Read the full stored bill text
261
4-1-101
4-2-101
4-2-501
4-3-101
4-4-101
4-4a-101
4-5-101
4-5a-101
4-7-101
4-8-101
4-9-101
4-10-101
4-11-101
4-12-101
4-14-101
4-15-101
4-16-101
4-17-101
4-18-101
4-18-106
4-18-201
4-18-301
4-19-101
4-20-101
4-21-101
4-22-101
4-23-101
4-24-101
4-25-101
4-26-101
4-30-101
4-31-101
4-32-101
4-32a-101
4-34-101
4-35-101
4-37-101
4-38-101
4-39-101
4-41-101
4-41-401
4-41a-101
4-44-101
4-45-101
4-46-303
11-13-228
11-65-202
19-1-101
19-1-105
19-1-108
19-1-207
19-1-403.3
19-1-501
19-1-601
19-2-101
19-2-201
19-2-301
19-2a-101
19-3-101
19-3-320
19-4-101
19-4-103
19-4-106
19-5-101
19-5-122
19-5-203
19-6-101
19-6-102.1
19-6-118.5
19-6-119
19-6-201
19-6-301
19-6-501
19-6-701
19-6-801
19-6-901
19-6-1001
19-6-1002
19-6-1003
19-6-1004
19-6-1005
19-6-1006
19-6-1101
19-6-1201
19-7-101
19-8-101
19-10-101
19-10-102
19-12-101
19-13-101
23A-3-205
23A-4-702
23A-6-205
23A-11-302
23A-12-303
40-2-101
54-17-701
63A-1-116
63A-9-401
63G-4-102
63I-1-219
63I-1-265
63J-1-602.2
63J-8-106
63L-11-305
65A-6-4
65A-8a-101
65A-10-5
65A-14-101
65A-16-301
73-2-1.7
73-3b-101
73-3c-101
73-10-33
73-10-35
73-10g-101
73-10g-201
73-10g-204
73-10g-305
73-10g-309
73-10g-405
73-10g-703
73-18c-101
73-20-1
73-20-2
73-20-3
73-20-4
73-20-5
73-20-6
73-20-7
73-20-8
73-20-9
73-20-10
73-20-11
73-26-101
73-28-101
73-29-101
73-31-101
73-32-202
73-32-204
73-32-303
76-17-401
79-1-101
79-2-101
79-2-405
79-2-406
79-2-408
79-2-501
79-2-504
79-3-101
79-4-1201
79-5-101
79-6-101
79-6-406
79-6-501
79-6-601
79-8-101
79-8-203
79-8-301
1
Natural Resources, Agriculture, and Environment Technical Changes
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor: Carl R. Albrecht
LONG TITLE
General Description:
This bill addresses obsolete programs and makes other technical changes to statutes within
the purview of natural resources, agriculture, and environment or related legislative
committees.
Highlighted Provisions:
This bill:
repeals language related to outdated authorizations to borrow or lend money from the
Agricultural Water Optimization Account;
repeals sections codifying the titles of a title, chapter, or part;
requires certain annual reports to legislative committees be submitted by no later than
October 1;
repeals outdated reviews, reports, or studies;
repeals outdated transitional language related to membership of boards;
repeals outdated language regarding fees;
corrects typographical errors;
makes conforming amendments to sunset provisions;
clarifies language regarding the federal Recreation and Public Purposes Act;
repeals outdated deadlines for required management plans for water conveyance facilities;
clarifies the procedure for the Great Salt Lake commissioner's submission of a strategic
plan;
repeals obsolete provisions related to mercury switch removal;
repeals outdated provisions related to presenting rules for carbon capture and geological
storage;
repeals completed study of transportation, heating, and electricity-generating fuel storage
reserves;
repeals outdated provisions related to regulatory certainty;
repeals outdated requirement to participate in a survey;
repeals outdated emergency water resources chapter; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-18-106
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 91
4-18-201
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-26-101
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 345
4-46-303
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 271
11-13-228
Effective
05/06/26
, as enacted by Laws of Utah 2024, Chapter 522
11-65-202
Effective
05/06/26
, as enacted by Laws of Utah 2022, Chapter 59
19-1-105
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 14
19-1-108
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 336
19-1-403.3
Effective
05/06/26
, as enacted by Laws of Utah 2016, Chapter 369
19-2-101
Effective
05/06/26
Repealed
07/01/29
, as renumbered and amended by
Laws of Utah 1991, Chapter 112
19-4-103
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, Chapter 57
19-4-106
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2023, Chapter 238
19-5-122
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2009, Chapter 183
19-6-102.1
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2020, Chapters 256, 354
19-6-118.5
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2010, Chapter 17
19-6-119
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, First Special Session, Chapter 16
19-10-101
Effective
05/06/26
, as last amended by Laws of Utah 2006, Chapter 51
19-10-102
Effective
05/06/26
, as enacted by Laws of Utah 2003, Chapter 44
23A-3-205
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
23A-4-702
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 345
and renumbered and amended by Laws of Utah 2023, Chapter 103
23A-6-205
Effective
05/06/26
, as enacted by Laws of Utah 2023, Chapter 345
23A-11-302
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 116
23A-12-303
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 140
63A-1-116
Effective
05/06/26
, as last amended by Laws of Utah 2016, Chapter 187
63A-9-401
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 16
63G-4-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 14,
260 and 340
63I-1-219
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 14, 121
and 522
63I-1-265
Effective
05/06/26
, as last amended by Laws of Utah 2024, Third Special
Session, Chapter 5
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 17
63J-8-106
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 382
63L-11-305
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 140,
148
65A-6-4
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 151
65A-16-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 93
73-10-33
Effective
05/06/26
, as last amended by Laws of Utah 2014, Chapter 355
73-10g-204
Effective
05/06/26
Repealed
07/01/28
, as last amended by Laws of Utah
2025, Chapter 99
73-10g-305
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 335
73-10g-703
Effective
05/06/26
Repealed
07/01/34
, as last amended by Laws of Utah
2025, Chapter 93
73-32-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 93
73-32-204
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 25
73-32-303
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2025, Chapter 93
76-17-401
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
79-2-406
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 88
79-2-408
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 38
79-2-504
Effective
05/06/26
, as enacted by Laws of Utah 2016, Chapter 358
79-8-203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 83, 271
REPEALS:
4-1-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-2-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-2-501
Effective
05/06/26
, as enacted by Laws of Utah 2015, Chapter 128
4-3-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-4-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-4a-101
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 323
4-5-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-5a-101
Effective
05/06/26
, as enacted by Laws of Utah 2018, Chapter 377
4-7-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-8-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-9-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-10-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-11-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-12-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2018,
Chapter 355
4-14-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-15-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-16-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-17-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-18-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2013,
Chapter 227
4-18-301
Effective
05/06/26
Repealed
07/01/26
, as enacted by Laws of Utah 2021,
Chapter 178
4-19-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-20-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-21-101
Effective
05/06/26
, as enacted by Laws of Utah 2018, Chapter 393
4-22-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-23-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-24-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-25-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-30-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-31-101
Effective
05/06/26
, as enacted by Laws of Utah 2012, Chapter 331
4-32-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-32a-101
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 315
4-34-101
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 345
4-35-101
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 326
4-37-101
Effective
05/06/26
, as enacted by Laws of Utah 1994, Chapter 153
4-38-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 345
4-39-101
Effective
05/06/26
, as enacted by Laws of Utah 1997, Chapter 302
4-41-101
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 14
4-41-401
Effective
05/06/26
, as last amended by Laws of Utah 2019, Chapter 23
4-41a-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2018,
Third Special Session, Chapter 1
4-44-101
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 81
4-45-101
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 329
19-1-101
Effective
05/06/26
, as enacted by Laws of Utah 1991, Chapter 112
19-1-207
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 178
19-1-501
Effective
05/06/26
, as enacted by Laws of Utah 2010, Chapter 170
19-1-601
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 281
19-2-201
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2014,
Chapter 295
19-2-301
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2015,
Chapter 381
19-2a-101
Effective
05/06/26
, as enacted by Laws of Utah 2018, Chapter 120
19-3-101
Effective
05/06/26
, as enacted by Laws of Utah 1991, Chapter 112
19-3-320
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 184
