Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 253 (2025GS)

Sponsor

Rep. Albrecht, Carl R.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definition of "qualified veterinarian";
• changes references to the National Council on Weights and Measures;
• changes the Utah Fertilizer Act to the Utah Plant Food Act, including modifying definitions and making conforming references;
• repeals the Utah Agriculture Certificate of Environmental Stewardship Program;
• changes the time frames for annual fees under the Agricultural and Wildlife Damage Prevention Act;
• addresses the expiration of livestock brands;
• modifies information to be provided to operate a livestock market;
• amends the Domesticated Elk Act to address licensing, record retention, health information, and marking of domesticated elk;
• clarifies that money in the LeRay McAllister Working Farm and Ranch Fund Program is nonlapsing;
• changes the Agriculture Conservation Easement Account to an expendable special revenue fund;
• addresses use of money in the Agriculture Resource Development Fund to pay administrative costs;
• addresses regulation of livestock by political subdivisions;
• modifies the earmarking of sales and use taxes related to the Division of Conservation within the Department of Agriculture and Food;

Every vote on this bill

Bill text

59
3-1-4
4-2-305
4-2-901
4-9-106
4-9-107
4-9-108
4-9-109
4-13-101
4-13-102
4-13-103
4-13-104
4-13-105
4-13-106
4-13-108
4-13-109
4-13-110
4-18-102
4-18-103
4-18-106
4-18-107
4-23-107
4-24-202
4-30-105
4-39-203
4-39-205
4-39-206
4-39-301
4-39-303
4-39-304
4-41a-204
4-46-302
4-46-304
10-11-1
11-46b-101
11-46b-102
19-5-105.6
59-12-103
63J-1-602.2
73-10g-205
0
Agriculture and Food Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Don L. Ipson
LONG TITLE
General Description:
This bill addresses issues related to the regulation, oversight, or encouragement of 
agriculture and food.
Highlighted Provisions:
This bill:
modifies the definition of "qualified veterinarian";
changes references to the National Council on Weights and Measures;
changes the Utah Fertilizer Act to the Utah Plant Food Act, including modifying 
definitions and making conforming references;
repeals the Utah Agriculture Certificate of Environmental Stewardship Program;
changes the time frames for annual fees under the Agricultural and Wildlife Damage 
Prevention Act;
addresses the expiration of livestock brands;
modifies information to be provided to operate a livestock market;
amends the Domesticated Elk Act to address licensing, record retention, health 
information, and marking of domesticated elk;
clarifies that money in the LeRay McAllister Working Farm and Ranch Fund Program is 
nonlapsing;
changes the Agriculture Conservation Easement Account to an expendable special 
revenue fund;
addresses use of money in the Agriculture Resource Development Fund to pay 
administrative costs;
addresses regulation of livestock by political subdivisions;
modifies the earmarking of sales and use taxes related to the Division of Conservation 
within the Department of Agriculture and Food;
addresses grants under the agricultural water optimization program; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
3-1-4
, as last amended by Laws of Utah 2010, Chapter 324
4-2-305
, as enacted by Laws of Utah 2017, Chapter 86 and last amended by 
Coordination Clause, Laws of Utah 2017, Chapter 345
4-2-901
, as last amended by Laws of Utah 2024, Chapter 91
4-9-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-9-107
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-9-108
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-9-109
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-13-102
, as last amended by Laws of Utah 2023, Chapter 528
4-13-103
, as last amended by Laws of Utah 2020, Chapter 311
4-13-104
, as last amended by Laws of Utah 2020, Chapter 311
4-13-105
, as last amended by Laws of Utah 2020, Chapter 311
4-13-106
, as last amended by Laws of Utah 2020, Chapter 311
4-13-108
, as last amended by Laws of Utah 2020, Chapter 311
4-13-109
, as last amended by Laws of Utah 2020, Chapter 311
4-13-110
, as enacted by Laws of Utah 2020, Chapter 311
4-18-102
, as last amended by Laws of Utah 2022, Chapter 68
4-18-103
, as last amended by Laws of Utah 2023, Chapter 144
4-18-106
, as last amended by Laws of Utah 2023, Chapters 126, 144
4-23-107
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-202
, as last amended by Laws of Utah 2022, Chapter 79
4-30-105
, as last amended by Laws of Utah 2020, Chapter 154
4-39-203
, as last amended by Laws of Utah 2017, Chapter 345
4-39-205
, as last amended by Laws of Utah 2018, Chapter 355
4-39-206
, as last amended by Laws of Utah 2017, Chapter 345
4-39-301
, as last amended by Laws of Utah 2017, Chapter 345
4-39-303
, as last amended by Laws of Utah 2024, Chapter 71
4-39-304
, as last amended by Laws of Utah 2018, Chapter 355
4-41a-204
, as last amended by Laws of Utah 2023, Chapter 327
4-46-302
, as last amended by Laws of Utah 2024, Chapter 59
4-46-304
, as enacted by Laws of Utah 2023, Chapter 528
10-11-1
, as last amended by Laws of Utah 2022, Chapter 432
59-12-103
, as last amended by Laws of Utah 2024, Chapters 88, 501
63J-1-602.2
, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467
73-10g-205
, as last amended by Laws of Utah 2024, Chapter 233
ENACTS:
11-46b-101
, Utah Code Annotated 1953
11-46b-102
, Utah Code Annotated 1953
REPEALS:
4-13-101
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-18-107
, as last amended by Laws of Utah 2017, Chapter 345
19-5-105.6
, as enacted by Laws of Utah 2014, Chapter 383
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
3-1-4
 is amended to read:
3-1-4
. Purposes.
Such association may be organized for the purpose of engaging in any cooperative 
activity for producers of agricultural products in connection with:
(1)
producing, assembling, marketing, buying or selling agricultural products, or harvesting, 
preserving, drying, processing, manufacturing, blending, canning, packing, ginning, 
grading, storing, warehousing, handling, shipping, or utilizing such products, or 
manufacturing or marketing the by-products thereof;
(2)
seed and crop improvement, and soil conservation and rehabilitation;
(3)
manufacturing, buying or supplying to its members and others, machinery, equipment, 
feed, 
fertilizer
plant food
, coal, gasoline and other fuels, oils and other lubricants, 
seeds, and all other agricultural and household supplies;
(4)
generating and distributing electrical energy and furnishing telephone service to its 
members and others;
(5)
performing or furnishing business or educational services, on a co-operative basis, for or 
to its members; or
(6)
financing any of the above enumerated activities.
Section 2, Section 
4-2-305
 is amended to read:
4-2-305
. Preemption.
(1)
Subject to concurrence with relevant federal laws and except as provided in Subsection 
(4)
, the department has exclusive jurisdiction over regulation regarding:
(a)
commercial feed, as described in 
Chapter 12, Utah Commercial Feed Act
;
(b)
fertilizer, as described in 
Chapter 13, Utah Fertilizer Act
Chapter 13, Utah Plant 
Food Act
;
(c)
pesticides, as described in 
Chapter 14, Utah Pesticide Control Act
; and
(d)
seeds, as described in 
Chapter 16, Utah Seed Act
.
(2)
The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of 
statewide concern, except as provided in Subsection 
(4)
, and this title occupies the 
whole field of potential regulation.
(3)
Except as provided in Subsection 
(4)
, a political subdivision of the state is prohibited 
from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, 
resolutions, amendments, regulations, or laws that seek to do so are void.
(4)
Nothing in this section preempts or otherwise limits the authority of a political 
subdivision to:
(a)
adopt and enforce zoning regulations, fire codes, building codes, or waste disposal 
restrictions; or
(b)
in consultation with the department, enforce, maintain, amend, or otherwise continue 
to implement a regulation created on or before January 1, 2017, related to the use of 
pesticides and fertilizers in surface water and groundwater source water protection 
areas.
Section 3, Section 
4-2-901
 is amended to read:
4-2-901
. Definitions.
As used in this part:
(1)
"Animal shelter" means the same as that term is defined in Section 
11-46-102
.
(2)
"Education loan" means a loan received for education at a domestic or foreign 
institution of higher education, including a school or college of veterinary medicine.
(3)
"Education loan balance" includes charges for paying off the balance of the loan.
(4)
"Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(5)
"Livestock" means the same as that term is defined in Section 
4-1-109
.
(6)
"Loan" means a loan that is made directly by, insured by, or guaranteed under a 
government program of:
(a)
a state;
(b)
the United States; or
(c)
a foreign government.
(7)
"Maximum payment value" means the lesser of:
(a)
the sum of a qualified veterinarian's education loan balances; or
(b)
$20,000.
(8)
"Program" means the Veterinarian Education Loan Repayment Program created in 
Section 
4-2-902
.
(9)
"Qualified veterinarian" means a veterinarian who has practiced
, as defined by rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 as 
a veterinarian:
(a)
in an area of the state that is Indian country;
(b)
in an animal shelter within the state operated by:
(i)
a county;
(ii)
a municipality; or
(iii)
an organization that is exempt from federal income taxation under Section 
501(c)(3), Internal Revenue Code;
(c)
in any area of the state as an employee of the department; 
(d)
in any combination of the 
places
areas
 described in Subsections (9)(a) through (c); 
or
(e)
with a practice that includes
:
(i)
at least 30% livestock medicine
.
; or
(ii)
at least 20% livestock medicine if the veterinarian practices at least 10% in any 
combination of the areas described in Subsection 
(9)(a)
 through (c).
(10)
"Veterinarian" means an individual licensed under Title 58, Chapter 28, Veterinary 
Practice Act.
Section 4, Section 
4-9-106
 is amended to read:
4-9-106
. Weights and measures -- Specifications, tolerances, and technical data 
published in National Institute of Standards and Technology Handbook govern.
Unless modified by the department, Handbook 44, Specifications, Tolerances, and Other 
Technical Requirements for Weighing and Measuring Devices, National Institute of Standards 
and Technology, adopted by the National 
Conference
Council
 on Weights and Measures, 
including supplements or revisions to Handbook 44, shall determine the specifications, 
tolerances, and other technical requirements for devices used for:
(1)
commercial weighing and measuring;
(2)
law enforcement;
(3)
data gathering; and
(4)
other weighing and measuring purposes.
Section 5, Section 
4-9-107
 is amended to read:
4-9-107
. Adopting uniform packaging and labeling regulation.
Unless modified by the department, the Uniform Packaging and Labeling Regulation, 
adopted by the National 
Conference
Council
 on Weights and Measures in Handbook 130, 
Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, 
National Institute of Standards and Technology, shall apply to packaging and labeling in the 
state.
Section 6, Section 
4-9-108
 is amended to read:
4-9-108
. Adopting uniform regulation for the method of sale of commodities.
Unless modified by the department, the Uniform Regulation for the Method of Sale of 
Commodities, adopted by the National 
Conference
Council
 on Weights and Measures, in 
Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine 
Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale 
of commodities in the state.
Section 7, Section 
4-9-109
 is amended to read:
4-9-109
. Adopting uniform regulation for the voluntary registration of 
servicepersons and service agencies for commercial weighing and measuring devices.
Unless modified by the department, the Uniform Regulation for the Voluntary 
Registration of Servicepersons and Service Agencies for Commercial Weighing and 
Measuring Devices, adopted by the National 
Conference
Council
 on Weights and Measures 
in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine 
Fuel Quality, National Institute of Standards and Technology, shall apply to the registration of 
servicepersons and service agencies in the state.
Section 8, Section 
4-13-102
 is amended to read:
13. UTAH PLANT FOOD ACT
4-13-102
. Definitions.
As used in this chapter:
(1)
"Adulterated
 fertilizer
" means 
a fertilizer or soil amendment that
a plant food that
:
(a)
contains a deleterious or harmful substance in sufficient amount to render it injurious 
to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in 
accordance with the directions for use on the label;
(b)
has a composition that falls below or differs from that which the composition is 
purported to possess by the composition's labeling;
(c)
contains unwanted crop or weed seed; or
(d)
exceeds levels of metals permitted by the United States Environmental Protection 
Agency.
(2)
"Beneficial 
substances or compounds" means a substance or compound other than 
primary, secondary, and micro plant nutrients that can be demonstrated by scientific 
research to be beneficial to one or more species of plants when applied exogenously
substance" means a substance or compound, other than a primary nutrient, secondary 
nutrient, or micro plant nutrient, and excluding a pesticide, that can be demonstrated by 
scientific research to be beneficial to one or more species of plants, soil, or media
.
(3)
"Biostimulant" means a product containing naturally-occurring substances and 
microbes that are used to stimulate plant growth, enhance resistance to plant pests, and 
reduce abiotic stress.
