaculture or fee fishing facility; and
(b) governing the disposal or removal of aquatic animals from an aquaculture or fee
fishing facility for which the [
certificate of registration
] 
license
 has lapsed or been revoked.
(2) (a) The department may make other rules consistent with its responsibilities set
forth in Section 
4-37-104
.
(b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
be consistent with the suggested procedures for the detection and identification of pathogens
published by the American Fisheries Society's Fish Health Section.
Section 11. Section 
4-37-110
 is amended to read:
4-37-110.
Inspection of records and facilities.
(1) The following records and information shall be maintained by an aquaculture or fee
fishing facility for a period of two years and shall be available for inspection by a department
representative during reasonable hours:
(a) records of purchase, acquisition, distribution, and production histories of aquatic
animals;
(b) [
certificate of registration
] 
a license
; and
(c) valid identification of stocks, including origin of stocks.
(2) Department representatives may conduct pathological, fish culture, or physical
investigations at any aquaculture, public aquaculture, or fee fishing facility during reasonable
hours.
Section 12. Section 
4-37-201
 is amended to read:
4-37-201.
License required to operate an aquaculture facility.
(1) A person may not operate an aquaculture facility without first obtaining a
[
certificate of registration
] 
license
 from the department.
(2) (a) Each application for a [
certificate of registration
] 
license
 to operate an
aquaculture facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section
63J-1-504
.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent wild
aquatic animal populations; and
(b) in determining which species the holder of the [
certificate of registration
] 
license
may propagate, possess, transport, or sell.
(4) The department shall list on the [
certificate of registration
] 
license
 the species
which the holder may propagate, possess, transport, or sell.
Section 13. Section 
4-37-202
 is amended to read:
4-37-202.
Acquisition of aquatic animals for use in aquaculture facilities.
(1) Live aquatic animals intended for use in aquaculture facilities may be purchased or
acquired only from:
(a) aquaculture facilities within the state that have a [
certificate of registration
] 
license
and health approval number;
(b) public aquaculture facilities within the state that have a health approval number; or
(c) sources outside the state that are health approved as provided in Part 5, Health
Approval.
(2) A person holding a [
certificate of registration
] 
license
 for an aquaculture facility
shall submit annually to the department a record of each purchase of live aquatic animals and
transfer of live aquatic animals into the facility. This record shall include the following
information:
(a) name, address, and health approval number of the source;
(b) date of transaction; and
(c) number and weight by species.
(3) The records required by Subsection (2) shall be submitted to the department before
a [
certificate of registration
] 
license
 is renewed or a subsequent [
certificate of registration
]
license
 is issued.
Section 14. Section 
4-37-203
 is amended to read:
4-37-203.
Transportation of aquatic animals to or from aquaculture facilities.
(1) Any person holding a [
certificate of registration
] 
license
 for an aquaculture facility
may transport the live aquatic animals specified on the [
certificate of registration
] 
license
 to the
facility or to any person who has been issued a [
certificate of registration
] 
license
 or who is
otherwise authorized by law to possess those aquatic animals.
(2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
within the state shall be accompanied by documentation of the source and destination of the
fish, including:
(a) name, address, [
certificate of registration
] 
license
 number
,
 and health approval
number of the source;
(b) number and weight being shipped, by species;
(c) name of the recipient;
(d) address of the destination; and
(e) (i) [
certificate of registration
] 
license
 number of the receiving facility; or
(ii) location of the private fish pond or short-term fishing event when authorized to
receive the aquatic animal without a certificate of registration under Division of Wildlife
Resources rules.
Section 15. Section 
4-37-204
 is amended to read:
4-37-204.
Sale of aquatic animals from aquaculture facilities.
(1) (a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a
person holding a [
certificate of registration
] 
license
 for an aquaculture facility may take an
aquatic animal as approved on the [
certificate of registration
] 
license
 from the facility at any
time and offer the aquatic animal for sale.
(b) A live aquatic animal may be sold within Utah only to a person who:
(i) has been issued a [
certificate of registration
] 
license
 to possess the aquatic animal;
or
(ii) is eligible to receive the aquatic animal without a certificate of registration under
Wildlife Board rules.
(c) A person who owns or operates an aquaculture facility may sell live aquatic animals
if the person:
(i) obtains a health approval number for the aquaculture facility;
(ii) inspects the pond or holding facility to verify that the pond or facility is in
compliance with Subsections 
23-15-10
(2) and (3)(c); and
(iii) stocks the species and reproductive capability of aquatic animals authorized by the
Wildlife Board in accordance with Section 
23-15-10
 for stocking in the area where the pond or
holding facility is located.