19-4-101
Effective
05/06/26
Repealed
07/01/29
, as renumbered and amended by
Laws of Utah 1991, Chapter 112
19-5-101
Effective
05/06/26
Repealed
07/01/29
, as renumbered and amended by
Laws of Utah 1991, Chapter 112
19-5-203
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2022,
Chapter 66
19-6-101
Effective
05/06/26
Repealed
07/01/29
, as renumbered and amended by
Laws of Utah 1991, Chapter 112
19-6-201
Effective
05/06/26
, as renumbered and amended by Laws of Utah 1991,
Chapter 112
19-6-301
Effective
05/06/26
Repealed
07/01/30
, as renumbered and amended by
Laws of Utah 1991, Chapter 112
19-6-501
Effective
05/06/26
, as renumbered and amended by Laws of Utah 1991,
Chapter 112
19-6-701
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 1993,
Chapter 283
19-6-801
Effective
05/06/26
Repealed
07/01/30
, as renumbered and amended by
Laws of Utah 2000, Chapter 51
19-6-901
Effective
05/06/26
, as enacted by Laws of Utah 2004, Chapter 249
19-6-1001
Effective
05/06/26
Repealed
07/01/27
, as enacted by Laws of Utah 2006,
Chapter 187
19-6-1002
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2015, Chapter 451
19-6-1003
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2012, Chapter 360
19-6-1004
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2012, Chapter 360
19-6-1005
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2012, Chapter 360
19-6-1006
Effective
05/06/26
Repealed
07/01/27
, as enacted by Laws of Utah 2006,
Chapter 187
19-6-1101
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 340
19-6-1201
Effective
05/06/26
, as enacted by Laws of Utah 2011, Chapter 213
19-7-101
Effective
05/06/26
, as enacted by Laws of Utah 1995, Chapter 304
19-8-101
Effective
05/06/26
, as enacted by Laws of Utah 1997, Chapter 247
19-12-101
Effective
05/06/26
, as enacted by Laws of Utah 2014, Chapter 24
19-13-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2020,
Chapter 360
40-2-101
Effective
05/06/26
, as enacted by Laws of Utah 2008, Chapter 113
54-17-701
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 178
65A-8a-101
Effective
05/06/26
, as enacted by Laws of Utah 2001, Chapter 80
65A-10-5
Effective
05/06/26
Repealed
07/01/27
, as enacted by Laws of Utah 2024,
Chapter 384
65A-14-101
Effective
05/06/26
, as enacted by Laws of Utah 2010, Chapter 21
73-2-1.7
Effective
05/06/26
, as enacted by Laws of Utah 2022, Chapter 75
73-3b-101
Effective
05/06/26
, as enacted by Laws of Utah 1991, Chapter 146
73-3c-101
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 179
73-10-35
Effective
05/06/26
, as enacted by Laws of Utah 2020, Chapter 204
73-10g-101
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 143
73-10g-201
Effective
05/06/26
Repealed
07/01/28
, as enacted by Laws of Utah 2018,
Chapter 143
73-10g-309
Effective
05/06/26
, as enacted by Laws of Utah 2020, Chapter 309
73-10g-405
Effective
05/06/26
, as enacted by Laws of Utah 2022, Chapter 81
73-18c-101
Effective
05/06/26
, as last amended by Laws of Utah 2006, Chapter 211
73-20-1
Effective
05/06/26
, as enacted by Laws of Utah 1977, First Special Session,
Chapters 6, 6
73-20-2
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 126
73-20-3
Effective
05/06/26
, as enacted by Laws of Utah 1977, First Special Session,
Chapters 6, 6
73-20-4
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 126
73-20-5
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 126
73-20-6
Effective
05/06/26
, as enacted by Laws of Utah 1977, First Special Session,
Chapters 6, 6
73-20-7
Effective
05/06/26
, as enacted by Laws of Utah 1977, First Special Session,
Chapters 6, 6
73-20-8
Effective
05/06/26
, as last amended by Laws of Utah 1988, Chapter 169
73-20-9
Effective
05/06/26
, as enacted by Laws of Utah 1977, First Special Session,
Chapters 6, 6
73-20-10
Effective
05/06/26
, as last amended by Laws of Utah 1988, Chapter 169
73-20-11
Effective
05/06/26
, as enacted by Laws of Utah 1978, Chapter 37
73-26-101
Effective
05/06/26
, as enacted by Laws of Utah 1991, Chapter 251
73-28-101
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 216
73-29-101
Effective
05/06/26
, as enacted by Laws of Utah 2010, Chapter 410
73-31-101
Effective
05/06/26
Repealed
12/31/30
, as enacted by Laws of Utah 2020,
Chapter 342
79-1-101
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 344
79-2-101
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 344
79-2-405
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 87
79-2-501
Effective
05/06/26
, as enacted by Laws of Utah 2016, Chapter 358
79-3-101
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 344
79-4-1201
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 360
79-5-101
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 344
79-6-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 280
79-6-406
Effective
05/06/26
, as enacted by Laws of Utah 2024, Chapter 62
79-6-501
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 280
79-6-601
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 280
79-8-101
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 280
79-8-301
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 280
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-18-106
is amended to read:
4-18-106
Effective
05/06/26
. 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)
money received for the repayment of loans made from the fund;
(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
;
(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
(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 2. Section
4-18-201
is amended to read:
4-18-201
Effective
05/06/26
. Definitions.
(1)
This part is known as "Salinity Offset Fund."
(2)
As used in this part, "Colorado River Salinity Offset Program" means a program,
administered by the Division of Water Quality, allowing oil, gas, or mining companies
and other entities to provide
funds
money
to finance salinity reduction projects in the
Colorado River Basin by purchasing salinity credits as offsets against discharges made
by the company under permits issued by the Division of Water Quality.
Section 3. Section
4-26-101
is amended to read:
4-26-101
Effective
05/06/26
. Failure to close entrance to enclosure -- Class C
misdemeanor -- Damages.
(1)
This chapter is known as "Enclosures and Fences."
(2)
A person who willfully throws down a fence or opens bars or gates into
any
an
enclosure other than the person's own enclosure or into
any
an
enclosure jointly owned
or occupied by
such
the
person and others, and leaves the enclosure open:
(a)
(1)
is guilty of a class C misdemeanor; and
(b)
(2)
is liable in damage for
any
an
injury sustained by
any
a
person as a result of
such
an
the
act.
Section 4. Section
4-46-303
is amended to read:
4-46-303
Effective
05/06/26
. Board to report annually.
The board shall submit
, by no later than October 1,
an annual report to the
Transportation and Infrastructure and Natural Resources, Agriculture, and Environmental
Quality Appropriations Subcommittees:
(1)
specifying the amount of each disbursement from the fund;
(2)
identifying the recipient of each disbursement and describing the project for which
money was disbursed; and
(3)
detailing the conditions, if any, placed by the board on disbursements from the fund.
Section 5. Section
11-13-228
is amended to read:
11-13-228
Effective
05/06/26
. Water District Water Development Council.
(1)
As used in this section:
(a)
"Council" means the Water District Water Development Council created pursuant to
this section.
(b)
"Division" means the Division of Water Resources.
(c)
"Generational" means sufficient to meet anticipated demand for 50 to 75 years.
(d)
"Generational water infrastructure" means physical facilities or other physical assets
designed to meet generational demands for water.
(e)
"State or local entity" means:
(i)
a department, division, commission, agency, or other instrumentality of state
government; or
(ii)
a political subdivision or the political subdivision's instrumentalities.
(f)
"Water agent" means the Utah water agent appointed by the governor under Section
73-10g-702
.
(g)
"Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act.
(2)
(a)
Subject to
the provisions of
this part, the four largest water conservancy districts
in the state based on operating budgets shall enter into an agreement with one another
and the division to form the Water District Water Development Council as a joint
administrator of a joint or cooperative undertaking.
(b)
The members of the council shall consist of:
(i)
the general manager or the general manager's designee for each of the water
conservancy districts described in Subsection
(2)(a)
; and
(ii)
the director of the division, who will represent the needs of the portions of the
state that are not served by the water conservancy districts in the agreement.
(c)
Members
A member
of the council may not receive compensation, per diem, or
expenses for service on the council.
(d)
The council shall appoint a director to manage operations of the council. The council
shall set the salary for the director and the director serves at the pleasure of the
council.
(e)
The council shall establish and maintain office space and staff for the council and the
water agent. The water conservancy districts that enter into the agreement shall pay
the costs of the office space and staff that are directly related to the activities of the
council, including staff from a water conservancy district that is assigned to work
with the council, except that, to the extent appropriated by the Legislature, the state
shall pay the costs of the water agent and
any
costs for non-district staff hired to
solely work for the council or water agent.
(3)
(a)
The council may not own or operate water infrastructure, but may advise a water
conservancy district that enters into the agreement about the development of
generational water infrastructure by a water conservancy district.