(4)
(3)
"Blender" means a person engaged in the business of blending or mixing 
fertilizer, 
soil amendments, or both
plant food
.
(5)
(4)
"Brand" means a term, design, or trade mark used in connection with one or several 
grades of 
fertilizer or soil amendment
plant food
.
(6)
(5)
"Bulk
 fertilizer
" means 
fertilizer delivered to the purchaser either in solid or 
liquid state in a non-packaged form to which a label cannot be attached
plant food 
delivered to a purchaser in a non-packaged form
.
(7)
(6)
"Custom blend" means a 
fertilizer
plant food
 blended according to specification 
provided to a blender in a soil test nutrient recommendation or to meet the specific 
consumer request before blending.
(8)
(7)
"Deficiency" means the amount of nutrient found by analysis to be less than that 
guaranteed.
(9)
(8)
"Derivation" means the source from which the guaranteed nutrients are derived.
(10)
(9)
"Distribute" means to 
import, consign, manufacture, produce, compound, mix, 
blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state
offer for sale, sell, exchange, or barter plant food
.
(11)
(10)
"Distributor" means a person who distributes.
(12)
(11)
"Fertilizer" means a substance that contains one or more recognized plant 
nutrients that is used for the substance's plant nutrient content and is designed for use or 
claimed to have value in promoting plant growth, exclusive of unmanipulated animal 
and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products 
exempted by rule.
(13)
(12)
"Fertilizer material" means a fertilizer that contains:
(a)
quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate 
(P2O5), Potash (K2O);
(b)
85% plant nutrients in the form of a single chemical compound; or
(c)
plant or animal residues or by-products, or a natural material deposit that is 
processed so that its primary plant nutrients have not been materially changed, except 
through purification and concentration.
(14)
(13)
"Grade" means the percentage of total nitrogen, available phosphate and soluble 
potash stated in the same terms, order, and percentages as in the guaranteed analysis.
(15)
(14)
(a)
"Guaranteed analysis" means the minimum percentage by weight of plant 
nutrients claimed in the following order and form:
Total Nitrogen (N)
____ percent
Available Phosphate (P2O5)
____ percent
Soluble Potash (K2O)
____ percent
(b)
For unacidulated mineral phosphatic material and basic slag, bone, tankage, and 
other organic phosphate or degree of fineness may also be guaranteed.
(c)
(i)
Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium 
may be permitted or required by rule of the department.
(ii)
The guarantees for such other nutrients shall be expressed in the form of the 
element.
(iii)
The sources of such other nutrients, such as oxides, salt, chelates, may be 
required to be stated on the application for registration and may be included as a 
parenthetical statement on the label.
(iv)
Other beneficial substances or compounds, determinable by laboratory methods, 
also may be guaranteed by permission of the department.
(v)
Any plant nutrients or other substances or compounds guaranteed are subject to 
inspection and analysis in accord with the methods and rules prescribed by the 
department.
(16)
(15)
"Investigational allowance" means an allowance for variations inherent in the 
taking, preparation, and analysis of an official sample of 
fertilizer or soil amendment
plant food
.
(17)
(16)
"Label" means the display of the written, printed, or graphic matter upon the 
immediate container or statement accompanying 
a fertilizer or soil amendment
plant 
food
.
(18)
(17)
"Labeling" means the written, printed, or graphic matter upon or accompanying 
fertilizer or soil amendment
plant food
, or advertisements, brochures, posters, television 
and radio announcements used in promoting the sale of 
fertilizers or soil amendments
plant food
.
(19)
(18)
"Lot" means a definite quantity identified by a combination of numbers, letters, 
characters, or amount represented by a weight certificate from which every part is 
uniform within recognized tolerances from which the distributor can be determined.
(20)
(19)
"Micro plant nutrient" means boron, chlorine, 
colbalt
cobalt
, copper, iron, 
manganese, molybdenum, nickel, sodium, and zinc.
(21)
(20)
"Mixed fertilizer" means a fertilizer containing any combination or mixture of 
fertilizer materials.
(22)
"Nonplant food ingredient" means a substance or compound other than the primary, 
secondary, or micro nutrients.
(23)
(21)
"Official sample" means a sample of 
fertilizer or soil amendment
plant food
taken by the department and designated as "official."
(24)
"Other ingredients" means the non-soil amending ingredients present in soil 
amendments.
(25)
(22)
"Percent" or "percentage" means the percentage by weight.
(26)
(23)
"Plant amendment" means a substance applied to plants or seeds that is intended 
to improve growth, yield, product quality, reproduction, flavor, or other favorable 
characteristics of plants except fertilizer, soil amendments, agricultural liming materials, 
animal and vegetable manure, pesticides, or plant regulators.
(24)
"Plant biostimulant" means a substance, microorganism, or mixture of a substance and 
microorganism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth 
media, act to support a plant's natural nutrition processes independently of the 
biostimulant's nutrient content, and thereby improving:
(a)
nutrient availability;
(b)
uptake;
(c)
use efficiency;
(d)
tolerance to abiotic stress; and
(e)
consequent growth, development, quality, or yield.
(25)
"Plant food" means a fertilizer, soil amendment, beneficial substance, plant 
amendment, plant biostimulant, plant inoculant, soil inoculant, or any combination of 
these products.
(26)
"Plant inoculant" means a product consisting of microorganisms to be applied to the 
plant or soil for the purpose of enhancing the availability or uptake of plant nutrients 
through the root system.
(27)
"Primary nutrient" includes total nitrogen, available phosphate, and soluble potash.
(28)
"Registrant" means a person who registers a 
fertilizer or a soil amendment
plant food
under this chapter.
(29)
"Secondary nutrient" includes calcium, magnesium, and sulfur.
(30)
"Slow release fertilizer" means a fertilizer in a form that releases, or converts to a 
plant-available form, plant nutrients at a slower rate relative to an appropriate reference 
soluble product.
(31)
(30)
"Soil amending ingredient" means a substance that will improve the physical, 
chemical, biochemical, biological, or other characteristics of the soil.
(32)
(31)
"Soil amendment" means a substance or a mixture of substances that is intended 
to improve the physical, chemical, biochemical, biological, or other characteristics of the 
soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, 
unmanipulated vegetable manures, or pesticides.
(32)
"Soil inoculant" means a microbial product that is applied to colonize the soil to 
benefit the soil chemistry, biology, or structure.
(33)
"Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such as 
home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, 
greenhouses, and nurseries.
(34)
"Ton" means a net weight of 2,000 pounds avoirdupois.
Section 9, Section 
4-13-103
 is amended to read:
4-13-103
. Distribution of plant food -- Registration required -- Application -- 
Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.
(1)
(a)
A brand and grade of fertilizer or soil amendment shall be registered in the name 
of the person whose name appears upon the label before being distributed in this state
Before a plant food is distributed in this state, a person shall register the brand and 
grade of the plant food in the name of the person whose name appears upon the label 
of the plant food
.
(b)
The
A person shall submit an
 application for registration
 shall be submitted
 to the 
department on a form prescribed and furnished by the department, and shall 
be 
accompanied by
accompany the application with payment of
 a fee determined by the 
department pursuant to Subsection 
4-2-103(2)
 for each brand and grade.
(c)
Upon approval by the department, 
the department shall furnish 
a copy of the 
registration 
shall be furnished 
to the applicant.
(d)
(i)
A registration expires at midnight on December 31 of the year in which issued.
(ii)
A 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.
(iii)
A
 person shall pay the
 renewal fee 
shall be paid 
on or before December 31 of 
each year.
(2)
A distributor is not required to register 
fertilizer
plant food
 that has been registered by 
another person under this chapter if the label does not differ in any respect.
(3)
(a)
A blender is not required to register each grade of 
fertilizer or soil amendment
plant food
 formulated according to specifications provided by a consumer before 
mixing, but is required to:
(i)
license the name under which the business of blending or mixing is conducted;
(ii)
pay an annual blenders license fee determined by the department pursuant to 
Subsection 
4-2-103(2)
; and
(iii)
label the 
fertilizer or soil amendment
plant food
 as provided in Section 
4-13-104
.
(b)
(i)
A blenders license expires at midnight on December 31 of the year in which the 
license is issued.
(ii)
A blenders license is renewable for a period of one year upon the payment of an 
annual license renewal fee in an amount equal to the current applicable original 
blenders license fee.
(iii)
A renewal fee shall be paid on or before December 31 of each year.
(4)
(a)
A
The department shall assess a
 tonnage fee 
shall be assessed 
on fertilizer 
and 
soil amendment 
products sold in the state.
(b)
The fee shall be determined by the department pursuant to Subsection 
4-2-103(2)
.
(c)
When more than one person is involved in the distribution of a fertilizer
 or soil 
amendment
, the final person who has the fertilizer 
or soil amendment 
registered 
and distributed to a non-registrant or consumer is responsible for reporting the 
tonnage and paying the tonnage fee, unless the report and payment is made by a prior 
distributor of the fertilizer
 or soil amendment
.
(d)
The
A person shall submit the
 tonnage report 
shall be submitted 
on a form 
provided by the department on or before December 31 annually covering shipments 
made during the preceding 12-month period from November 1 to October 31.
(e)
Revenue generated by the fee shall be deposited into the General Fund as dedicated 
credits to be used by the department for education and research about and promotion 
of proper 
fertilizer and soil amendment
plant food
 distribution, handling, and use.
Section 10, Section 
4-13-104
 is amended to read:
4-13-104
. Labeling requirements for fertilizer and soil amendments specified.
(1)
A container of fertilizer distributed in this state shall bear a label in clearly legible and 
conspicuous form setting forth the:
(a)
brand name and grade;
(b)
guaranteed analysis, except that:
(i)
sources of nutrients, when shown on the label, shall be listed below the completed 
guaranteed analysis in order of predominance;
(ii)
guarantees of zeros may not be made and may not appear in statement except in 
nutrient guarantee breakdowns; and
(iii)
if chemical forms of nitrogen are claimed or required, the form shall be shown, 
but no implied order of the forms of nitrogen is intended;
(c)
subject to Subsection 
(12)
, 
derivation statement of guaranteed nutrients
, nonplant 
food ingredients, and beneficial substances or compounds
 if present;
(d)
directions for use when applicable;
(e)
caution or warning statement when applicable;
(f)
name and address of the registrant or the manufacturer, if different from the registrant;
(g)
net weight or volume; and
(h)
lot number.
(2)
A container of specialty fertilizer distributed in this state shall bear a label in clear, 
legible, and conspicuous form setting forth the information specified in Subsections 
(1)(a)
 through 
(h)
.
(3)
A shipment of custom blend fertilizer shall be accompanied by a printed or written 
statement setting forth the:
(a)
information specified in Subsections 
(1)(a)
 through 
(c)
;
(b)
name and address of the licensed blender;
(c)
net weight or volume; and
(d)
lot number.
(4)
A
 person who ships fertilizer material shall accompany the
 shipment of fertilizer 
material 
shall be accompanied by
with
 a printed or written statement setting forth the:
(a)
information specified in Subsections 
(1)(a)
 through 
(c)
;
(b)
name and address of the registrant if different from the supplier or shipper;
(c)
net weight or volume; and
(d)
lot number.
(5)
The grade is not required on a fertilizer label when no primary nutrients are claimed or 
are less than one percent.
(6)
Additional nutrient guarantees may not be an extension of the grade statement and shall 
be a separate line or include terms such as "plus," "with," or "including."
(7)
(5)
A soil amendment 
or beneficial substance 
distributed in the state shall bear a label 
in clearly legible and conspicuous form setting forth
 the
:
(a)
the 
brand name;
(b)
a statement of composition showing the amount of each non-nutritive ingredient, that 
is the agent in a product primarily responsible for the intended effects using the 
following format:
(i)
for a soil amendment:
SOIL AMENDING INGREDIENTS
1. Name of the ingredient
% or other acceptable units
(ii)
for a beneficial substance:
CONTAINS BENEFICIAL SUBSTANCE(S)
1. Name of beneficial substance
% or other acceptable units
2. Genus and species of microorganism
viable CFU/cm3,/mL,/g, or other acceptable units
3. Name of the ingredient
% or other acceptable units
(Substances shall include ingredient source, if applicable. Ex. humic acid from leonardite or saponin from Yucca schidigera)
(b)
guaranteed analysis, which includes:
(i)
nonplant food ingredients separated out by soil amending ingredients and other 
total ingredients, in that order, by percentages; and
(ii)
nonsoil amending ingredients separating out beneficial substances and beneficial 
compounds, in that order, by percentage or acceptable units;
(c)
the 
purpose of product;
(d)
the 
direction for application;
(e)
the 
caution or warning statement when applicable;
(f)
the 
name and address of
 the
 registrant
 or the manufacturer, if different from the 
registrant
; and
(g)
the 
net weight or volume.