(2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
facility shall be accompanied by the seller's receipt that contains the following information:
(a) date of transaction;
(b) name, address, [
certificate of registration
] 
license
 number, and health approval
number;
(c) number and weight of aquatic animal by:
(i) species; and
(ii) reproductive capability; and
(d) name and address of the receiver.
(3) (a) A person holding a [
certificate of registration
] 
license
 for an aquaculture facility
shall submit to the department an annual report of each sale of live aquatic animals or each
transfer of live aquatic animals in Utah. The department shall forward the report to the Division
of Wildlife Resources. The department or Division of Wildlife Resources may request copies
of receipts from an aquaculture facility.
(b) The report shall contain the following information:
(i) name, address, and [
certificate of registration
] 
license
 number of the seller or
supplier;
(ii) number and weight of aquatic animals by species and reproductive capacity;
(iii) date of sale or transfer; and
(iv) name, address, phone number, and [
certificate of registration
] 
license
 number of
the receiver.
(4) Geographic coordinates of the stocking location shall be provided if the receiver is
eligible to stock the aquatic animal without a certificate of registration under Wildlife Board
rules.
(5) A report required by Subsection (3) shall be submitted before:
(a) a [
certificate of registration
] 
license
 is renewed or a subsequent [
certificate of
registration
] 
license
 is issued; or
(b) a health approval number is issued.
Section 16. Section 
4-37-301
 is amended to read:
4-37-301.
License required to operate a fee fishing facility.
(1) A person may not operate a fee fishing facility without first obtaining a [
certificate
of registration
] 
license
 from the department.
(2) (a) Each application for a [
certificate of registration
] 
license
 to operate a fee fishing
facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section
63J-1-504
.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent wild
aquatic animal populations; and
(b) in determining which species the holder of the [
certificate of registration
] 
license
may possess or transport to or stock into the facility.
(4) The department shall list on the [
certificate of registration
] 
license
 the species
which the holder may possess or transport to or stock into the facility.
(5) A person holding a [
certificate of registration
] 
license
 for an aquaculture facility
may also operate a fee fishing facility without obtaining an additional [
certificate of
registration
] 
license
, if the fee fishing facility:
(a) is in a body of water meeting the criteria of Section 
4-37-111
 which is connected
with the aquaculture facility;
(b) contains only those aquatic animals specified on the [
certificate of registration
]
license
 for the aquaculture facility; and
(c) is designated on the [
certificate of registration
] 
license
 for the aquaculture facility.
Section 17. Section 
4-37-302
 is amended to read:
4-37-302.
Acquisition of aquatic animals for use in fee fishing facilities.
(1) Live aquatic animals intended for use in fee fishing facilities may be purchased or
acquired only from:
(a) aquaculture facilities within the state that have a [
certificate of registration
] 
license
and health approval number;
(b) public aquaculture facilities within the state that have a health approval number; or
(c) sources outside the state that are health approved pursuant to Part 5, Health
Approval.
(2) (a) A person holding a [
certificate of registration
] 
license
 for a fee fishing facility
shall submit to the department an annual report of all live fish purchased or acquired.
(b) The report shall contain the following information:
(i) name, address, and [
certificate of registration
] 
license
 number of the seller or
supplier;
(ii) number and weight by species;
(iii) date of purchase or transfer; and
(iv) name, address, and [
certificate of registration
] 
license
 number of the receiver.
(c) The report shall be submitted to the department before a [
certificate of registration
]
license
 is renewed or 
a
 subsequent [
certificate of registration
] 
license
 is issued.
Section 18. Section 
4-37-303
 is amended to read:
4-37-303.
Transportation of live aquatic animals to fee fishing facilities.
(1) Any person holding a [
certificate of registration
] 
license
 for a fee fishing facility
may transport the live aquatic animals specified on the [
certificate of registration
] 
license
 to the
facility.
(2) Each transfer or shipment of live aquatic animals to a fee fishing facility within the
state shall be accompanied by documentation of the source and destination of the fish,
including:
(a) name, address, [
certificate of registration
] 
license
 number
,
 and health approval
number of the source;
(b) number and weight being shipped by species; and
(c) name, address, and [
certificate of registration
] 
license
 number of the destination.
Section 19. Section 
4-37-305
 is amended to read:
4-37-305.
Fishing license not required to fish at fee fishing facilities --
Transportation of dead fish.
(1) A fishing license is not required to take fish from fee fishing facilities.
(2) To transport dead fish from fee fishing facilities the fish shall be accompanied by
the seller's receipt containing the following information:
(a) species and number of fish;
(b) date caught;
(c) [
certificate of registration
] 
license
 number of the fee fishing facility; and
(d) name, address, and telephone number of the seller.
Section 20. Section 
4-37-401
 is amended to read:
4-37-401.