(b)
For the generational water needs of the citizens of Utah and within the authorities
given to the water conservancy districts represented on the council in Title 17B,
Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan
for generational water infrastructure and advance the responsible development of
water within the jurisdiction of the water conservancy districts represented on the
council to address water users' generational need for adequate and reliable water
supplies, including:
(i)
assessing generational water needs based on population growth and economic
development;
(ii)
identifying possible sources to meet the generational water needs;
(iii)
exploring physical interconnections and joint operations of generational water
infrastructure that exist as of May 1, 2024, and into the future;
(iv)
assessing water conservation as a component of generational water supplies and
environmental conservation efforts;
(v)
scoping solutions to determine the most viable pathways for meeting generational
water needs;
(vi)
collecting and analyzing data necessary to make informed decisions regarding
generational water needs;
(vii)
coordinating with other water suppliers within the state as needed;
(viii)
making recommendations to the Legislature regarding projects, funding, and
policy changes to provide for generational water needs; and
(ix)
annually reporting findings and recommendations
, by no later than October 1,
to:
(A)
the governor;
(B)
the president of the Senate;
(C)
the speaker of the House of Representatives;
(D)
the Legislative Water Development Commission created by Section
73-27-102
;
(E)
the Natural Resources, Agriculture, and Environment Interim Committee; and
(F)
the Water Development Coordinating Council created by Sections
79-2-201
and
73-10c-3
.
(c)
The council shall coordinate with the division regarding the need for generational
water infrastructure and how to meet that need and, as part of this coordination the
council shall assist the division in the division's development of a state water plan
under Section
73-10-15
.
(d)
The council shall receive input from and coordinate with the water agent.
(e)
The council may not levy, assess, or collect ad valorem property taxes or issue bonds.
(f)
The council shall adopt policies for procurement that enable the council to efficiently
fulfill the council's responsibilities under the agreement.
(g)
The council is advisory and may not establish policy for the state.
(h)
The council does not control money used to fund water infrastructure.
(4)
Subject to Title 63G, Chapter 2, Government Records Access and Management Act,
upon request of the council, a state or local entity shall provide to the water agent a
document, report, or information available within the state or local entity.
(5)
Nothing in this section restricts the ability of a water conservancy district to contract
under Subsection
17B-2a-1004(2)
.
Section 6. Section
11-65-202
is amended to read:
11-65-202
Effective
05/06/26
. Lake authority powers and duties.
(1)
(a)
The lake authority has land use authority over publicly owned land within the lake
authority boundary.
(b)
The lake authority shall work with other government entities with jurisdiction over
sovereign land and the watershed affecting Utah Lake water to improve the quality of
water flowing into and out of Utah Lake, subject to and consistent with
Title 19,
Environmental Quality Code
, and
Title 73, Water and Irrigation
.
(c)
The lake authority may make recommendations and provide advice to an adjacent
political subdivision relating to issues affecting both the lake authority and the
adjacent political subdivision.
(d)
The lake authority has no jurisdictional control or power over:
(i)
another political subdivision, except as provided in an agreement between the lake
authority and the other political subdivision;
(ii)
the regulation of water quality;
(iii)
water rights;
(iv)
water collection, storage, or delivery;
(v)
a project for water collection, storage, or delivery; and
(vi)
water facilities that the lake authority does not own.
(2)
The lake authority may coordinate the efforts of all applicable state and local
government entities, property owners, owners of water rights, and other private parties,
and other stakeholders to:
(a)
develop and implement a management plan for Utah Lake, including:
(i)
an environmental sustainability component, developed in conjunction with the
Department of Environmental Quality and the Division of Wildlife Resources
incorporating strategies and best management practices to meet applicable federal
and state standards, including:
(A)
water quality monitoring and reporting; and
(B)
strategies that use the best available technology and practices to mitigate
environmental impacts from management and uses on Utah Lake;
(ii)
strategies that enhance the aesthetic qualities and recreational use and enjoyment
of Utah Lake; and
(iii)
strategies that enhance economic development in communities adjacent to Utah
Lake;
(b)
plan and facilitate the management of Utah Lake uses; and
(c)
manage
any
land owned or leased by the lake authority that is not sovereign land.
(3)
The lake authority has primary responsibility and authority for the management of Utah
Lake, subject to and in accordance with this chapter.
(4)
The lake authority may:
(a)
engage in education efforts to encourage and facilitate:
(i)
the improvement of water and environmental quality;
(ii)
the use of Utah Lake for recreation;
(iii)
the improvement of economic development on Utah Lake; and
(iv)
other management of Utah Lake consistent with the policies and objectives
described in Subsection
(2)
;
(b)
facilitate and provide funding for the management of Utah Lake, including the
development of publicly owned infrastructure and improvements and other
infrastructure and improvements on or related to Utah Lake;
(c)
engage in marketing activities and efforts to encourage and facilitate management of
Utah Lake;
(d)
as determined by the board appropriate to accomplish or further the policies and
objectives described in Subsection
(2)
:
(i)
take all necessary actions to acquire
any
grants or other available funds from
federal or other governmental or private entities, including providing matching
funds;
(ii)
award grants of lake authority funds; or
(iii)
provide waivers of financial obligations to the lake authority;
(e)
as the lake authority considers necessary or advisable to carry out
any of
the lake
authority's duties or responsibilities under this chapter:
(i)
buy, obtain an option upon, or otherwise acquire
any
an
interest in real or
personal property;
(ii)
sell, convey, grant, dispose of by gift, or otherwise dispose of
any
an
interest in
real property that is not sovereign land or
any
an
interest in personal property; or
(iii)
enter into a lease agreement on real or personal property, either as lessee or
lessor;
(f)
sue and be sued;
(g)
enter into contracts generally;
(h)
provide funding for the development of publicly owned infrastructure and
improvements or other infrastructure and improvements on or related to Utah Lake;
(i)
exercise powers and perform functions under a contract, as authorized in the contract;
(j)
accept financial or other assistance from
any
a
public or private source for the lake
authority's activities, powers, and duties, and expend
any
funds
so
received for
any of the purposes of this chapter;
(k)
borrow money, contract with, or accept financial or other assistance from the federal
government, a public entity, or any other source for any of the purposes of this
chapter and comply with any conditions of the loan, contract, or assistance;
(l)
issue bonds to finance the undertaking of any management objectives of the lake
authority, including bonds under this chapter, bonds under
Chapter 17, Utah
Industrial Facilities and Development Act
, bonds under
Chapter 42, Assessment Area
Act
, and bonds under
Chapter 42a, Commercial Property Assessed Clean Energy Act
;
(m)
hire employees, including contract employees;
(n)
transact other business and exercise all other powers provided for in this chapter;
(o)
engage one or more consultants to advise or assist the lake authority in the
performance of the lake authority's duties and responsibilities;
(p)
work with adjacent political subdivisions and neighboring property owners and
communities to mitigate potential negative impacts from the management of Utah
Lake;
(q)
help to facilitate development in a municipality or community reinvestment agency
whose boundary abuts the lake authority boundary if the development also benefits
the lake authority or the management of Utah Lake;
(r)
subject to Subsection
(5)(a)
, manage one or more marina facilities if the lake
authority considers the lake authority managing the marina facility to be necessary or
desirable;
(s)
subject to Subsection
(5)(b)
, own and operate publicly owned infrastructure and
improvements in a project area outside the lake authority land; and
(t)
exercise powers and perform functions that the lake authority is authorized by statute
to exercise or perform.
(5)
(a)
Notwithstanding Subsection
(4)(r)
, the lake authority may not interfere with or
replace the management of a privately operated marina.
(b)
Notwithstanding Subsection
(4)(s)
, the lake authority may not provide service
through publicly owned infrastructure and improvements to an area outside the lake
authority boundary.
(c)
The lake authority may not impair or affect:
(i)
a right to store, use, exchange, release, or deliver water under a water right and
associated contract; or
(ii)
a project or facility to store, release, and deliver water.
(6)
The lake authority may consult, coordinate, enter into agreements, or engage in
mutually beneficial projects or other activities with a municipality, community
reinvestment agency, or adjacent political subdivision, as the board considers
appropriate.
(7)
The lake authority shall:
(a)
no later than December 31, 2022, prepare an accurate digital map of the lake
authority boundary, subject to any later changes to the boundary enacted by the
Legislature; and
(b)
maintain the digital map of the lake authority boundary that is easily accessible by
the public.
(8)
(a)
The lake authority may establish a community enhancement program designed to
address the impacts that management or uses within the lake authority boundary have
on adjacent communities.
(b)
(i)
The lake authority may use lake authority money to support the community
enhancement program and to pay for efforts to address the impacts described in
Subsection
(8)(a)
.
(ii)
Lake authority money designated for use under Subsection
(8)(b)(i)
is exempt
from execution or any other process in the collection of a judgment against or debt
or other obligation of the lake authority arising out of the lake authority's activities
with respect to the community enhancement program.