(6)
In case of a bulk shipment, the information required by Subsection 
(5)
 in written or 
printed form shall accompany delivery and be supplied to the purchaser at time of 
delivery.
(7)
The grade is not required on a fertilizer label when no primary nutrients are claimed or 
are less than 1%.
(8)
Additional nutrient guarantees may not be an extension of the grade statement and shall 
be a separate line or include terms such as "plus," "with," or "including."
(8)
(9)
The department may require proof of claims made, usefulness, and value of the soil 
amendments.
(9)
For evidence of proof the department may rely on experimental data, evaluations, or 
advice supplied from such sources as the director of the Agricultural Experiment 
Station. The experimental design shall be related to state conditions for which the 
product is intended.
(10)
Information or a statement may not appear on a package, label, delivery slip, or 
advertising matter that is false or misleading to the purchaser as to the use, value, 
quality, analysis, type, or composition of the 
soil amendment
plant food
.
(11)
A 
fertilizer
plant food
 is misbranded if:
(a)
the 
fertilizer's
 labeling is false or misleading in any particular;
(b)
the 
fertilizer
plant food
 is distributed under the name of another 
fertilizer
plant food
product;
(c)
the 
fertilizer
plant food
 is not labeled as required; or
(d)
the 
fertilizer
plant food
 purports to be or is represented as 
fertilizer
plant food
, or is 
represented as containing 
a plant nutrient fertilizer
an ingredient
 that does not 
conform with the definition of identity or any commonly accepted definitions of 
official fertilizer terms.
(12)
An abbreviation, brand name, trade mark, or trade name may not appear in a derivation 
statement.
Section 11, Section 
4-13-105
 is amended to read:
4-13-105
. Enforcement -- Inspection and samples authorized -- Methods for 
sampling and analysis prescribed -- Warrants.
(1)
The department shall periodically sample, inspect, analyze, and test 
fertilizers and soil 
amendments
plant food
 distributed within this state to determine 
if they comply
whether the plant food complies
 with this chapter.
(2)
(a)
The methods of sampling and analysis shall be those adopted by the AOAC 
International.
(b)
In a case not covered by the methods adopted under Subsection 
(2)(a)
, or in a case 
when a method is available in which improved applicability has been demonstrated, 
the department may adopt appropriate methods from other sources.
(3)
In determining whether a 
fertilizer or soil amendment
plant food
 is deficient, the 
department shall be guided solely by the official sample.
(4)
(a)
The department may enter any public or private premises or carriers during 
regular business hours to have access to 
fertilizers or soil amendments
plant food
and records relating to the distribution of 
fertilizers and soil amendments
plant food
subject to this chapter.
(b)
If admittance is refused, the department may proceed immediately to obtain an ex 
parte warrant from the nearest court 
of competent
with
 jurisdiction to allow entry 
upon the premises for the purpose of making inspections and obtaining samples.
(5)
The department shall distribute the results of an official sample.
(6)
The department shall retain an official sample for a minimum of 90 days from the 
issuance of a report.
Section 12, Section 
4-13-106
 is amended to read:
4-13-106
. Distribution of plant food not complying with labeling requirements 
prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized -- 
Adulterated plant food.
(1)
A person may not distribute in this state a 
fertilizer, fertilizer material, soil amendment, 
or specialty fertilizer
plant food
 if the official sample 
thereof
of the plant food
establishes that the 
fertilizer, fertilizer material, soil amendment, or specialty fertilizer
plant food
 is deficient in the nutrients or ingredients guaranteed on the label by an 
amount exceeding the values established by rule.
(2)
The department shall evaluate and take administrative action the department prescribes 
for a deficiency beyond the investigational allowances established by the department.
(3)
A registrant aggrieved by the finding of an official sample deficiency may file a 
complaint with a court 
of competent
with
 jurisdiction to vacate or amend the finding of 
the department.
(4)
A person may not distribute in this state a plant food that is adulterated.
Section 13, Section 
4-13-108
 is amended to read:
4-13-108
. Denial, suspension, or revocation authorized -- Grounds -- Stop sale, 
use, or removal order authorized -- Court action -- Procedure -- Costs.
(1)
The department may deny, revoke, or suspend the license for a blender or the 
registration of a brand of 
fertilizer or soil amendment
plant food
 upon satisfactory 
evidence that the licensee or registrant has used fraudulent or deceptive practices in 
licensure, registration, or distribution in this state.
(2)
(a)
The department may issue a "stop sale, use, or removal order" to the owner or 
person in possession of any designated lot of 
fertilizer or soil amendment
plant food
that the department finds or has reason to believe is being offered or exposed for sale 
in violation of this chapter.
(b)
The order shall be in writing and 
fertilizer or soil amendment
plant food
 subject to 
the order may not be moved or offered or exposed for sale, except upon the 
subsequent written release of the department.
(c)
Before a release is issued, the department may require the owner or person in 
possession of the "stopped" lot to pay the expense incurred by the department in 
connection with the withdrawal of the product from the market.
(3)
(a)
The department may seek in a court 
of competent
with
 jurisdiction an order of 
seizure or condemnation of any 
fertilizer
plant food
 that violates this chapter or, 
upon proper grounds, to obtain a temporary restraining order or permanent 
injunction, to prevent violation of this chapter.
(b)
A bond may not be required of the department in any injunctive proceeding under 
this section.
(4)
If condemnation is ordered, the 
fertilizer or soil amendment
plant food
 shall be 
disposed of as the court directs, except that the court may not order condemnation 
without giving the claimant of the 
fertilizer or soil amendment
plant food
 an 
opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring 
the product into conformance, or to remove the 
fertilizer or soil amendment
plant food
from the state.
(5)
If the court orders condemnation of the 
fertilizer or soil amendment
plant food
, court 
costs, fees, storage, and other expenses shall be awarded against the claimant of the 
fertilizer or soil amendment
plant food
.
Section 14, Section 
4-13-109
 is amended to read:
4-13-109
. Sales or exchanges of plant food between manufacturers, importers, or 
manipulators permitted.
This chapter may not be construed to restrict or avoid sales or exchanges of 
fertilizers 
or soil amendments
plant food
 to each other by importers, manufacturers, or manipulators who 
mix 
fertilizer or soil amendment
plant food
 materials for sale or as preventing the free and 
unrestricted shipment of 
fertilizer or soil amendments
plant food
 to manufacturers or 
manipulators who have registered their brands as required by this chapter.
Section 15, Section 
4-13-110
 is amended to read:
4-13-110
. Department may make and enforce rules -- Cooperation with state 
and federal agencies authorized.
(1)
(a)
The department may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, and enforce the rules to administer and enforce this 
chapter.
(b)
The department shall by rule adopt the official terms, tables, definitions, and 
statements adopted by the Association of American Plant Food Control officials and 
published in the official publications of that organization.
(2)
The department may enter into agreements with other agencies of the state, other states, 
and agencies of the federal government to administer and enforce this chapter.
(3)
The department may use the following terms in rule made in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
, to the extent that the department 
is authorized to make rules by a provision other than this Subsection 
(3)
:
(a)
biostimulant;
(b)
bulk fertilizer;
(c)
plant amendment;
(d)
secondary nutrient; and
(e)
slow release fertilizer.
Section 16, Section 
4-18-102
 is amended to read:
4-18-102
. Findings and declarations -- Duties.
(1)
In addition to the policy provided in Section 
4-46-101
, the Legislature finds and 
declares that:
(a)
the soil and water resources of this state constitute one of the state's basic assets; and
(b)
the preservation of soil and water resources requires planning and programs to 
ensure:
(i)
the development and use of soil and water resources; and
(ii)
soil and water resources' protection from the adverse effects of wind and water 
erosion, sediment, and sediment related pollutants.
(2)
The Legislature finds that local production of food is essential for:
(a)
the security of the state's food supply; and
(b)
the self-sufficiency of the state's citizens.
(3)
The Legislature finds that sustainable agriculture is critical to:
(a)
the success of rural communities;
(b)
the historical culture of the state;
(c)
maintaining healthy farmland;
(d)
maintaining high water quality;
(e)
maintaining abundant wildlife;
(f)
high-quality recreation for citizens of the state; and
(g)
helping to stabilize the state economy.
(4)
The Legislature finds that livestock grazing on public lands is important for the proper 
management, maintenance, and health of public lands in the state.
(5)
The Legislature encourages each agricultural producer in the state to operate in a 
reasonable and responsible manner to maintain the integrity of soil, water, and air.
(6)
The department shall administer the Utah Agriculture Certificate of Environmental 
Stewardship Program, created in Section 
4-18-107
, to encourage each agricultural 
producer in this state to operate in a reasonable and responsible manner to maintain the 
integrity of the state's resources.
(7)
(6)
The Legislature finds that soil health is essential to protecting the state's soil and 
water resources, bolstering the state's food supply, and sustaining the state's agricultural 
industry.
Section 17, Section 
4-18-103
 is amended to read:
4-18-103
. Definitions.
As used in this chapter:
(1)
(a)
"Agricultural discharge" means the release of agriculture water from the property 
of a farm, ranch, or feedlot that:
(i)
pollutes a surface body of water, including a stream, lake, pond, marshland, 
watercourse, waterway, river, ditch, or other water conveyance system;
(ii)
pollutes ground water; or
(iii)
constitutes a significant nuisance to urban land.
(b)
"Agricultural discharge" does not include:
(i)
runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated 
field onto land that is not part of a body of water; or
(ii)
a release of water from a farm, ranch, or feedlot into a normally dry water 
conveyance leading to an active body of water, if the release does not reach the 
water of a lake, pond, stream, marshland, river, or other active body of water.
(2)
"Agricultural operation" means a farm, ranch, or animal feeding operation.
(3)
"Agriculture water" means:
(a)
water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
(b)
the return flow of water from irrigated agriculture; or
(c)
agricultural storm water runoff.
(4)
"Alternate" means a substitute for a district supervisor if the district supervisor cannot 
attend a meeting.
(5)
(a)
"Animal feeding operation" means a facility where animals, other than aquatic 
animals, are stabled or confined and fed or maintained for a total of 45 days or more 
in any 12-month period.
(b)
"Animal feeding operation" does not include an operation where animals are in areas 
such as pastures or rangeland that sustain crops or forage growth during the normal 
growing season.
(6)
"Best management practices" means practices, including management policies and the 
use of technology, used by each sector of agriculture in the production of food and fiber 
that are commonly accepted practices, or that are at least as effective as commonly 
accepted practices, and that:
(a)
protect the environment;
(b)
protect human health;
(c)
ensure the humane treatment of animals; and
(d)
promote the financial viability of agricultural production.
(7)
"Certified agricultural operation" means an agricultural operation that is certified under 
the Utah Agriculture Certificate of Environmental Stewardship Program in accordance 
with Section 
4-18-107
.
(8)
"Certified conservation planner" means a planner of a state conservation district, or 
other qualified planner, that is approved by the commission to certify an agricultural 
operation under the Utah Agriculture Certificate of Environmental Stewardship 
Program, created in Section 
4-18-107
.
(9)
(7)
"Commission" means the Conservation Commission created in Section 
4-18-104
.
(10)
(8)
"Comprehensive nutrient management plan" or "nutrient management plan" 
means a plan to properly store, handle, and spread manure and other agricultural 
byproducts to:
(a)
protect the environment; and
(b)
provide nutrients for the production of crops.
(11)
(9)
"Coordinated resource management plan" means a plan of action created at a local 
level with broad participation of land owners, natural resource agencies, and interested 
stakeholders to protect or enhance the environment, human health, humane treatment of 
animals, and financial viability in the community.
(12)
(10)
"District" or "conservation district" has the same meaning as "conservation 
district" as defined in Section 
17D-3-102
.
(13)
(11)
"Fodder" means food for livestock.
(14)
(12)
"Hydroponic" means a technique for growing plants without soil.
(15)
(13)
"Pollution" means a harmful human-made or human-induced alteration to the 
water of the state, including an alteration to the chemical, physical, biological, or 
radiological integrity of water that harms the water of the state.
(16)
(14)
"State technical standards" means a collection of best management practices that 
will protect the environment in a reasonable and economical manner for each sector of 
agriculture as required by this chapter.