License required to import aquatic animals for aquaculture or fee
fishing facilities.
(1) A person may not import aquatic animals classified as controlled species by rules of
the Wildlife Board into the state for use in aquaculture or fee fishing facilities without first
obtaining a [
certificate of registration
] 
license
 from the department.
(2) The department shall:
(a) coordinate with the Division of Wildlife Resources in determining which species
the holder may import into the state; and
(b) specify those species on the [
certificate of registration
] 
license
.
(3) A person may not import species into the state that are not listed on the [
certificate
of registration
] 
license
.
Section 21. Section 
4-37-601
 is amended to read:
4-37-601.
Enforcement and penalties.
(1) Any violation of this chapter is a class B misdemeanor and may be grounds for
revocation of the [
certificate of registration
] 
license
 or denial of any future [
certificate of
registration
] 
license
 as determined by the department.
(2) A violation of any rule made under this chapter may be grounds for revocation of
the [
certificate of registration
] 
license
 or denial for future [
certificate of registration
] 
license
 as
determined by the department.
Section 22. Section 
4-37-602
 is amended to read:
4-37-602.
Adjudicative proceedings -- Presiding officer.
(1) Adjudicative proceedings under this chapter shall be conducted in accordance with
Title 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's [
certificate of registration
] 
license
, the
denial of an aquaculture facility's future [
certificate of registration
] 
license
, and a denial or
cancellation of an aquaculture facility's health approval number is a state agency action
governed by Title 63G, Chapter 4, Administrative Procedures Act.
(3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
as provided by Section 
63G-4-301
, of an agency action specified in Subsection (2).
(b) The presiding officer, as defined in Section 
63G-4-103
, conducting the agency
review shall consist of three members as follows:
(i) the person representing sport fishermen, appointed under Subsection
4-37-503
(4)(a)(i)(C);
(ii) one person representing the aquaculture industry, appointed by the governor from
names submitted by a nonprofit corporation, as defined in Section 
16-6a-102
, that promotes the
efficient production, distribution, and marketing of aquaculture products and the welfare of all
persons engaged in aquaculture; and
(iii) one person, appointed by the governor, who is knowledgeable about aquatic
diseases and is employed by an institution of higher education.
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
recommending nonprofit corporation shall submit additional names.
(d) The final decision of the presiding officer shall be adopted upon approval of at least
two of the members.
(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided
in Section 
4-37-503
.
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
four years.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 23. Section 
63I-1-273
 is amended to read:
63I-1-273.
Repeal dates, Title 73.
(1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
January 1, 2031.
(2) 
In relation to
 Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, [
is
repealed July 1, 2025.
] 
on July 1, 2025:
(a) Section 
73-10g-202
 is repealed; and
(b) Section 
73-10g-203
 is repealed.
(3) Section 
73-18-3.5
, which creates the Boating Advisory Council, is repealed July 1,
2024.
(4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
2027.
(5) In relation to Title 73, Chapter 31, Water Banking Act, on December 31, 2030:
(a) Subsection 
73-1-4
(2)(e)(xi) is repealed;
(b) Subsection 
73-10-4
(1)(h) is repealed; and
(c) Title 73, Chapter 31, Water Banking Act, is repealed.
Section 24. Section 
73-10g-204
 is amended to read:
73-10g-204.
Agricultural Water Optimization Account.
(1) 
As used in this section:
(a) "Account" means the Agricultural Water Optimization Account created in
Subsection (2).
(b) "Agricultural water optimization" means the implementation of agricultural and
water management practices that maintain or increase viable agriculture while minimizing
negative impacts on water supply, water quality, and the environment.
(c) "Department" means the Department of Agriculture and Food.
(2)
 There is created a restricted account within the General Fund called the Agricultural
Water Optimization Account.
[
(2)
] 
(3)
 The [
Agricultural Water Optimization Account
] 
account
 consists of
:
(a)
 appropriations from the Legislature [
and
]
;
(b) federal funds; and
(c) grants or
 donations 
from other public or private sources
.
[
(3) The task force created in Section 
73-10g-202
 may, subject to appropriation,
expend money in the Agricultural Water Optimization Account to fulfill the duties of Section
73-10g-203
.
]
(4) Subject to appropriation, the department may use money in the account to issue
grants to improve agricultural water optimization.
(5) Until December 31, 2024, the department may loan up to $3,000,000 of General
Fund money in the account to the Agriculture Resource Development Fund, subject to the
conditions described in Section 
4-18-106
.
(6) (a) The department shall maintain the Agriculture Water Optimization Account and
record all debits and credits made to the account by the department.
(b) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the Agriculture Water Optimization Account into the account.
Section 25. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.