(c)
On or before October 31, 2023, the lake authority shall report on the lake authority's
actions under this Subsection
(8)
to the Natural Resources, Agriculture, and
Environment Interim Committee of the Legislature.
Section 7. Section
19-1-105
is amended to read:
19-1-105
Effective
05/06/26
. Divisions of department -- Control by division
directors.
(1)
The following divisions are created within the department:
(a)
the Division of Air Quality, to administer Chapter 2, Air Conservation Act;
(b)
the Division of Drinking Water, to administer Chapter 4, Safe Drinking Water Act;
(c)
the Division of Environmental Response and Remediation, to administer:
(i)
Chapter 6, Part 3, Hazardous Substances Mitigation Act; and
(ii)
Chapter 6, Part 4, Petroleum Storage Tank Act;
(d)
the Division of Waste Management and Radiation Control, to administer:
(i)
Chapter 3, Radiation Control Act;
(ii)
Chapter 6, Part 1, Solid and Hazardous Waste Act;
(iii)
Chapter 6, Part 2, Hazardous Waste Facility Siting Act;
(iv)
Chapter 6, Part 5, Solid Waste Management Act;
(v)
Chapter 6, Part 6, Lead Acid Battery Disposal;
(vi)
Chapter 6, Part 7, Used Oil Management Act;
(vii)
Chapter 6, Part 8, Waste Tire Recycling Act;
(viii)
Chapter 6, Part 10, Mercury Switch Removal Act;
(ix)
(viii)
Chapter 6, Part 11, Industrial Byproduct Reuse; and
(x)
(ix)
Chapter 6, Part 12, Disposal of Electronic Waste Program; and
(e)
the Division of Water Quality, to administer Chapter 5, Water Quality Act.
(2)
Each division is under the immediate direction and control of a division director
appointed by the executive director.
(3)
(a)
A division director shall possess the administrative skills and training necessary to
perform the duties of division director.
(b)
A division director shall hold one of the following degrees from an accredited
college or university:
(i)
a four-year degree in physical or biological science or engineering;
(ii)
a related degree; or
(iii)
a degree in law.
(4)
The executive director may remove a division director at will.
(5)
A division director shall serve as the executive secretary to the policymaking board,
created in Section
19-1-106
, that has rulemaking authority over the division director's
division.
Section 8. Section
19-1-108
is amended to read:
19-1-108
Effective
05/06/26
. Environmental Quality Restricted Account.
(1)
There is created the Environmental Quality Restricted Account.
(2)
The sources of money for the Environmental Quality Restricted Account are:
(a)
radioactive waste disposal fees collected under Sections
19-3-106
and
19-3-106.4
and other fees collected under Subsection
19-3-104(5)
or
19-3-104(6)
;
(b)
hazardous waste disposal fees collected under Section
19-6-118
;
(c)
PCB waste disposal fees collected under Section
19-6-118.5
;
(d)
nonhazardous solid waste
disposal
fees collected under Section
19-6-119
; and
(e)
the investment income derived from money in the Environmental Quality Restricted
Account.
(3)
In each fiscal year the balance of the money collected from the waste disposal fees listed
in Subsection
(2)
, collectively, shall be deposited into the Environmental Quality
Restricted Account.
(4)
The Legislature may annually appropriate money from the Environmental Quality
Restricted Account to the department for the costs of administering:
(a)
radiation control programs; and
(b)
solid and hazardous waste programs.
(5)
Each fiscal year beginning on or after July 1, 2018, and ending on or before June 30,
2022, the Division of Finance shall transfer $200,000 from the Environmental Quality
Restricted Account to the Hazardous Substances Mitigation Fund, to provide money to:
(a)
meet the state's cost share requirements for cleanup under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec.
9601 et seq. as amended; and
(b)
respond to an emergency as provided in Section
19-6-309
.
(6)
After the requirements of Subsection
(3)
are met, sources of money for the
Environmental Quality Restricted Account described in Subsection
(2)(a)
may only be
used for the purpose described in Subsection
(4)(a)
.
(7)
To stabilize funding for the radiation control programs and the solid and hazardous
waste programs, the Legislature shall in years of excess revenues reserve in the
Environmental Quality Restricted Account sufficient money to meet departmental needs
in years of projected shortages.
(8)
The Legislature may not appropriate money from the General Fund to the department as
a supplemental appropriation to cover the costs of the radiation control programs and the
solid and hazardous waste programs in an amount exceeding 25% of the amount of
waste disposal fees collected during the most recent prior fiscal year.
(9)
Money appropriated under this part that is not expended at the end of the fiscal year
lapses into the Environmental Quality Restricted Account.
(10)
(a)
The balance in the Environmental Quality Restricted Account may not exceed
$4,000,000 above the anticipated revenue need for the money in the Environmental
Quality Restricted Account for the fiscal year.
(b)
Excess funds under Subsection
(10)(a)
shall be credited on a proportionate basis to
each person who paid money to the Environmental Quality Restricted Account in the
previous fiscal year.
Section 9. Section
19-1-403.3
is amended to read:
19-1-403.3
Effective
05/06/26
. Conversion to Alternative Fuel Grant Program
Fund -- Contents -- Grants made with fund money.
(1)
(a)
There is created an expendable special revenue fund known as the
"
Conversion to
Alternative Fuel Grant Program Fund.
"
(b)
The fund consists of:
(i)
appropriations to the fund;
(ii)
other public and private contributions made under Subsection
(1)(c)
;
(iii)
fees established by the department, as described in Subsection
(3)(a)
, and
deposited into the fund; and
(iv)
interest earnings on cash balances.
(c)
The department may accept contributions from other public and private sources for
deposit into the fund.
(2)
The department may make a grant with money available in the fund to a person who
installs conversion equipment on an eligible vehicle, as described in Sections
19-2-301
19-2-302
through
19-2-304
.
(3)
The department may:
(a)
establish an application fee for a grant from the fund by following the procedures and
requirements of Section
63J-1-504
; and
(b)
reimburse
itself
the department
for the costs incurred in administering the fund from:
(i)
the fund; or
(ii)
application fees established under Subsection
(3)(a)
.
(4)
(a)
The fund balance may not exceed $10,000,000.
(b)
Interest on cash balances in excess of the amount necessary to maintain the fund
balance at $10,000,000 shall be deposited into the General Fund.
Section 10. Section
19-2-101
is amended to read:
19-2-101
Effective
05/06/26
Repealed
07/01/29
. Policy of state and purpose of
chapter -- Support of local and regional programs -- Provision of coordinated statewide
program.
(1)
This chapter is known as the "Air Conservation Act."
(2)
(1)
It is the policy of this state and the purpose of this chapter to achieve and maintain
levels of air quality which will protect human health and safety, and to the greatest
degree practicable, prevent injury to plant and animal life and property, foster the
comfort and convenience of the people, promote the economic and social development
of this state, and facilitate the enjoyment of the natural attractions of this state.
(3)
(2)
Local and regional air pollution control programs shall be supported to the extent
practicable as essential instruments to secure and maintain appropriate levels of air
quality.
(4)
(3)
The purpose of this chapter is to:
(a)
provide for a coordinated statewide program of air pollution prevention, abatement,
and control;
(b)
provide for an appropriate distribution of responsibilities among the state and local
units of government;
(c)
facilitate cooperation across jurisdictional lines in dealing with problems of air
pollution not confined within single jurisdictions; and
(d)
provide a framework within which air quality may be protected and consideration
given to the public interest at all levels of planning and development within the state.
Section 11. Section
19-4-103
is amended to read:
19-4-103
Effective
05/06/26
Repealed
07/01/29
. Drinking Water Board --
Members -- Organization -- Meetings -- Per diem and expenses.
(1)
The board consists of the following nine members:
(a)
the following non-voting member, except that the member may vote to break a tie
vote between the voting members:
(i)
the executive director; or
(ii)
an employee of the department designated by the executive director; and
(b)
the following eight voting members, who shall be appointed by the governor with the
advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies:
(i)
one representative who is a Utah-licensed professional engineer with expertise in
civil or sanitary engineering;
(ii)
two representatives who are elected officials from a municipal government that is
involved in the management or operation of a public water system;
(iii)
one representative from an improvement district, a water conservancy district, or
a metropolitan water district;
(iv)
one representative from an entity that manages or operates a public water system;
(v)
one representative from:
(A)
the state water research community; or
(B)
an institution of higher education that has comparable expertise in water
research to the state water research community;
(vi)
one representative from the public who represents:
(A)
an environmental nongovernmental organization; or
(B)
a nongovernmental organization that represents community interests and does
not represent industry interests; and
(vii)
one representative from the public who is trained and experienced in public
health.