(17)
(15)
"Sustainable agriculture" means agriculture production and practices that 
promote:
(a)
the environmental responsibility of owners and operators of farms, ranches, and 
feedlots; and
(b)
the profitability of owners and operators of farms, ranches, and feedlots.
Section 18, 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)
"Fund" means the Agriculture Resource Development Fund created in this section.
(c)
"Local government" means the same as that term is defined in Section 
53-2a-602
.
(2)
There is created a revolving loan fund known as the "Agriculture Resource 
Development Fund."
(3)
The fund shall consist of:
(a)
money appropriated to the fund by the Legislature;
(b)
sales and use tax receipts transferred to the fund in accordance with Section 
59-12-103
;
(c)
(b)
money received for the repayment of loans made from the fund;
(d)
(c)
money from a preferential user to reimburse the commission for loans made 
from the fund in accordance with 
Title 73, Chapter 3d, Part 4, Compensation
;
(e)
(d)
money made available to the state for agriculture resource development or for a 
temporary water shortage emergency, as defined in Section 
73-3d-101
, from any 
source; and
(f)
(e)
interest earned on the fund.
(4)
The commission may make loans from the fund for:
(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, including a hydroponic fodder production system;
(g)
a project or program to improve water quality;
(h)
a project to address other environmental issues;
(i)
subject to Subsection 
(5)
, a disaster relief program designed to aid the sustainability 
of agriculture during and immediately following a disaster; or
(j)
subject to Subsection 
(6)
, authorized for temporary water shortage emergencies as 
provided in 
Title 73, Chapter 3d, Part 4, Compensation
.
(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 fund.
(b)
Notwithstanding Subsection 
(5)(a)
, the department may use the money appropriated 
to the 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.
(6)
The commission may not have at one time an aggregate amount of loans made under 
Subsection 
(4)(j)
 that exceeds $5,000,000.
(7)
The commission may appoint an advisory board to:
(a)
oversee the award process for loans, as described in this section;
(b)
approve loans; and
(c)
recommend policies and procedures for the fund that are consistent with statute.
(8)
The department shall obtain an approved annual budget from the commission to use 
money from the fund to pay for the costs of administering the fund and loans made from 
the fund.
Section 19, Section 
4-23-107
 is amended to read:
4-23-107
. Annual fees on sheep, goats, cattle, and turkeys -- Determination by 
board -- Collection methods.
(1)
To assist the department in meeting the annual expense of administering this chapter, the 
following annual predator control fees are imposed upon animals owned by persons whose 
interests this chapter is designed to protect:
Sheep and goats (except on farm dairy
goats or feeder lambs)...............................................................................
at least $.70 but not
more than $1 per head
Cattle (except on farm dairy cattle)..........................................................
at least $.15 but not
more than $.50 per head
Turkeys (breeding stock only)..................................................................
at least $.05 but not
more than $.10 per head
(2)
The amount of the fees imposed upon each category of animals specified in this section 
shall be determined by the board annually on or before 
January 1
July 1
 of each year.
(3)
(a)
Fee brand inspected cattle are subject to a predator control fee upon change of 
ownership or slaughter.
(b)
The fee shall be collected by the local brand inspector at the time of the inspection of 
cattle, or withheld and paid by the market from proceeds derived from the sale of the 
cattle.
(c)
Cattle that are fee brand inspected prior to confinement to a feedlot are not subject to 
any subsequent predator control fee.
(4)
(a)
Fleece of sheared sheep is subject to a predator control fee upon sale of the fleece.
(b)
(i)
The fee shall be withheld and paid by the marketing agency or purchaser of 
wool from proceeds derived from the sale of the fleece.
(ii)
The department shall enter into cooperative agreements with in-state and 
out-of-state wool warehouses and wool processing facilities for the collection of 
predator control fees on the fleece of sheep that graze on private or public range in 
the state.
(c)
The fee shall be based on the number of pounds of wool divided by 10 pounds for 
white face sheep and five pounds for black face sheep.
(5)
Predator control fees on turkey breeding stock shall be paid by the turkey cooperative.
(6)
(a)
Livestock owners shall pay a predator control fee on any livestock that uses public 
or private range in the state 
which
that
 is not otherwise subject to the fee under 
Subsection 
(3)
 or 
(4)
.
(b)
By 
January 1
September 1
, the commissioner shall mail to each owner of livestock 
specified in Subsection 
(6)(a)
 a reporting form requiring sufficient information on the 
type and number of livestock grazed in the state and indicating the fee imposed for 
each category of livestock.
(c)
Each
An
 owner shall file the completed form and the appropriate fee with the 
commissioner before 
April 1
December 31
.
(d)
If any person who receives the reporting form fails to return the completed form and 
the imposed fee as required, the commissioner is authorized to commence suit 
through the office of the attorney general, in a court 
of competent
with
 jurisdiction, 
to collect the imposed fee, the amount of which shall be as determined by the 
commissioner.
(7)
All fees
A fee
 collected under this section shall be remitted to the department and 
deposited in the Agricultural and Wildlife Damage Prevention Account.
Section 20, Section 
4-24-202
 is amended to read:
4-24-202
. Recordation of brand.
(1)
(a)
Application for a recorded brand shall be made
A person shall submit an 
application for a recorded brand
 to the department upon forms prescribed and 
furnished by the department.
(b)
(a)
The application shall contain the 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)
(b)
An
The department may not approve an
 application 
may not be approved 
without payment of the appropriate recording fee.
(d)
(c)
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
 or tenth
 year thereafter.
 The applicant at the time of 
application shall decide whether the brand filed with the central Brand Registry 
expires during the fifth or the tenth year.
(b)
(i)
The department shall send notice in writing to 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 21, Section 
4-30-105
 is amended to read:
4-30-105
. License required -- Application -- Fee -- Expiration -- Renewal.
(1)
(a)
No person may
A person may not
 operate a livestock market in this state without 
a license issued by the department.
(b)
Application for a license shall be made 
A person shall submit an application for a 
license 
to the department upon forms prescribed and furnished by the department, 
and the application shall specify:
(i)
if the applicant is an individual, the name, address, and 
date of birth
age
 of the 
applicant; or
(ii)
if the applicant is a partnership, corporation, or association, the name, address, 
and 
date of birth
age
 of each person who has a financial interest in the applicant 
and the amount of each person's interest;
(iii)
a certified statement of the financial assets and liabilities of the applicant 
detailing:
(A)
current assets;
(B)
current liabilities;
(C)
long-term assets; and
(D)
long-term liabilities;
(iv)
a legal description of the property where the market is proposed to be located, the 
property's street address, and a description of the facilities proposed to be used in 
connection with the property;
(v)
a schedule of the charges or fees the applicant proposes to charge for each service 
rendered; and
(vi)
a detailed statement of the trade area proposed to be served by the applicant, the 
potential benefits which will be derived by the livestock industry, and the specific 
services the applicant intends to render at the livestock market.
(2)
(a)
Upon receipt of a proper application, payment of a license fee in an amount 
determined by the department pursuant to Subsection 
4-2-103(2)
, the commissioner, 
if satisfied that the convenience and necessity of the industry and the public will be 
served, shall issue a license allowing the applicant to operate the livestock market 
proposed in the application valid through December 31 of the year in which the 
license is issued, subject to suspension or revocation for cause.
(b)
A livestock market license is annually renewable on or before December 31 of each 
year upon the payment of an annual license renewal fee in an amount determined by 
the department pursuant to Subsection 
4-2-103(2)
.
(3)
No
The department may not issue a
 livestock market original or renewal license 
may 
be issued 
until the applicant has provided the department with a certified copy of a 
surety bond filed with the United States Department of Agriculture as required by the 
Packers and Stockyards Act, 1921, 7 U.S.C. Section 181 et seq.
Section 22, Section 
4-39-203
 is amended to read:
4-39-203
. License required to operate a domesticated elk facility.
(1)
A person may not operate a domesticated elk facility without first obtaining a license 
from the department.
(2)
(a)
Each
An
 application for a license to operate a domesticated elk facility shall be 
accompanied by a fee.
(b)
The fee shall be established by the department in accordance with Section 
63J-1-504
.
(3)
Each
An
 applicant for a domesticated elk facility license shall submit an application 
providing all information in the form and manner as required by the department.
(4)
(a)
No license shall be issued until the department has inspected and approved
The 
department may not issue a license until the department inspects and approves
 the 
facility.
(b)
The department shall:
(i)
notify the Division of Wildlife Resources at least 48 hours 
prior to
before
 a 
scheduled inspection so that a Division of Wildlife Resources representative may 
be present at the inspection; and
(ii)
provide the Division of Wildlife Resources with copies of all licensing and 
inspection reports.
(5)
Each separate location of the domesticated elk operation shall be licensed separately.
(6)
(a)
If a domesticated elk facility is operated under more than one business name from 
a single location, the name of each operation shall be listed with the department in 
the form and manner required by the department.
(b)
The department shall require that a separate fee be paid for each business name listed.
(c)
If a domesticated elk facility operates under more than one business name from a 
single location, each facility shall maintain separate records.
(7)
Each person or business entity
A person
 with an equity interest in the domesticated elk 
shall be listed on the application for license.
(8)
Each
A
 domesticated elk facility license shall expire on 
July 1
June 30
 in the year 
following the year of issuance.
(9)
Each
A
 licensee shall report to the department, in the form and manner required by the 
department, any change in the information provided in the licensee's application or in the 
reports previously submitted, within 15 days of each change.
(10)
Licenses
A license
 issued pursuant to this section 
are
is
 not transferable.
Section 23, Section 
4-39-205
 is amended to read:
4-39-205
. License renewal.
(1)
To renew a license, the licensee shall submit to the department the following:
(a)
renewal fee;
(b)
paperwork showing that the:
(i)
domesticated elk, on the domesticated elk facility, have been inspected and 
certified by the department for health
,
 and
 proof of ownership
, and genetic 
purity certification
 for all elk imported into the state; and
(ii)
facility has been properly maintained, as provided in this chapter, during the 
immediately preceding 60-day period; and
(c)
record of each purchase of domesticated elk and transfer of domesticated elk into the 
facility, which shall include the following information:
(i)
name
,
 and
 address
, and health approval number
 of the source;
(ii)
date of transaction; and
(iii)
number and sex.
(2)
(a)
If the renewal fee and paperwork are not received on or before April 30, 
the 
department shall charge 
a late fee
 will be charged
.
(b)
A license may not be renewed until the 
renewal 
fee 
and any late fee 
is paid.
(3)
If the application and fee for renewal are not received on or before 
July 1
June 30
, the 
license may not be renewed, and a new license shall be required.
Section 24, Section 
4-39-206
 is amended to read:
4-39-206
. Records to be maintained.
(1)
The following records and information shall be maintained by a domesticated elk 
facility for the life of the animal plus 
two
five
 years:
(a)
records of purchase, acquisition, distribution, and production histories of 
domesticated elk;
(b)
records documenting antler harvesting, production, and distribution; and
(c)
health certificates.
(2)
For purposes of carrying out 
the provisions of 
this chapter and rules made under this 
chapter, at any reasonable time during regular business hours, the department shall have 
free and unimpeded access to inspect all records required to be kept.
(3)
The department may make copies of the records referred to in this section.
Section 25, Section 
4-39-301
 is amended to read:
4-39-301
. Proof of source.
The department shall require
:
(1)
that each domesticated elk, including gametes, eggs, or sperm, imported into the state:
(a)
test negative for the red deer genetic factor;
(b)
be registered with gold or silver status with the North American Elk Breeders 
Association; or
(c)
come from a state which has a red deer genetic factor prevention program approved 
by the department; and
(2)
proof that the domesticated elk originates from a legal source as provided in Section 
4-39-302
.
Section 26, Section 
4-39-303
 is amended to read:
4-39-303
. Importation of domesticated elk -- Enforcement.
(1)
A person may not import domesticated elk into the state for use in domesticated elk 
facilities without first obtaining:
(a)
an entry permit from the state veterinarian's office; and
(b)
a domesticated elk facility license from the department.
(2)
The entry permit shall include the following information and certificates:
(a)
a health certificate with an indication of the current health status;
(b)
proof of genetic purity as required in Section 
4-39-301
;
(c)
(b)
the name and address of the consignor and consignee;
(d)
(c)
proof that the elk are:
(i)
tuberculosis free; or
(ii)
enrolled in a tuberculosis herd monitoring accreditation program administered by 
the United State Department of Agriculture or the Canadian Food Inspection 
Agency;
(e)
(d)
the origin of shipment;
(f)
(e)
the final destination;
(g)
(f)
the total number of animals in the shipment;
(h)
(g)
for an elk imported from east of the 100 degree meridian, proof that the elk has 
been dewormed in accordance with Subsection (3)(a); and
(i)
(h)
any other information required by the state veterinarian's office or the department.
(3)
In addition to the requirements described in Subsections (1) and (2), a person importing 
a domesticated elk from east of the 100 degree meridian shall:
(a)
deworm the elk within 60 days before arrival in the state;
(b)
deworm or harvest the elk no later than 150 days after arrival in the state;
(c)
for a bull sent to an elk ranch:
(i)
hold the bull for harvest until the bull has completed a slaughter withdrawal 
period; or
(ii)
be able to demonstrate that the elk is free from dewormer residue; and
(d)
make the elk available to the department for monitoring and inspection upon request 
by the department.
(4)
The department may stop the importation of a domesticated elk or quarantine a 
domesticated elk if the department identifies the spread of meningeal worm in the elk or 
the elk's domesticated herd.
(5)
A person who imports domesticated elk into the state from an international herd:
(a)
may only import domesticated elk:
(i)
that are male; and
(ii)
to an elk ranch for use in the elk ranch; and
(b)
shall ensure that the domesticated elk are harvested in the same season in which the 
domesticated elk enter the state.
(6)
For the purpose of enforcing Subsection (5), the department may make rules, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the use 
of radio frequency identification tags to track male elk imported into the state from an 
international herd.
Section 27, Section 
4-39-304
 is amended to read:
4-39-304
. Marking domesticated elk.
(1)
Each
A
 domesticated elk shall be marked by 
either an official USDA tag or by 
an 
electronic identification tag
, as provided in Subsection 
(2)
:
 and unique visual tag 
pursuant to rules made by the department in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
(a)
within 30 days of a change of ownership; or
(b)
in the case of newborn calves, within 15 days after being weaned, but in any case, 
no later than January 31.
(2)
If a domesticated elk is identified with an electronic identification tag, it shall be placed 
in the right ear.
Section 28, Section 
4-41a-204
 is amended to read:
4-41a-204
. Operating plan.
(1)
A person applying for a cannabis production establishment license or license renewal 
shall submit to the department for the department's review a proposed operating plan 
that complies with this section and that includes:
(a)
a description of the physical characteristics of the proposed facility or, for a cannabis 
cultivation facility, no more than two facility locations, including a floor plan and an 
architectural elevation;
(b)
a description of the credentials and experience of:
(i)
each officer, director, and owner of the proposed cannabis production 
establishment; and
(ii)
any highly skilled or experienced prospective employee;
(c)
the cannabis production establishment's employee training standards;
(d)
a security plan;
(e)
a description of the cannabis production establishment's inventory control system, 
including a description of how the inventory control system is compatible with the 
state electronic verification system described in Section 
26B-4-202
;
(f)
storage protocols, both short- and long-term, to ensure that cannabis is stored in a 
manner that is sanitary and preserves the integrity of the cannabis;
(g)
for a cannabis cultivation facility, the information described in Subsection 
(2)
;
(h)
for a cannabis processing facility, the information described in Subsection 
(3)
; and
(i)
for an independent cannabis testing laboratory, the information described in 
Subsection 
(4)
.
(2)
(a)
A cannabis cultivation facility shall ensure that the facility's operating plan 
includes the facility's intended:
(i)
cannabis cultivation practices, including the facility's intended pesticide use and 
fertilizer
plant food
 use; and
(ii)
subject to Subsection 
(2)(b)
, acreage or square footage under cultivation and 
anticipated cannabis yield.
(b)
Except as provided in Subsection 
(2)(c)(i)
 or 
(c)(ii)
, a cannabis cultivation facility 
may not:
(i)
for a facility that cultivates cannabis only indoors, use more than 100,000 total 
square feet of cultivation space;
(ii)
for a facility that cultivates cannabis only outdoors, use more than four acres for 
cultivation; and
(iii)
for a facility that cultivates cannabis through a combination of indoor and 
outdoor cultivation, use more combined indoor square footage and outdoor 
acreage than allowed under the department's formula described in Subsection 
(2)(e)
.
(c)
(i)
Each licensee may apply to the department for:
(A)
a one-time, permanent increase of up to 20% of the limitation on the cannabis 
cultivation facility's cultivation space; or
(B)
a short-term increase, not to exceed 12 months, of up to 40% of the limitation 
on the cannabis cultivation facility's cultivation space.
(ii)
After conducting a review equivalent to the review described in Subsection 
4-41a-205(2)(a)
, if the department determines that additional cultivation is 
needed, the department may:
(A)
grant the one-time, permanent increase described in Subsection 
(2)(c)(i)(A)
; or
(B)
grant the short-term increase described in Subsection 
(2)(c)(i)(B)
.
(d)
If a licensee describes an intended acreage or square footage under cultivation under 
Subsection 
(2)(a)(ii)
 that is less than the limitation described in Subsection 
(2)(b)
, the 
licensee may not cultivate more than the licensee's identified intended acreage or 
square footage under cultivation.
(e)
The department shall, in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, establish a formula for combined usage of indoor and outdoor 
cultivation that:
(i)
does not exceed, in estimated cultivation yield, the aggregate limitations described 
in Subsection 
(2)(b)(i)
 or 
(ii)
; and
(ii)
allows a cannabis cultivation facility to operate both indoors and outdoors.
(f)
(i)
The department may authorize a cannabis cultivation facility to operate at no 
more than two separate locations.
(ii)
If the department authorizes multiple locations under Subsection 
(2)(f)(i)
, the two 
cannabis cultivation facility locations combined may not exceed the cultivation 
limitations described in this Subsection 
(2)
.
(3)
A cannabis processing facility's operating plan shall include the facility's intended 
cannabis processing practices, including the cannabis processing facility's intended:
(a)
offered variety of cannabis product;
(b)
cannabinoid extraction method;
(c)
cannabinoid extraction equipment;
(d)
processing equipment;
(e)
processing techniques; and
(f)
sanitation and manufacturing safety procedures for items for human consumption.
(4)
An independent cannabis testing laboratory's operating plan shall include the 
laboratory's intended:
(a)
cannabis and cannabis product testing capability;
(b)
cannabis and cannabis product testing equipment; and
(c)
testing methods, standards, practices, and procedures for testing cannabis and 
cannabis products.
(5)
Notwithstanding an applicant's proposed operating plan, a cannabis production 
establishment is subject to land use regulations, as defined in Sections 
10-9a-103
 and 
17-27a-103
, regarding the availability of outdoor cultivation in an industrial zone.
Section 29, Section 
4-46-302
 is amended to read:
4-46-302
. Program -- Use of money in fund -- Criteria -- Administration.
(1)
Subject to Subsection (2), the board 
shall administer the LeRay McAllister Working 
Farm and Ranch Fund Program under which the board 
may authorize the use of money 
in the fund, by grant, to:
(a)
a local entity;
(b)
the Department of Natural Resources created under Section 
79-2-201
;
(c)
an entity within the department; or
(d)
a charitable organization that qualifies as being tax exempt under Section 501(c)(3), 
Internal Revenue Code.
(2)
(a)
The money in the fund shall be used for preserving or restoring open land and 
agricultural land.
(b)
Except as provided in Subsection (2)(c), money from the fund:
(i)
may be used to:
(A)
establish a conservation easement under Title 57, Chapter 18, Land 
Conservation Easement Act; or
(B)
fund similar methods to preserve open land or agricultural land; and
(ii)
may not be used to
purchase a fee interest in real property to preserve open land 
or agricultural land.
(c)
Money from the fund may be used to purchase a fee interest in real property to 
preserve open land or agricultural land if:
(i)
the property to be purchased is no more than 20 acres in size; and
(ii)
with respect to a parcel purchased in a county in which over 50% of the land area 
is publicly owned, real property roughly equivalent in size and located within that 
county is contemporaneously transferred to private ownership from the 
governmental entity that purchased the fee interest in real property.
(d)
Eminent domain may not be used or threatened in connection with any purchase 
using money from the fund.
(e)
A parcel of land larger than 20 acres in size may not be divided to create one or more 
parcels that are smaller than 20 acres in order to comply with Subsection (2)(c)(i).
(f)
A local entity, department, or organization under Subsection (1) may not receive 
money from the fund unless the local entity, department, or organization provides 
matching funds equal to or greater than the amount of money received from the fund.
(g)
In granting money from the fund, the board may impose conditions on the recipient 
as to how the money is to be spent.
(h)
The board shall give priority to:
(i)
working agricultural land; and
(ii)
after giving priority to working agricultural land under Subsection (2)(h)(i), 
requests from the Department of Natural Resources for up to 20% of each annual 
increase in the amount of money in the fund if the money is used for the 
protection of wildlife or watershed.
(i)
(i)
The board may not make a grant from the fund that exceeds $1,000,000 until 
after making a report to the Legislative Management Committee about the grant.
(ii)
The Legislative Management Committee may make a recommendation to the 
board concerning the intended grant, but the recommendation is not binding on 
the board.
(3)
In determining the amount and type of financial assistance to provide a local entity, 
department, or organization under Subsection (1) and subject to Subsection (2)(i), the 
board shall consider:
(a)
the nature and amount of open land and agricultural land proposed to be preserved or 
restored;
(b)
the qualities of the open land and agricultural land proposed to be preserved or 
restored;
(c)
the cost effectiveness of the project to preserve or restore open land or agricultural 
land;
(d)
the funds available;
(e)
the number of actual and potential applications for financial assistance and the 
amount of money sought by those applications;
(f)
the open land preservation plan of the local entity where the project is located and the 
priority placed on the project by that local entity;
(g)
the effects on housing affordability and diversity; and
(h)
whether the project protects against the loss of private property ownership.
(4)
If a local entity, department, or organization under Subsection (1) seeks money from the 
fund for a project whose purpose is to protect critical watershed, the board shall require 
that the needs and quality of that project be verified by the state engineer.
(5)
An interest in real property purchased with money from the fund shall be held and 
administered by the state or a local entity.
(6)
(a)
The board may not authorize the use of money under this section for a project 
unless the land use authority for the land in which the project is located consents to 
the project.
(b)
To obtain consent to a project, the person who is seeking money from the fund shall 
submit a request for consent to a project with the applicable land use authority. The 
land use authority may grant or deny consent. If the land use authority does not take 
action within 60 days from the day on which the request for consent is filed with the 
land use authority under this Subsection (6), the board shall treat the project as 
having the consent of the land use authority.
(c)
An action of a land use authority under this Subsection (6) is not a land use decision 
subject to:
(i)
Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
(ii)
Title 17, Chapter 27a, County Land Use, Development, and Management Act.
Section 30, Section 
4-46-304
 is amended to read:
4-46-304
. Agriculture Conservation Easement Account.
(1)
There is created 
within the General Fund a restricted account
an expendable special 
revenue fund
 known as the Agriculture Conservation Easement Account.
(2)
The Agriculture Conservation Easement Account consists of:
(a)
conservation easement stewardship fees;
(b)
grants from private foundations;
(c)
grants from local governments, the state, or the federal government;
(d)
grants from the Land Conservation Board created under Section 
4-46-201
;
(e)
donations from landowners for monitoring and enforcing compliance with 
conservation easements;
(f)
donations from any other person; and
(g)
interest on account money.
(3)
Upon appropriation by the Legislature, the
The
 department shall use money from the 
account to monitor and enforce compliance with conservation easements held by the 
department.
(4)
The department may not receive or expend donations from the account to acquire 
conservation easements.
Section 31, Section 
10-11-1
 is amended to read:
10-11-1
. Abatement of weeds, garbage, public nuisances, and hazardous 
materials -- Selection of service provider.
(1)
As used in this chapter, "hazardous materials" means the same as that term is defined in 
Section 
19-6-902
.
(2)
A municipal legislative body may:
(a)
designate and regulate the abatement of:
(i)
the growth and spread of injurious and noxious weeds;
(ii)
garbage and refuse;
(iii)
a public nuisance;
(iv)
an illegal object or structure; or
(v)
for a structure or any real property closed to occupancy or entry by a local health 
department, hazardous materials; and
(b)
appoint a municipal inspector for the purpose of carrying out and in accordance with 
the provisions of this chapter.
(3)
A municipal legislative body may not:
(a)
prohibit an owner or occupant of real property within the municipality's jurisdiction, 
including an owner or occupant who receives a notice in accordance with Section 
10-11-2
, from selecting a person, as defined in Section 
10-1-104
, to provide an 
abatement service for injurious and noxious weeds, garbage and refuse, a public 
nuisance, or an illegal object or structure; or
(b)
require that an owner or occupant described in Subsection 
(3)
(a) use the services of 
the municipal inspector or any assistance employed by the municipal inspector 
described in Section 
10-11-3
 to provide an abatement service described in Subsection 
(3)
(a).