(2)
A member of the board shall:
(a)
be knowledgeable about drinking water and public water systems, as evidenced by a
professional degree, a professional accreditation, or documented experience;
(b)
represent different geographical areas within the state insofar as practicable;
(c)
be a resident of Utah;
(d)
attend board meetings in accordance with the attendance rules made by the
department under Subsection
19-1-201(1)(d)(i)(A)
; and
(e)
comply with all applicable statutes, rules, and policies, including the conflict of
interest rules made by the department under Subsection
19-1-201(1)(d)(i)(B)
and the
conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
Interest.
(3)
(a)
As terms of current board members expire, the governor shall appoint
each
a
new
member or reappointed member to a four-year term.
(b)
Notwithstanding the requirements of Subsection
(3)(a)
, the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the
terms of board members are staggered so that half of the appointed board is
appointed every two years.
(c)
(i)
Notwithstanding Subsection (3)(a), the term of a board member who is
appointed before May 1, 2013, shall expire on April 30, 2013.
(ii)
On May 1, 2013, the governor shall appoint or reappoint board members in
accordance with this section.
(4)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5)
When the governor makes a new appointment or reappointment under Subsection
(3)(a)
,
or a vacancy appointment under Subsection
(4)
, the governor's new appointment,
reappointment, or vacancy appointment shall be with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(6)
Each
A
member holds office until the expiration of the member's term, and until a
successor is appointed, but not for more than 90 days after the expiration of the term.
(7)
The board shall elect annually a chair and a vice chair from
its
the board's
members.
(8)
(a)
The board shall meet at least quarterly.
(b)
Special meetings may be called by the chair upon the chair's own initiative, upon the
request of the director, or upon the request of three members of the board.
(c)
Reasonable notice shall be given to
each
a
member of the board before
any
a
meeting.
(9)
Five members constitute a quorum at
any
a
meeting and the action of the majority of
the members present is the action of the board.
(10)
A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections
63A-3-106
and
63A-3-107
.
Section 12. Section
19-4-106
is amended to read:
19-4-106
Effective
05/06/26
Repealed
07/01/29
. Director -- Appointment --
Authority.
(1)
The executive director shall appoint the director. The director shall serve under the
administrative direction of the executive director.
(2)
The director shall:
(a)
develop programs to promote and protect the quality of the public drinking water
supplies of the state;
(b)
advise, consult, and cooperate with other agencies of this and other states, the federal
government, and with other groups, political subdivisions, and industries in
furtherance of the purpose of this chapter;
(c)
review plans, specifications, and other data pertinent to proposed or expanded water
supply systems to ensure proper design and construction;
and
(d)
subject to
the provisions of
this chapter, enforce rules made by the board through
the issuance of orders that may be subsequently revoked, which orders may require:
(i)
discontinuance of use of unsatisfactory sources of drinking water;
(ii)
suppliers to notify the public concerning the need to boil water; or
(iii)
suppliers in accordance with existing rules, to take remedial actions necessary to
protect or improve an existing water system; and
(e)
as authorized by the board and subject to
the provisions of
this chapter, act as
executive secretary of the board under the direction of the chair of the board.
(3)
The director may authorize employees or agents of the department, after reasonable
notice and presentation of credentials, to enter any part of a public water system at
reasonable times to inspect the facilities and water quality records required by board
rules, conduct sanitary surveys, take samples, and investigate the standard of operation
and service delivered by public water systems.
(4)
As provided in this chapter and in accordance with rules made by the board, the director
may:
(a)
issue and enforce a notice of violation and an administrative order; and
(b)
assess and make a demand for payment of an administrative penalty arising from a
violation of this chapter, a rule or order issued under the authority of this chapter, or
the terms of a permit or other administrative authorization issued under the authority
of this chapter.
(5)
(a)
The director shall study how water providers, municipalities, counties, and state
agencies may find greater efficiencies through improved coordination, consolidation,
and regionalization related to:
(i)
water use and conservation; and
(ii)
administrative and economic efficiencies.
(b)
The study under this Subsection
(5)
shall consider recommendations including
incentives, funding, regulatory changes, and statutory changes to promote greater
coordination and efficiency and to help meet water infrastructure needs statewide.
(c)
The director shall:
(i)
conduct the study in conjunction with the Division of Water Resources; and
(ii)
consult with a diverse group consisting of water providers, state agencies, local
governments, and relevant stakeholders to help the director conduct the study and
develop recommendations described in this Subsection
(5)
.
(d)
On or before October 30, 2024, the director shall provide a written report of the
study's findings, including any recommended legislative action, to the Natural
Resources, Agriculture, and Environment Interim Committee.
Section 13. Section
19-5-122
is amended to read:
19-5-122
Effective
05/06/26
Repealed
07/01/29
. Underground wastewater
disposal systems -- Fee imposed on new systems.
(1)
Beginning July 1, 2001, a one-time fee is imposed on
each
a
new underground
wastewater disposal system installed.
(2)
(a)
From July 1, 2001 through June 30, 2002, the fee shall be $25.
(b)
(2)
Beginning July 1, 2002, the fee shall be established by the department in
accordance with Section
63J-1-504
.
(3)
(a)
The fee shall be paid when plans and specifications for the construction of a new
underground wastewater disposal system are approved by the local health department
or the Department of Environmental Quality.
(b)
A local health department shall remit the fee revenue to the Division of Finance
quarterly.
(4)
The fee revenue shall be:
(a)
deposited into the Underground Wastewater Disposal Restricted Account created in
Section
19-5-123
; and
(b)
used to pay for costs of underground wastewater disposal system training programs.
Section 14. Section
19-6-102.1
is amended to read:
19-6-102.1
Effective
05/06/26
Repealed
07/01/29
. Treatment or disposal --
Exclusions.
As used in Subsections
19-6-108(3)(b)
,
and
19-6-108(3)(c)(ii)(B)
, and
19-6-119(1)(a)
,
the term "treatment or disposal" specifically excludes the recycling, use, reuse, or reprocessing
of:
(1)
fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
(2)
waste from the extraction, beneficiation, and processing of ores and minerals; or
(3)
cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding, sand
blasting, road construction, railway ballast, construction fill, aggregate, and other
construction-related purposes.
Section 15. Section
19-6-118.5
is amended to read:
19-6-118.5
Effective
05/06/26
Repealed
07/01/29
. PCB disposal fee.
(1)
(a)
On or after July 1, 2010, but on or before June 30, 2011, the owner or operator
of a waste facility shall pay a fee of $4.75 per ton on all wastes containing
polychlorinated biphenyls (PCBs) that are:
(i)
regulated under 15 U.S.C. Sec. 2605; and
(ii)
received at a facility for disposal or treatment.
(b)
(1)
On and after July 1, 2011, the department shall establish a fee for disposal or
treatment of wastes containing polychlorinated biphenyls in accordance with Section
63J-1-504
.
(2)
The owner or operator of a facility receiving PCBs for disposal or treatment shall:
(a)
calculate the fees imposed under Subsection
(1)(a)
by multiplying the total tonnage
of waste received during the calendar month, computed to the first decimal place, by
the required fee rate of $4.75 per ton;
(b)
(a)
pay the fees imposed by this section to the department by the 15th day of the
month following the month in which the fees accrued; and
(c)
(b)
with the fees required under this section, submit to the department, on a form
prescribed by the department, information that verifies the amount of waste received
and the fees that the owner or operator is required to pay.
(3)
The department shall deposit the fees received under this section into the Environmental
Quality Restricted Account created in Section
19-1-108
.
(4)
The owner or operator of a waste facility that is subject to a fee under this section is not
subject to a fee for the same waste under Section
19-3-106
, even if the waste contains
radioactive materials.
Section 16. Section
19-6-119
is amended to read:
19-6-119
Effective
05/06/26
Repealed
07/01/29
. Nonhazardous solid waste
disposal fees.
(1)
(a)
Through December 31, 2018, and except as provided in Subsection
(4)
, the
owner or operator of a commercial nonhazardous solid waste disposal facility or
incinerator shall pay the following fees for waste received for treatment or disposal at
the facility if the facility or incinerator is required to have operation plan approval
under Section
19-6-108
and primarily receives waste generated by off-site sources
not owned, controlled, or operated by the facility or site owner or operator:
(i)
13 cents per ton on all municipal waste and municipal incinerator ash;
(ii)
50 cents per ton on the following wastes if the facility disposes of one or more of
the following wastes in a cell exclusively designated for the waste being disposed:
(A)
construction waste or demolition waste;
(B)
yard waste, including vegetative matter resulting from landscaping, land
maintenance, and land clearing operations;
(C)
dead animals;
(D)
waste tires and materials derived from waste tires disposed of in accordance
with Chapter
6, Part 8
, Waste Tire Recycling Act; and
(E)
petroleum contaminated soils that are approved by the director; and
(iii)
$2.50 per ton on:
(A)
all nonhazardous solid waste not described in Subsections
(1)(a)(i)
and
(ii)
;
and
(B)
(I)
fly ash waste;
(II)
bottom ash waste;
(III)
slag waste;
(IV)
flue gas emission control waste generated primarily from the combustion
of coal or other fossil fuels;
(V)
waste from the extraction, beneficiation, and processing of ores and
minerals; and
(VI)
cement kiln dust wastes.
(b)
A commercial nonhazardous solid waste disposal facility or incinerator subject to
the fees under Subsection
(1)(a)(i)
or
(ii)
is not subject to the fee under Subsection
(1)(a)(iii)
for those wastes described in Subsections
(1)(a)(i)
and
(ii)
.
(c)
The owner or operator of a facility described in Subsection
19-6-102(3)(b)(iii)
shall
pay a fee of 13 cents per ton on all municipal waste received for disposal at the
facility.
(2)
(a)
Through December 31, 2018, and except as provided in Subsections
(2)(c)
and
(4)
, a waste facility that is owned by a political subdivision shall pay the following
annual facility fee to the department by January 15 of each year:
(i)
$800 if the facility receives 5,000 or more but fewer than 10,000 tons of
municipal waste each year;
(ii)
$1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
municipal waste each year;
(iii)
$3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
municipal waste each year;
(iv)
$12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
municipal waste each year;
(v)
$14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
municipal waste each year;
(vi)
$33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
municipal waste each year; and
(vii)
$66,000 if the facility receives 500,000 or more tons of municipal waste each
year.
(b)
The fee identified in Subsection
(2)(a)
for 2018 shall be paid by January 15, 2019.
(c)
Through December 31, 2018, and except as provided in Subsection
(4)
, a waste
facility that is owned by a political subdivision shall pay $2.50 per ton for:
(i)
nonhazardous solid waste that is not a waste described in Subsection
(1)(a)(i)
or
(ii)
received for disposal if the waste is:
(A)
generated outside the boundaries of the political subdivision; and
(B)
received from a single generator and exceeds 500 tons in a calendar year; and
(ii)
waste described in Subsection
(1)(a)(iii)(B)
received for disposal if the waste is:
(A)
generated outside the boundaries of the political subdivision; and
(B)
received from a single generator and exceeds 500 tons in a calendar year.
(d)
Waste received at a facility owned by a political subdivision under Subsection
(2)(c)
may not be counted as part of the total tonnage received by the facility under
Subsection
(2)(a)
.
(3)
(a)
As used in this Subsection
(3)
:
(i)
"Recycling center" means a facility that extracts valuable materials from a waste
stream or transforms or remanufactures the material into a usable form that has
demonstrated or potential market value.
(ii)
"Transfer station" means a permanent, fixed, supplemental collection and
transportation facility that is used to deposit collected solid waste from off-site
into a transfer vehicle for transport to a solid waste handling or disposal facility.
(b)
Through December 31, 2018, and except as provided in Subsection
(4)
, the owner
or operator of a transfer station or recycling center shall pay to the department the
following fees on waste sent for disposal to a nonhazardous solid waste disposal or
treatment facility that is not subject to a fee under this section:
(i)
$1.25 per ton on:
(A)
all nonhazardous solid waste; and
(B)
waste described in Subsection
(1)(a)(iii)(B)
;
(ii)
10 cents per ton on all construction and demolition waste; and
(iii)
5 cents per ton on all municipal waste or municipal incinerator ash.
(c)
Wastes subject to fees under Subsection
(3)(b)(ii)
or
(iii)
are not subject to the fee
required under Subsection
(3)(b)(i)
.
(4)
The owner or operator of a waste disposal facility that receives nonhazardous solid
waste described in Subsection
(1)(a)(iii)(B)
is not required to pay any fee on those
nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
reprocessing.
(5)
Through December 31, 2018, and except as provided in Subsection
(2)(a)
, a facility
required to pay fees under this section shall:
(a)
calculate the fees by multiplying the total tonnage of nonhazardous solid waste
received during the calendar month, computed to the first decimal place, by the
required fee rate;
(b)
pay the fees imposed by this section to the department by the 15th day of the month
following the month in which the fees accrued; and
(c)
with the fees required under Subsection
(6)(b)
, submit to the department, on a form
prescribed by the department, information that verifies the amount of nonhazardous
solid waste received and the fees that the owner or operator is required to pay.
(6)
(1)
(a)
In accordance with Section
63J-1-504
, on or before July 1, 2018, and each
fiscal year
thereafter
after July 1, 2018
, the department shall establish a fee schedule
for the treatment, transfer, and disposal of all nonhazardous solid waste.
(b)
The department shall, before establishing the annual fee schedule described in
Subsection
(6)(a)
(1)(a)
, consult with industry and local government and complete a
review of program costs and indirect costs of regulating nonhazardous solid waste in
the state and use the findings of the review to create the fee schedule.
(c)
The fee schedule described in Subsection
(6)(a)
(1)(a)
shall:
(i)
create an equitable and fair, though not necessarily equal or uniform, fee to be
paid by all persons whose treatment, transfer, or disposal of nonhazardous solid
waste creates a regulatory burden to the department, based on the actual cost, and
taking into consideration whether the owner or operator of a facility elects to
self-inspect under Section
19-6-109
, except as provided in Subsection
(6)(d)
(1)(d)
;
(ii)
cover the fully burdened costs of the program and provide for reasonable and
timely oversight by the department;
(iii)
adequately meet the needs of industry, local government, and the department,
including enabling the department to employ the appropriate number of qualified
personnel to appropriately oversee industry and local government regulation;
(iv)
provide stable funding for the Environmental Quality Restricted Account created
in Section
19-1-108
; and
(v)
for solid waste managed at a transfer facility, be no greater than the cost of
regulatory services provided to the transfer facility.
(d)
Any
A
person who treats, transfers, stores, or disposes of solid waste from the
extraction, beneficiation, and processing of ores and minerals on a site owned,
controlled, or operated by that person may not be charged a fee under this section for
the treatment, transfer, storage, or disposal of solid waste from the extraction,
beneficiation, and processing of ores and minerals that are generated:
(i)
on-site by the person; or
(ii)
by off-site sources owned, controlled, or operated by the person.
(e)
The fees in the fee schedule established by Subsection
(6)(a)
shall take effect on
January 1, 2019.
(7)
(2)
On and after January 1, 2019, a facility required to pay fees under this section shall:
(a)
pay the fees imposed by this section to the department by the 15th day of the month
following the quarter in which the fees accrued; and
(b)
with the fees required under Subsection
(7)(a)
(2)(a)
, submit to the department, on a
form prescribed by the department, information that verifies the amount of
nonhazardous solid waste received and the fees that the owner or operator is required
to pay.
(8)
(3)
In setting the fee schedule described in Subsection
(6)(a)
(1)(a)
, the department
shall ensure that a party is not charged multiple fees for the same solid waste, except the
department may charge a separate fee for a transfer station.
(9)
(4)
The department shall:
(a)
deposit all fees received under this section into the Environmental Quality Restricted
Account created in Section
19-1-108
; and
(b)
in preparing
its
the department's
budget for the governor and the Legislature,
separately indicate the amount of the department's budget necessary to administer the
solid and hazardous waste program established by this part.
(10)
(5)
The department may contract or agree with a county to assist in performing
nonhazardous solid waste management activities, including agreements for:
(a)
the development of a solid waste management plan required under Section
17E-7-101
;
and
(b)
pass-through of available funding.
(11)
(6)
This section does not exempt
any
a
facility from applicable regulation under the
Atomic Energy Act, 42 U.S.C.
Sec.
Secs.
2014 and 2021 through 2114.
(12)
The department shall report to the Natural Resources, Agriculture, and Environment
Interim Committee by November 30, 2017, on the fee schedule described in Subsection
(6)(a)
.
Section 17. Section
19-10-101
is amended to read:
19-10-101
Effective
05/06/26
. Scope.
(1)
This chapter is known as the "Environmental Institutional Control Act."
(2)
(1)
(a)
This chapter applies to an environmental institutional control created before
May 1, 2006.
(b)
(2)
Title 57, Chapter 25, Uniform Environmental Covenants Act
, governs an
environmental covenant created on or after May 1, 2006.