(4)
A municipality may require that an owner or occupant described in Subsection 
(3)
(a) 
use the abatement services, as described in Section 
10-11-3
, of the municipal inspector, 
including the use of a certified decontamination specialist as described in Section 
19-6-906
, or any assistance employed by the municipal inspector if:
(a)
the municipality adopts an ordinance providing a reasonable period of time of at least 
10 days for an owner or occupant to abate the owner's or occupant's property after 
receiving a notice described in Section 
10-11-2
; and
(b)
the owner or occupant fails to abate the property within the reasonable period of time 
and in accordance with the notice.
(5)
A municipality may require that an owner or occupant use the abatement services of a 
certified decontamination specialist to abate hazardous materials.
(6)
Nothing in this chapter may be construed:
(a)
as authorizing a municipality to regulate items that are within the exclusive 
jurisdiction of the Department of Agriculture and Food as provided in Section 
4-2-305
, 
including commercial feed, 
fertilizer
plant food
, pesticides, and seeds; or
(b)
as limiting or abrogating the authority of a local health department under Section 
19-6-905
.
Section 32, Section 
11-46b-101
 is enacted to read:
46b. REGULATION OF LIVESTOCK
11-46b-101
. Definitions.
As used in this chapter:
(1)
"Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, or domesticated 
elk as defined in Section 
4-39-102
.
(2)
"Political subdivision" means:
(a)
a municipality as defined in Section 
10-1-104
; or
(b)
a county, as it relates to the regulation of livestock in the unincorporated area of the 
county.
Section 33, Section 
11-46b-102
 is enacted to read:
11-46b-102
. Actions allowed regarding livestock.
(1)
If an ordinance, resolution, or policy of a political subdivision permits a person to own 
livestock within the political subdivision's boundaries, the political subdivision shall, in 
accordance with this chapter, permit the person to trade, sell, or otherwise transfer the 
livestock up to the number of livestock the person is permitted to own by the political 
subdivision.
(2)
A political subdivision may require a business license for a person described in 
Subsection 
(1)
 to trade, sell, or otherwise transfer livestock, except that the political 
subdivision may not deny the issuance of a business license based in whole or in part on 
the fact that the person owns livestock or is trading, selling, or otherwise transferring the 
livestock.
Section 34, Section 
59-12-103
 is amended to read:
59-12-103
. Sales and use tax base -- Rates -- Effective dates -- Use of sales and 
use tax revenue.
(1)
A tax is imposed on the purchaser as provided in this part on the purchase price or sales 
price for amounts paid or charged for the following transactions:
(a)
retail sales of tangible personal property made within the state;
(b)
amounts paid for:
(i)
telecommunications service, other than mobile telecommunications service, that 
originates and terminates within the boundaries of this state;
(ii)
mobile telecommunications service that originates and terminates within the 
boundaries of one state only to the extent permitted by the Mobile 
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
(iii)
an ancillary service associated with a:
(A)
telecommunications service described in Subsection (1)(b)(i); or
(B)
mobile telecommunications service described in Subsection (1)(b)(ii);
(c)
sales of the following for commercial use:
(i)
gas;
(ii)
electricity;
(iii)
heat;
(iv)
coal;
(v)
fuel oil; or
(vi)
other fuels;
(d)
sales of the following for residential use:
(i)
gas;
(ii)
electricity;
(iii)
heat;
(iv)
coal;
(v)
fuel oil; or
(vi)
other fuels;
(e)
sales of prepared food;
(f)
except as provided in Section 
59-12-104
, amounts paid or charged as admission or 
user fees for theaters, movies, operas, museums, planetariums, shows of any type or 
nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, 
menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling 
matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling 
lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, 
ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, 
river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or 
any other amusement, entertainment, recreation, exhibition, cultural, or athletic 
activity;
(g)
amounts paid or charged for services for repairs or renovations of tangible personal 
property, unless Section 
59-12-104
 provides for an exemption from sales and use tax 
for:
(i)
the tangible personal property; and
(ii)
parts used in the repairs or renovations of the tangible personal property described 
in Subsection (1)(g)(i), regardless of whether:
(A)
any parts are actually used in the repairs or renovations of that tangible 
personal property; or
(B)
the particular parts used in the repairs or renovations of that tangible personal 
property are exempt from a tax under this chapter;
(h)
except as provided in Subsection 
59-12-104
(7), amounts paid or charged for assisted 
cleaning or washing of tangible personal property;
(i)
amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer 
court accommodations and services;
(j)
amounts paid or charged for laundry or dry cleaning services;
(k)
amounts paid or charged for leases or rentals of tangible personal property if within 
this state the tangible personal property is:
(i)
stored;
(ii)
used; or
(iii)
otherwise consumed;
(l)
amounts paid or charged for tangible personal property if within this state the tangible 
personal property is:
(i)
stored;
(ii)
used; or
(iii)
consumed;
(m)
amounts paid or charged for a sale:
(i)
(A)
of a product transferred electronically; or
(B)
of a repair or renovation of a product transferred electronically; and
(ii)
regardless of whether the sale provides:
(A)
a right of permanent use of the product; or
(B)
a right to use the product that is less than a permanent use, including a right:
(I)
for a definite or specified length of time; and
(II)
that terminates upon the occurrence of a condition; and
(n)
sales of leased tangible personal property from the lessor to the lessee made in the 
state.
(2)
(a)
Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are 
imposed on a transaction described in Subsection (1) equal to the sum of:
(i)
a state tax imposed on the transaction at a tax rate equal to the sum of:
(A)
4.70% plus the rate specified in Subsection (11)(a); and
(B)
(I)
the tax rate the state imposes in accordance with Part 18, Additional 
State Sales and Use Tax Act, if the location of the transaction as determined 
under Sections 
59-12-211
 through 
59-12-215
 is in a county in which the 
state imposes the tax under Part 18, Additional State Sales and Use Tax Act; 
and
(II)
the tax rate the state imposes in accordance with Part 20, Supplemental 
State Sales and Use Tax Act, if the location of the transaction as determined 
under Sections 
59-12-211
 through 
59-12-215
 is in a city, town, or the 
unincorporated area of a county in which the state imposes the tax under 
Part 20, Supplemental State Sales and Use Tax Act; and
(ii)
a local tax equal to the sum of the tax rates a county, city, or town imposes on the 
transaction under this chapter other than this part.
(b)
Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state 
tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal 
to the sum of:
(i)
a state tax imposed on the transaction at a tax rate of 2%; and
(ii)
a local tax equal to the sum of the tax rates a county, city, or town imposes on the 
transaction under this chapter other than this part.
(c)
Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed 
on amounts paid or charged for food and food ingredients equal to the sum of:
(i)
a state tax imposed on the amounts paid or charged for food and food ingredients 
at a tax rate of 1.75%; and
(ii)
a local tax equal to the sum of the tax rates a county, city, or town imposes on the 
amounts paid or charged for food and food ingredients under this chapter other 
than this part.
(d)
Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid 
or charged for fuel to a common carrier that is a railroad for use in a locomotive 
engine at a rate of 4.85%.
(e)
(i)
(A)
If a shared vehicle owner certifies to the commission, on a form 
prescribed by the commission, that the shared vehicle is an individual-owned 
shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to 
car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle 
owner.
(B)
A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is 
required once during the time that the shared vehicle owner owns the shared 
vehicle.
(C)
The commission shall verify that a shared vehicle is an individual-owned 
shared vehicle by verifying that the applicable Utah taxes imposed under this 
chapter were paid on the purchase of the shared vehicle.
(D)
The exception under Subsection (2)(e)(i)(A) applies to a certified 
individual-owned shared vehicle shared through a car-sharing program even if 
non-certified shared vehicles are also available to be shared through the same 
car-sharing program.
(ii)
A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
(iii)
(A)
A car-sharing program may rely in good faith on a shared vehicle owner's 
representation that the shared vehicle is an individual-owned shared vehicle 
certified with the commission as described in Subsection (2)(e)(i).
(B)
If a car-sharing program relies in good faith on a shared vehicle owner's 
representation that the shared vehicle is an individual-owned shared vehicle 
certified with the commission as described in Subsection (2)(e)(i), the 
car-sharing program is not liable for any tax, penalty, fee, or other sanction 
imposed on the shared vehicle owner.
(iv)
If all shared vehicles shared through a car-sharing program are certified as 
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has 
no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax 
period.
(v)
A car-sharing program is not required to list or otherwise identify an 
individual-owned shared vehicle on a return or an attachment to a return.
(vi)
A car-sharing program shall:
(A)
retain tax information for each car-sharing program transaction; and
(B)
provide the information described in Subsection (2)(e)(vi)(A) to the 
commission at the commission's request.
(f)
(i)
For a bundled transaction that is attributable to food and food ingredients and 
tangible personal property other than food and food ingredients, a state tax and a 
local tax is imposed on the entire bundled transaction equal to the sum of:
(A)
a state tax imposed on the entire bundled transaction equal to the sum of:
(I)
the tax rate described in Subsection (2)(a)(i)(A); and
(II)
(Aa)
the tax rate the state imposes in accordance with Part 18, 
Additional State Sales and Use Tax Act, if the location of the transaction 
as determined under Sections 
59-12-211
 through 
59-12-215
 is in a 
county in which the state imposes the tax under Part 18, Additional State 
Sales and Use Tax Act; and
(Bb)
the tax rate the state imposes in accordance with Part 20, Supplemental 
State Sales and Use Tax Act, if the location of the transaction as 
determined under Sections 
59-12-211
 through 
59-12-215
 is in a city, 
town, or the unincorporated area of a county in which the state imposes 
the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(B)
a local tax imposed on the entire bundled transaction at the sum of the tax 
rates described in Subsection (2)(a)(ii).
(ii)
If an optional computer software maintenance contract is a bundled transaction 
that consists of taxable and nontaxable products that are not separately itemized 
on an invoice or similar billing document, the purchase of the optional computer 
software maintenance contract is 40% taxable under this chapter and 60% 
nontaxable under this chapter.
(iii)
Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled 
transaction described in Subsection (2)(f)(i) or (ii):
(A)
if the sales price of the bundled transaction is attributable to tangible personal 
property, a product, or a service that is subject to taxation under this chapter 
and tangible personal property, a product, or service that is not subject to 
taxation under this chapter, the entire bundled transaction is subject to taxation 
under this chapter unless:
(I)
the seller is able to identify by reasonable and verifiable standards the 
tangible personal property, product, or service that is not subject to taxation 
under this chapter from the books and records the seller keeps in the seller's 
regular course of business; or
(II)
state or federal law provides otherwise; or
(B)
if the sales price of a bundled transaction is attributable to two or more items 
of tangible personal property, products, or services that are subject to taxation 
under this chapter at different rates, the entire bundled transaction is subject to 
taxation under this chapter at the higher tax rate unless:
(I)
the seller is able to identify by reasonable and verifiable standards the 
tangible personal property, product, or service that is subject to taxation 
under this chapter at the lower tax rate from the books and records the seller 
keeps in the seller's regular course of business; or
(II)
state or federal law provides otherwise.
(iv)
For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the 
seller's regular course of business includes books and records the seller keeps in 
the regular course of business for nontax purposes.
(g)
(i)
Except as otherwise provided in this chapter and subject to Subsections 
(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible 
personal property, a product, or a service that is subject to taxation under this 
chapter, and the sale, lease, or rental of tangible personal property, other property, 
a product, or a service that is not subject to taxation under this chapter, the entire 
transaction is subject to taxation under this chapter unless the seller, at the time of 
the transaction:
(A)
separately states the portion of the transaction that is not subject to taxation 
under this chapter on an invoice, bill of sale, or similar document provided to 
the purchaser; or
(B)
is able to identify by reasonable and verifiable standards, from the books and 
records the seller keeps in the seller's regular course of business, the portion of 
the transaction that is not subject to taxation under this chapter.
(ii)
A purchaser and a seller may correct the taxability of a transaction if:
(A)
after the transaction occurs, the purchaser and the seller discover that the 
portion of the transaction that is not subject to taxation under this chapter was 
not separately stated on an invoice, bill of sale, or similar document provided 
to the purchaser because of an error or ignorance of the law; and
(B)
the seller is able to identify by reasonable and verifiable standards, from the 
books and records the seller keeps in the seller's regular course of business, the 
portion of the transaction that is not subject to taxation under this chapter.