Section 18. Section
19-10-102
is amended to read:
19-10-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Environmental institutional control" or "institutional control" means, with respect to
real property,
any
a
deed restriction, restrictive covenant, easement, reservation,
environmental notice, engineering control, or other restriction or obligation that is
designed to protect human health or the environment and:
(a)
is established in connection with a cleanup or risk assessment that is reviewed,
overseen, conducted, or administered by the department; and
(b)
(i)
limits the use of the real property, groundwater, or surface water;
(ii)
limits activities that may be performed on or at the property; or
(iii)
requires maintenance of
any
an
engineering or other control.
(2)
"Executive director" means the executive director of the
state
Department of
Environment
Environmental
Quality or the executive director's designated
representative.
Section 19. Section
23A-3-205
is amended to read:
23A-3-205
Effective
05/06/26
. Wildlife Conservation Fund.
(1)
As used in this section:
(a)
"Fund" means the Wildlife Conservation Fund created by this section.
(b)
"Land use authority" means:
(i)
a land use authority, as that term is defined in Section
10-20-102
, of a
municipality; or
(ii)
a land use authority, as that term is defined in Section
17-79-102
, of a county.
(c)
"Wildlife conservation permit program" means a program under which the division
issues permit opportunities to be sold by a conservation organization for auction to
the highest bidder at a fund-raising event.
(d)
"Wildlife exposition program" means a program under which the division allocates
permits to a drawing administered by a selected conservation organization as part of a
regional or national exposition for the purpose of generating revenue to fund wildlife
conservation activities in Utah.
(2)
There is created an expendable special revenue fund known as the "Wildlife
Conservation Fund."
(3)
The fund consists of:
(a)
wildlife conservation permit program revenue transferred to the division in
accordance with rules, made by the Wildlife Board in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
;
(b)
wildlife exposition program revenue transferred to the division in accordance with
rules, made by the Wildlife Board in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
(c)
money appropriated to the fund by the Legislature;
(d)
contributions, grants, gifts, transfers, bequests, and donations to the fund accepted by
the division and specifically directed to the fund; and
(e)
interest and earnings on the fund.
(4)
(a)
The fund shall earn interest and other earnings.
(b)
The interest and earnings described in Subsection
(4)(a)
shall be deposited into the
fund.
(5)
(a)
The division shall use proceeds in the fund to carry out the purposes of the
wildlife conservation permit program or wildlife exposition program.
(b)
Deposits into and expenditures from the fund shall specifically identify the wildlife
conservation permit program or wildlife exposition program to which the deposits
and expenditures apply.
(c)
The division shall make expenditures from the fund consistent with the rules
governing the applicable program.
(6)
(a)
Before the division may use or approve the use of money in the fund to purchase
or acquire a grazing permit, the division shall obtain approval from:
(i)
the land use authority for the land in which the grazing permit is located;
(ii)
the Department of Natural Resources created in Section
79-2-201
; and
(iii)
the Department of Agriculture and Food created in Section
4-2-102
.
(b)
If a request to purchase or acquire a grazing permit under Subsection
(6)(a)
is not
denied by a land use authority, the Department of Natural Resources, or the
Department of Agriculture and Food within 60 days after the day on which the
division submits the request, the division may consider the request as approved.
(c)
An action of a land use authority under this Subsection
(6)
is not a land use decision
subject to:
(i)
Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; or
(ii)
Title 17, Chapter 79, County Land Use, Development, and Management Act.
(7)
The division shall annually report
, by no later than October 1,
to the Natural Resources,
Agriculture, and Environmental Quality Appropriations Subcommittee regarding:
(a)
the amount of money in the fund;
(b)
the sources of money in the fund; and
(c)
how the money is expended.
Section 20. Section
23A-4-702
is amended to read:
23A-4-702
Effective
05/06/26
. Air rifle hunting.
(1)
As used in this section, "pre-charged pneumatic air rifle" means a rifle that fires a single
projectile with compressed air released from a chamber:
(a)
built into the rifle; and
(b)
pressurized at a minimum of 2,000 pounds per square inch from an external high
compression device or source, such as a hand pump, compressor, or scuba tank.
(2)
An individual may use a pre-charged pneumatic air rifle to hunt:
(a)
a species of protected wildlife designated by the Wildlife Board;
(b)
a cottontail rabbit;
(c)
a snowshoe hare; or
(d)
a turkey, with a fall turkey permit.
(3)
The division shall review available funding to pay the costs of regulating hunting with
pre-charged pneumatic air rifles, including eligibility for federal excise taxes, and report
the division's findings to the Natural Resources, Agriculture, and Environment Interim
Committee by no later than the November 2024 interim committee meeting.
Section 21. Section
23A-6-205
is amended to read:
23A-6-205
Effective
05/06/26
. Wildlife Land and Water Acquisition Program.
(1)
As used in this section, "program" means the Wildlife Land and Water Acquisition
Program created in Subsection
(2)
.
(2)
There is created a program known as the "Wildlife Land and Water Acquisition
Program" under which the division may lease or acquire land or water assets that
achieve one or more of the following:
(a)
protect and enhance wildlife populations;
(b)
provide the public the opportunity to hunt, trap, or fish; and
(c)
conserve, protect, and enhance wildlife habitat.
(3)
In making a decision as to whether to lease or acquire land or water assets, the division
shall:
(a)
consult the relevant state or county resource management plan;
(b)
prioritize leases or acquisitions that involve land that:
(i)
is adjacent to land already owned by the division; or
(ii)
provides access to other public land;
(c)
develop a management plan for the land or water asset in a manner consistent with
Section
23A-6-301
; and
(d)
facilitate grazing as a management tool if consistent with the management plan
described in Subsection
(3)(c)
.
(4)
The division shall annually report
, by no later than October 1,
to the Natural Resources,
Agriculture, and Environmental Quality Appropriations Subcommittee regarding how
the division expends money in the program.
Section 22. Section
23A-11-302
is amended to read:
23A-11-302
Effective
05/06/26
. Big game protection -- Director authority.
(1)
It is the policy of the state that big game animals are of great importance to the citizens
of the state, the citizen's quality of life, and the long term sustainability of the herds for
future generations.
(2)
(a)
Unless the condition described in Subsection
(2)(b)
is determined, the director
shall take immediate action to reduce the number of predators within a management
unit when the big game population is under the established herd size objective for
that management unit.
(b)
Subsection
(2)(a)
does not apply if the division determines that predators are not
significantly contributing to the big game population being under the herd size
objective for the management unit.
(3)
Immediate action under Subsection
(2)
includes any of the following management tools:
(a)
increasing take permits or tags for cougar and bear until the herd size objective is
met;
(b)
allowing big game hunters to harvest predators with the appropriate permit during a
big game hunting season, including issuing over-the-counter predator permits;
(c)
professional trapping and predator control by the following, including aerial control
measures:
(i)
the Department of Agriculture and Food's predator control program;
(ii)
private contracts; and
(iii)
the general public; and
(d)
other management tools as determined by the director.
(4)
The director shall annually give a status report on predator control measures
implemented pursuant to this chapter and
Chapter 8, Part 4, Damage by Big Game
,
by
no later than October 1,
to the Natural Resources, Agriculture, and Environmental
Quality Appropriations Subcommittee and Natural Resources, Agriculture, and
Environment Interim Committee.
Section 23. Section
23A-12-303
is amended to read:
23A-12-303
Effective
05/06/26
. Rulemaking -- Notice.
(1)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
Wildlife Board shall make rules:
(a)
designating and establishing the boundaries of a waterfowl management area;
(b)
governing the management and use of a waterfowl management area in accordance
with this part; and
(c)
to create
creating
an annual permit process by which commercial guides and
outfitters may use waterfowl management areas in accordance with this part.
(2)
The annual permit process described in Subsection
(1)(c)
shall:
(a)
preserve the opportunity for non-guided hunters to use waterfowl management areas;
and
(b)
require a permit holder to comply with safety standards established by the Wildlife
Board.
(3)
The division shall provide an annual report
, by no later than October 1,
to the Natural
Resources, Agriculture, and Environment Interim Committee regarding
any
rules made
or changed in accordance with this part.
(4)
The Wildlife Board shall publish a map of the boundaries of each waterfowl
management area.
(5)
Nothing in this part modifies or limits:
(a)
Section
23A-6-403
, or the discretion of the division to manage waterfowl
management areas for other beneficial purposes, including for the benefit of the
public, shorebirds, waterfowl, and other protected wildlife; or
(b)
the authority of the division, the director, or the Wildlife Board under
Chapter 6,
Lands and Waters for Wildlife Purposes
.
Section 24. Section
63A-1-116
is amended to read:
63A-1-116
Effective
05/06/26
. Appointment of coordinator of resource
stewardship -- Duties of the coordinator of resource stewardship.