(iii)
For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller 
keeps in the seller's regular course of business includes books and records the 
seller keeps in the regular course of business for nontax purposes.
(h)
(i)
If the sales price of a transaction is attributable to two or more items of tangible 
personal property, products, or services that are subject to taxation under this 
chapter at different rates, the entire purchase is subject to taxation under this 
chapter at the higher tax rate unless the seller, at the time of the transaction:
(A)
separately states the items subject to taxation under this chapter at each of the 
different rates on an invoice, bill of sale, or similar document provided to the 
purchaser; or
(B)
is able to identify by reasonable and verifiable standards the tangible personal 
property, product, or service that is subject to taxation under this chapter at the 
lower tax rate from the books and records the seller keeps in the seller's regular 
course of business.
(ii)
For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the 
seller's regular course of business includes books and records the seller keeps in 
the regular course of business for nontax purposes.
(i)
Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate 
imposed under the following shall take effect on the first day of a calendar quarter:
(i)
Subsection (2)(a)(i)(A);
(ii)
Subsection (2)(b)(i);
(iii)
Subsection (2)(c)(i); or
(iv)
Subsection (2)(f)(i)(A)(I).
(j)
(i)
A tax rate increase takes effect on the first day of the first billing period that 
begins on or after the effective date of the tax rate increase if the billing period for 
the transaction begins before the effective date of a tax rate increase imposed 
under:
(A)
Subsection (2)(a)(i)(A);
(B)
Subsection (2)(b)(i);
(C)
Subsection (2)(c)(i); or
(D)
Subsection (2)(f)(i)(A)(I).
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is rendered on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under:
(A)
Subsection (2)(a)(i)(A);
(B)
Subsection (2)(b)(i);
(C)
Subsection (2)(c)(i); or
(D)
Subsection (2)(f)(i)(A)(I).
(k)
(i)
For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale 
is computed on the basis of sales and use tax rates published in the catalogue, a 
tax rate repeal or change in a tax rate takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the tax rate repeal or tax rate 
change.
(ii)
Subsection (2)(k)(i) applies to the tax rates described in the following:
(A)
Subsection (2)(a)(i)(A);
(B)
Subsection (2)(b)(i);
(C)
Subsection (2)(c)(i); or
(D)
Subsection (2)(f)(i)(A)(I).
(iii)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the commission may by rule define the term "catalogue sale."
(l)
(i)
For a location described in Subsection (2)(l)(ii), the commission shall determine 
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel 
based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other 
fuel at the location.
(ii)
Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil, 
or other fuel is furnished through a single meter for two or more of the following 
uses:
(A)
a commercial use;
(B)
an industrial use; or
(C)
a residential use.
(3)
(a)
The following state taxes shall be deposited into the General Fund:
(i)
the tax imposed by Subsection (2)(a)(i)(A);
(ii)
the tax imposed by Subsection (2)(b)(i);
(iii)
the tax imposed by Subsection (2)(c)(i); and
(iv)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(b)
The following local taxes shall be distributed to a county, city, or town as provided 
in this chapter:
(i)
the tax imposed by Subsection (2)(a)(ii);
(ii)
the tax imposed by Subsection (2)(b)(ii);
(iii)
the tax imposed by Subsection (2)(c)(ii); and
(iv)
the tax imposed by Subsection (2)(f)(i)(B).
(c)
The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
(4)
(a)
Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1, 
2003, the lesser of the following amounts shall be expended as provided in 
Subsections (4)(b) through (g):
(i)
for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
(A)
by a 1/16% tax rate on the transactions described in Subsection (1); and
(B)
for the fiscal year; or
(ii)
$17,500,000.
(b)
(i)
For a fiscal year beginning on or after July 1, 2003, 14% of the amount 
described in Subsection (4)(a) shall be transferred each year as designated sales 
and use tax revenue to the Division of Wildlife Resources to:
(A)
implement the measures described in Subsections 
23A-3-214
(3)(a) through (d) 
to protect sensitive plant and animal species; or
(B)
award grants, up to the amount authorized by the Legislature in an 
appropriations act, to political subdivisions of the state to implement the 
measures described in Subsections 
23A-3-214
(3)(a) through (d) to protect 
sensitive plant and animal species.
(ii)
Money transferred to the Division of Wildlife Resources under Subsection 
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or 
any other person to list or attempt to have listed a species as threatened or 
endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et 
seq.
(iii)
At the end of each fiscal year:
(A)
50% of any unexpended designated sales and use tax revenue shall lapse to 
the Water Resources Conservation and Development Fund created in Section 
73-10-24
;
(B)
25% of any unexpended designated sales and use tax revenue shall lapse to the 
Utah Wastewater Loan Program Subaccount created in Section 
73-10c-5
; and
(C)
25% of any unexpended designated sales and use tax revenue shall lapse to the 
Drinking Water Loan Program Subaccount created in Section 
73-10c-5
.
(c)
For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in 
Subsection (4)(a) shall be 
deposited each year in the Agriculture Resource 
Development Fund created in Section 
4-18-106
transferred each year as designated 
sales and use tax revenue to the Division of Conservation created in Section 
4-46-401
to implement water related programs
.
(d)
(i)
For a fiscal year beginning on or after July 1, 2003, 1% of the amount 
described in Subsection (4)(a) shall be transferred each year as designated sales 
and use tax revenue to the Division of Water Rights to cover the costs incurred in 
hiring legal and technical staff for the adjudication of water rights.
(ii)
At the end of each fiscal year:
(A)
50% of any unexpended designated sales and use tax revenue shall lapse to 
the Water Resources Conservation and Development Fund created in Section 
73-10-24
;
(B)
25% of any unexpended designated sales and use tax revenue shall lapse to the 
Utah Wastewater Loan Program Subaccount created in Section 
73-10c-5
; and
(C)
25% of any unexpended designated sales and use tax revenue shall lapse to the 
Drinking Water Loan Program Subaccount created in Section 
73-10c-5
.
(e)
(i)
For a fiscal year beginning on or after July 1, 2003, 41% of the amount 
described in Subsection (4)(a) shall be deposited into the Water Resources 
Conservation and Development Fund created in Section 
73-10-24
 for use by the 
Division of Water Resources.
(ii)
In addition to the uses allowed of the Water Resources Conservation and 
Development Fund under Section 
73-10-24
, the Water Resources Conservation 
and Development Fund may also be used to:
(A)
conduct hydrologic and geotechnical investigations by the Division of Water 
Resources in a cooperative effort with other state, federal, or local entities, for 
the purpose of quantifying surface and ground water resources and describing 
the hydrologic systems of an area in sufficient detail so as to enable local and 
state resource managers to plan for and accommodate growth in water use 
without jeopardizing the resource;
(B)
fund state required dam safety improvements; and
(C)
protect the state's interest in interstate water compact allocations, including the 
hiring of technical and legal staff.
(f)
For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in 
Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program 
Subaccount created in Section 
73-10c-5
 for use by the Water Quality Board to fund 
wastewater projects.
(g)
For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described 
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program 
Subaccount created in Section 
73-10c-5
 for use by the Division of Drinking Water to:
(i)
provide for the installation and repair of collection, treatment, storage, and 
distribution facilities for any public water system, as defined in Section 
19-4-102
;
(ii)
develop underground sources of water, including springs and wells; and
(iii)
develop surface water sources.
(5)
(a)
Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1, 
2006, the difference between the following amounts shall be expended as provided in 
this Subsection (5), if that difference is greater than $1:
(i)
for taxes listed under Subsection (3)(a), the amount of tax revenue generated for 
the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); 
and
(ii)
$17,500,000.
(b)
(i)
The first $500,000 of the difference described in Subsection (5)(a) shall be:
(A)
transferred each fiscal year to the Department of Natural Resources as 
designated sales and use tax revenue; and
(B)
expended by the Department of Natural Resources for watershed rehabilitation 
or restoration.
(ii)
At the end of each fiscal year, 100% of any unexpended designated sales and use 
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources 
Conservation and Development Fund created in Section 
73-10-24
.
(c)
(i)
After making the transfer required by Subsection (5)(b)(i), $150,000 of the 
remaining difference described in Subsection (5)(a) shall be:
(A)
transferred each fiscal year to the Division of Water Resources as designated 
sales and use tax revenue; and
(B)
expended by the Division of Water Resources for cloud-seeding projects 
authorized by Title 73, Chapter 15, Modification of Weather.
(ii)
At the end of each fiscal year, 100% of any unexpended designated sales and use 
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources 
Conservation and Development Fund created in Section 
73-10-24
.
(d)
After making the transfers required by Subsections (5)(b) and (c), 85% of the 
remaining difference described in Subsection (5)(a) shall be deposited into the Water 
Resources Conservation and Development Fund created in Section 
73-10-24
 for use 
by the Division of Water Resources for:
(i)
preconstruction costs:
(A)
as defined in Subsection 
73-26-103
(6) for projects authorized by Title 73, 
Chapter 26, Bear River Development Act; and
(B)
as defined in Subsection 
73-28-103
(8) for the Lake Powell Pipeline project 
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
(ii)
the cost of employing a civil engineer to oversee any project authorized by Title 
73, Chapter 26, Bear River Development Act;
(iii)
the cost of employing a civil engineer to oversee the Lake Powell Pipeline 
project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development 
Act; and
(iv)
other uses authorized under Sections 
73-10-24
, 
73-10-25.1
, and 
73-10-30
, and 
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) 
through (iii).
(e)
After making the transfers required by Subsections (5)(b) and (c), 15% of the 
remaining difference described in Subsection (5)(a) shall be deposited each year into 
the Water Rights Restricted Account created by Section 
73-2-1.6
.
(6)
Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each 
fiscal year, the commission shall deposit into the Water Infrastructure Restricted 
Account created in Section 
73-10g-103
 the amount of revenue generated by a 1/16% tax 
rate on the transactions described in Subsection (1) for the fiscal year.
(7)
(a)
Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d), 
for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into 
the Transportation Investment Fund of 2005 created by Section 
72-2-124
 a portion of 
the taxes listed under Subsection (3)(a) equal to 17% of the revenue collected from 
the following sales and use taxes:
(i)
the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(ii)
the tax imposed by Subsection (2)(b)(i);
(iii)
the tax imposed by Subsection (2)(c)(i); and
(iv)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(b)
(i)
For a fiscal year beginning on or after July 1, 2024, the commission shall 
annually reduce the deposit under Subsection (7)(a) into the Transportation 
Investment Fund of 2005 by an amount equal to .44% of the revenue collected 
from the following sales and use taxes:
(A)
the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(B)
the tax imposed by Subsection (2)(b)(i);
(C)
the tax imposed by Subsection (2)(c)(i); and
(D)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(ii)
The commission shall annually deposit the amount described in Subsection 
(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in 
Section 
72-2-124
.
(c)
(i)
Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1, 
2023, the commission shall annually reduce the deposit into the Transportation 
Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is 
equal to 5% of:
(A)
the amount of revenue generated in the current fiscal year by the portion of 
taxes listed under Subsection (3)(a) that equals 20.68% of the revenue 
collected from taxes described in Subsections (7)(a)(i) through (iv);
(B)
the amount of revenue generated in the current fiscal year by registration fees 
designated under Section 
41-1a-1201
 to be deposited into the Transportation 
Investment Fund of 2005; and
(C)
revenue transferred by the Division of Finance to the Transportation 
Investment Fund of 2005 in accordance with Section 
72-2-106
 in the current 
fiscal year.
(ii)
The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a 
given fiscal year.
(iii)
The commission shall annually deposit the amount described in Subsection 
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection 
72-2-124
(11).
(d)
(i)
For a fiscal year beginning on or after July 1, 2024, the commission shall 
annually reduce the deposit into the Transportation Investment Fund of 2005 
under this Subsection (7) by an amount that is equal to 1% of the revenue 
collected from the following sales and use taxes:
(A)
the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(B)
the tax imposed by Subsection (2)(b)(i);
(C)
the tax imposed by Subsection (2)(c)(i); and
(D)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(ii)
The commission shall annually deposit the amount described in Subsection 
(7)(d)(i) into the Commuter Rail Subaccount created in Section 
72-2-124
.
(8)
(a)
Notwithstanding Subsection (3)(a), in addition to the amounts deposited under 
Subsection (7), and subject to Subsections (8)(b)
 and 
(d)(ii)
, for a fiscal year 
beginning on or after July 1, 2018, the commission shall annually deposit into the 
Transportation Investment Fund of 2005 created by Section 
72-2-124
 a portion of the 
taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the revenue 
collected from the following taxes:
(i)
the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(ii)
the tax imposed by Subsection (2)(b)(i);
(iii)
the tax imposed by Subsection (2)(c)(i); and
(iv)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(b)
For a fiscal year beginning on or after July 1, 2019, the commission shall annually 
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection 
(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the 
current fiscal year by the portion of the tax imposed on motor and special fuel that is 
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
(c)
The commission shall annually deposit the amount described in Subsection (8)(b) 
into the Transit Transportation Investment Fund created in Section 
72-2-124
.
(9)
Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year 
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies 
Fund created by Section 
35A-8-1009
 and expended as provided in Section 
35A-8-1009
.
(10)
Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal 
year during which the commission receives notice under Section 
63N-2-510
 that 
construction on a qualified hotel, as defined in Section 
63N-2-502
, has begun, the 
commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the 
revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact 
Mitigation Fund, created in Section 
63N-2-512
.
(11)
(a)
The rate specified in this subsection is 0.15%.
(b)
Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning 
on or after July 1, 2019, annually transfer the amount of revenue collected from the 
rate described in Subsection (11)(a) on the transactions that are subject to the sales 
and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in 
Section 
26B-1-315
.
(12)
Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year 
2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated 
credit solely for use of the Search and Rescue Financial Assistance Program created in, 
and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
(13)
(a)
For each fiscal year beginning with fiscal year 2020-21, the commission shall 
annually transfer $1,813,400 of the revenue deposited into the Transportation 
Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.
(b)
If the total revenue deposited into the Transportation Investment Fund of 2005 under 
Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall 
transfer the total revenue deposited into the Transportation Investment Fund of 2005 
under Subsections (7) and (8) during the fiscal year to the General Fund.
(14)
Notwithstanding Subsection (3)(a), and as described in Section 
63N-3-610
, beginning 
the first day of the calendar quarter one year after the sales and use tax boundary for a 
housing and transit reinvestment zone is established, the commission, at least annually, 
shall transfer an amount equal to 15% of the sales and use tax increment within an 
established sales and use tax boundary, as defined in Section 
63N-3-602
, into the Transit 
Transportation Investment Fund created in Section 
72-2-124
.
(15)
Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning 
on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure Restricted 
Account, created in Section 
51-9-902
, a portion of the taxes listed under Subsection 
(3)(a) equal to 1% of the revenue collected from the following sales and use taxes:
(a)
the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(b)
the tax imposed by Subsection (2)(b)(i);
(c)
the tax imposed by Subsection (2)(c)(i); and
(d)
the tax imposed by Subsection (2)(f)(i)(A)(I).
(16)
Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission shall 
transfer to the Utah Fairpark Area Investment and Restoration District, created in 
Section 
11-70-201
, the revenue from the sales and use tax imposed by Subsection 
(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as 
defined in Section 
11-70-101
.
(17)
(a)
As used in this Subsection (17):
(i)
"Additional land" means point of the mountain state land described in Subsection 
11-59-102(6)(b)
 that the point of the mountain authority acquires after the point of 
the mountain authority provides the commission a map under Subsection (17)(c).
(ii)
"Point of the mountain authority" means the Point of the Mountain State Land 
Authority, created in Section 
11-59-201
.
(iii)
"Point of the mountain state land" means the same as that term is defined in 
Section 
11-59-102
.
(b)
Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the 
mountain authority 50% of the revenue from the sales and use tax imposed by 
Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the 
mountain state land.
(c)
The distribution under Subsection (17)(b) shall begin the next calendar quarter that 
begins at least 90 days after the point of the mountain authority provides the 
commission a map that:
(i)
accurately describes the point of the mountain state land; and
(ii)
the point of the mountain authority certifies as accurate.
(d)
A distribution under Subsection (17)(b) with respect to additional land shall begin 
the next calendar quarter that begins at least 90 days after the point of the mountain 
authority provides the commission a map of point of the mountain state land that:
(i)
accurately describes the point of the mountain state land, including the additional 
land; and
(ii)
the point of the mountain authority certifies as accurate.
(e)
(i)
Upon the payment in full of bonds secured by the sales and use tax revenue 
distributed to the point of the mountain authority under Subsection (17)(b), the 
point of the mountain authority shall immediately notify the commission in 
writing that the bonds are paid in full.
(ii)
The commission shall discontinue distributions of sales and use tax revenue under 
Subsection (17)(b) at the beginning of the calendar quarter that begins at least 90 
days after the date that the commission receives the written notice under 
Subsection (17)(e)(i).
Section 35, Section 
63J-1-602.2
 is amended to read:
63J-1-602.2
. List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1)
The Legislature and the Legislature's committees.
(2)
The State Board of Education, including all appropriations to agencies, line items, and 
programs under the jurisdiction of the State Board of Education, in accordance with 
Section 
53F-9-103
.
(3)
The Rangeland Improvement Act created in Section 
4-20-101
.
(4)
The Percent-for-Art Program created in Section 
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund 
Program 
created in 
Section 
4-46-301
Title 4, Chapter 46, Part 3, LeRay McAllister Working Farm and Ranch Fund 
Program
.
(6)
The Utah Lake Authority created in Section 
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under 
Subsection 
17-16-21
(2)(d)(ii).
(8)
The Wildlife Land and Water Acquisition Program created in Section 
23A-6-205
.
(9)
Sanctions collected as dedicated credits from Medicaid providers under Subsection 
26B-3-108
(7).
(10)
The primary care grant program created in Section 
26B-4-310
.
(11)
The Opiate Overdose Outreach Pilot Program created in Section 
26B-4-512
.
(12)
The Utah Health Care Workforce Financial Assistance Program created in Section 
26B-4-702
.
(13)
The Rural Physician Loan Repayment Program created in Section 
26B-4-703
.
(14)
The Utah Medical Education Council for the:
(a)
administration of the Utah Medical Education Program created in Section 
26B-4-707
;
(b)
provision of medical residency grants described in Section 
26B-4-711
; and
(c)
provision of the forensic psychiatric fellowship grant described in Section 
26B-4-712
.
(15)
The Division of Services for People with Disabilities, as provided in Section 
26B-6-402
.
(16)
The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program 
created in Section 
26B-7-122
.
(17)
Funds that the Department of Alcoholic Beverage Services retains in accordance with 
Subsection 
32B-2-301
(8)(a) or (b).
(18)
The General Assistance program administered by the Department of Workforce 
Services, as provided in Section 
35A-3-401
.
(19)
The Utah National Guard, created in Title 39A, National Guard and Militia Act.
(20)
The Search and Rescue Financial Assistance Program, as provided in Section 
53-2a-1102
.
(21)
The Emergency Medical Services Grant Program in Section 
53-2d-207
.
(22)
The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(23)
The Utah Board of Higher Education for teacher preparation programs, as provided in 
Section 
53B-6-104
.
(24)
Innovation grants under Section 
53G-10-608
, except as provided in Subsection 
53G-10-608
(6).
(25)
The Division of Fleet Operations for the purpose of upgrading underground storage 
tanks under Section 
63A-9-401
.
(26)
The Division of Technology Services for technology innovation as provided under 
Section 
63A-16-903
.
(27)
The State Capitol Preservation Board created by Section 
63O-2-201
.
(28)
The Office of Administrative Rules for publishing, as provided in Section 
63G-3-402
.
(29)
The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado 
River Authority of Utah Act.
(30)
The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as 
provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(31)
The Governor's Office of Economic Opportunity's Rural Employment Expansion 
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion 
Program.
(32)
County correctional facility contracting program for state inmates as described in 
Section 
64-13e-103
.
(33)
County correctional facility reimbursement program for state probationary inmates and 
state parole inmates as described in Section 
64-13e-104
.
(34)
Programs for the Jordan River Recreation Area as described in Section 
65A-2-8
.
(35)
The Division of Human Resource Management user training program, as provided in 
Section 
63A-17-106
.
(36)
A public safety answering point's emergency telecommunications service fund, as 
provided in Section 
69-2-301
.
(37)
The Traffic Noise Abatement Program created in Section 
72-6-112
.
(38)
The money appropriated from the Navajo Water Rights Negotiation Account to the 
Division of Water Rights, created in Section 
73-2-1.1
, for purposes of participating in a 
settlement of federal reserved water right claims.
(39)
The Judicial Council for compensation for special prosecutors, as provided in Section 
77-10a-19
.
(40)
A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(41)
The Utah Geological Survey, as provided in Section 
79-3-401
.
(42)
The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(43)
Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
(44)
Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense 
Commission.
(45)
The program established by the Division of Facilities Construction and Management 
under Section 
63A-5b-703
 under which state agencies receive an appropriation and pay 
lease payments for the use and occupancy of buildings owned by the Division of 
Facilities Construction and Management.
(46)
The State Tax Commission for reimbursing counties for deferrals in accordance with 
Section 
59-2-1802.5
.
(47)
The Veterinarian Education Loan Repayment Program created in Section 
4-2-902
.
Section 36, Section 
73-10g-205
 is amended to read:
73-10g-205
. Agricultural Water Optimization Committee.
(1)
There is created in the department a committee known as the "Agricultural Water 
Optimization Committee" that consists of:
(a)
the commissioner of the department, or the commissioner's designee;
(b)
the director of the division, or the director's designee;
(c)
the director of the Division of Water Rights, or the director's designee;
(d)
the dean of the College of Agriculture and Applied Science from Utah State 
University, or the dean's designee;
(e)
one individual representing local conservation districts created by Title 17D, Chapter 
3, Conservation District Act, appointed by the executive director of the Department 
of Natural Resources;
(f)
one individual representing water conservancy districts, appointed by the executive 
director of the Department of Natural Resources; and
(g)
three Utah residents representing the interests of the agriculture industry appointed 
by the executive director of the Department of Natural Resources.
(2)
(a)
An individual appointed under Subsection (1) shall serve for a term of four years.
(b)
Notwithstanding the requirements of Subsection (2)(a), the executive director of the 
Department of Natural Resources shall, at the time of appointment or reappointment, 
adjust the length of terms to ensure that the terms of appointed members are 
staggered so that approximately half of the appointed members are appointed every 
two years.
(3)
(a)
The presence of five members constitutes a quorum.
(b)
The vote of five members constitutes the transaction of business by the committee.
(c)
The committee shall select one of the committee's members to be chair. The 
committee may select a member to be vice chair to act in place of the chair:
(i)
during the absence or disability of the chair; or
(ii)
as requested by the chair.
(d)
The committee shall convene at the times and places prescribed by the chair.
(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
.
(5)
The department shall provide administrative support to the committee.
(6)
The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, establishing:
(a)
eligibility requirements for a grant issued under Section 
73-10g-206
, except that the 
eligibility requirements shall:
(i)
require at least a match for grant money of 50% of the total costs, except that for a 
grant application filed on or after January 1, 2024, the eligibility requirements 
shall require at least a match of 25% of the total costs for
:
(A)
a 
subsurface 
drip 
or automated surge 
irrigation project;
(B)
an automated surge irrigation project; or
(C)
a measurement, telemetry, or reporting project;
(ii)
consider the statewide need to distribute grant money;
(iii)
require a grant recipient to construct or install and maintain one or more 
measuring devices as necessary to comply with Section 
73-5-4
 and rules adopted 
by the Division of Water Rights regarding installation, use, and maintenance of 
devices to measure water use and to demonstrate water use in accordance with a 
project funded by a grant; and
(iv)
require a grant recipient to report water diversion and use measurements to the 
state engineer pursuant to Section 
73-5-4
 and rules made by the state engineer, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for 
water measurement and reporting;
(b)
the process for applying for a grant issued under Section 
73-10g-206
; and
(c)
preliminary screening criteria to be used by the department under Subsection 
73-10g-206
(2)(d).
(7)
The committee shall, in coordination with the division:
(a)
as of July 1, 2023, assume oversight of all remaining research and contracts of the 
previous Agricultural Water Optimization Task Force activities;
(b)
post research to address and account for farm economics at the enterprise and 
community level that affects agricultural water optimization and encourage market 
behavior that financially rewards agricultural water optimization practices;
(c)
oversee research to identify obstacles to and constraints upon optimization of 
agricultural water use, and to recommend management tools, technologies, and other 
opportunities to optimize agricultural water use as measured at the basin level; and
(d)
facilitate benefits for farmers who optimize water use and protect water quality.
(8)
The committee shall comply with Section 
73-10g-206
 related to grants issued under this 
part.
Section 37, 
Repealer.
Title.
Utah Agriculture Certificate of Environmental Stewardship Program.
Agriculture Certificate of Environmental Stewardship.
Section 38. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 9:38 AM