(1)
The executive director of the department shall appoint a state coordinator of resource
stewardship and establish the coordinator of resource stewardship's salary.
(2)
The coordinator of resource stewardship shall report to the executive director or the
executive director's designee.
(3)
The coordinator of resource stewardship shall:
(a)
work with agencies to implement best practices and stewardship measures to
improve air quality; and
(b)
make an annual report
, by no later than October 1,
on best practices and stewardship
efforts to improve air quality to the Natural Resources, Agriculture, and Environment
Interim Committee.
(4)
Each agency will retain
An agency retains
absolute discretion whether
or not
to
incorporate
any of the
practices or measures suggested by the coordinator.
Section 25. Section
63A-9-401
is amended to read:
63A-9-401
Effective
05/06/26
. Division -- Duties.
(1)
The division shall:
(a)
perform all administrative duties and functions related to management of state
vehicles;
(b)
coordinate all purchases of state vehicles;
(c)
establish one or more fleet automation and information systems for state vehicles;
(d)
make rules establishing requirements for:
(i)
maintenance operations for state vehicles;
(ii)
use requirements for state vehicles;
(iii)
fleet safety and loss prevention programs;
(iv)
preventative maintenance programs;
(v)
procurement of state vehicles, including:
(A)
vehicle standards;
(B)
alternative fuel vehicle requirements;
(C)
short-term lease programs;
(D)
equipment installation; and
(E)
warranty recovery programs;
(vi)
fuel management programs;
(vii)
cost management programs;
(viii)
business and personal use practices, including commute standards;
(ix)
cost recovery and billing procedures;
(x)
disposal of state vehicles;
(xi)
reassignment of state vehicles and reallocation of vehicles throughout the fleet;
(xii)
standard use and rate structures for state vehicles; and
(xiii)
insurance and risk management requirements;
(e)
establish a parts inventory;
(f)
create and administer a fuel dispensing services program that meets the requirements
of Subsection
(2)
;
(g)
emphasize customer service when dealing with agencies and agency employees;
(h)
conduct an annual audit of all state vehicles for compliance with division
requirements;
(i)
before charging a rate, fee, or other amount to an executive branch agency, or to a
subscriber of services other than an executive branch agency:
(i)
submit the proposed rates, fees, and cost analysis to the Rate Committee
established in Section
63A-1-114
; and
(ii)
obtain the approval of the Legislature as required by Section
63J-1-410
or
63J-1-504
; and
(j)
conduct an annual market analysis of proposed rates and fees, which analysis shall
include a comparison of the division's rates and fees with the fees of other public or
private sector providers where comparable services and rates are reasonably available.
(2)
The division shall operate a fuel dispensing services program in a manner that:
(a)
reduces the risk of environmental damage and subsequent liability for leaks
involving state-owned underground storage tanks;
(b)
eliminates fuel site duplication and reduces overall costs associated with fuel
dispensing;
(c)
provides efficient fuel management and efficient and accurate accounting of
fuel-related expenses;
(d)
where practicable, privatizes portions of the state's fuel dispensing system;
(e)
provides central planning for fuel contingencies;
(f)
establishes fuel dispensing sites that meet geographical distribution needs and that
reflect usage patterns;
(g)
where practicable, uses alternative sources of energy; and
(h)
provides safe, accessible fuel supplies in an emergency.
(3)
The division shall:
(a)
ensure that the state and each of
its
the state's
agencies comply with state and
federal law and state and federal rules and regulations governing underground storage
tanks;
(b)
coordinate the installation of new state-owned underground storage tanks and the
upgrading or retrofitting of existing underground storage tanks;
(c)
by no later than June 30, 2025, ensure that an underground storage tank qualifies for
a rebate, provided under Subsection
19-6-410.5(5)(d)
, of a portion of the
environmental assurance fee described in Subsection
19-6-410.5(4)
, if the
underground storage tank is owned by:
(i)
the state;
(ii)
a state agency; or
(iii)
a county, municipality, school district, special district, special service district, or
federal agency that has subscribed to the fuel dispensing service provided by the
division under Subsection
(6)(b)
;
and
(d)
report to the Natural Resources, Agriculture, and Environmental Quality
Appropriations Subcommittee by no later than:
(i)
November 30, 2020, on the status of the requirements of Subsection
(3)(c)
; and
(ii)
November 30, 2024, on whether:
(A)
the requirements of Subsection
(3)(c)
have been met; and
(B)
additional funding is needed to accomplish the requirements of Subsection
(3)(c)
; and
(e)
(d)
ensure that counties, municipalities, school districts, special districts, and special
service districts subscribing to services provided by the division sign a contract that:
(i)
establishes the duties and responsibilities of the parties;
(ii)
establishes the cost for the services; and
(iii)
defines the liability of the parties.
(4)
In fulfilling the requirements of Subsection
(3)(c)
, the division may give priority to
underground storage tanks owned by the state or a state agency under Subsections
(3)(c)(i)
and
(ii)
.
(5)
(a)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
the director of the Division of Fleet Operations:
(i)
may make rules governing fuel dispensing; and
(ii)
shall make rules establishing standards and procedures for purchasing the most
economically appropriate size and type of vehicle for the purposes and driving
conditions for which the vehicle will be used, including procedures for granting
exceptions to the standards by the executive director of the Department of
Government Operations.
(b)
Rules made under Subsection
(5)(a)(ii)
:
(i)
shall designate a standard vehicle size and type that shall be designated as the
statewide standard vehicle for fleet expansion and vehicle replacement;
(ii)
may designate different standard vehicle size and types based on defined
categories of vehicle use;
(iii)
may, when determining a standard vehicle size and type for a specific category
of vehicle use, consider the following factors affecting the vehicle class:
(A)
size requirements;
(B)
economic savings;
(C)
fuel efficiency;
(D)
driving and use requirements;
(E)
safety;
(F)
maintenance requirements;
(G)
resale value; and
(H)
the requirements of Section
63A-9-403
; and
(iv)
shall require agencies that request a vehicle size and type that is different from
the standard vehicle size and type to:
(A)
submit a written request for a nonstandard vehicle to the division that contains
the following:
(I)
the make and model of the vehicle requested, including acceptable alternate
vehicle makes and models as applicable;
(II)
the reasons justifying the need for a nonstandard vehicle size or type;
(III)
the date of the request; and
(IV)
the name and signature of the person making the request; and
(B)
obtain the division's written approval for the nonstandard vehicle.
(6)
(a)
(i)
Each
A
state agency and
each
a
higher education institution shall subscribe
to the fuel dispensing services provided by the division.
(ii)
A state agency may not provide or subscribe to any other fuel dispensing services,
systems, or products other than those provided by the division.
(b)
Counties, municipalities, school districts, special districts, special service districts,
and federal agencies may subscribe to the fuel dispensing services provided by the
division if:
(i)
the county or municipal legislative body, the school district, or the special district
or special service district board recommends that the county, municipality, school
district, special district, or special service district subscribe to the fuel dispensing
services of the division; and
(ii)
the division approves participation in the program by that government unit.
(7)
The director, with the approval of the executive director, may delegate functions to
institutions of higher education, by contract or other means authorized by law, if:
(a)
the agency or institution of higher education has requested the authority;
(b)
in the judgment of the director, the state agency or institution has the necessary
resources and skills to perform the delegated responsibilities; and
(c)
the delegation of authority is in the best interest of the state and the function
delegated is accomplished according to provisions contained in law or rule.
Section 26. Section
63G-4-102
is amended to read:
63G-4-102
Effective
05/06/26
. Scope and applicability of chapter.
(1)
Except as set forth in Subsection
(2)
, and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the
provisions of this chapter apply to every agency of the state and govern:
(a)
state agency action that determines the legal rights, duties, privileges, immunities, or
other legal interests of an identifiable person, including agency action to grant, deny,
revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license;
and
(b)
judicial review of the action.
(2)
This chapter does not govern:
(a)
the procedure for making agency rules, or judicial review of the procedure or rules;
(b)
the issuance of a notice of a deficiency in the payment of a tax, the decision to waive
a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
issuance of a tax assessment, except that this chapter governs an agency action
commenced by a taxpayer or by another person authorized by law to contest the
validity or correctness of the action;
(c)
state agency action relating to extradition, to the granting of a pardon or parole, a
commutation or termination of a sentence, or to the rescission, termination, or
revocation of parole or probation, to the discipline of, resolution of a grievance of,
supervision of, confinement of, or the treatment of an inmate or resident of a
correctional facility, the Utah State Hospital, the Utah State Developmental Center,
or a person in the custody or jurisdiction of the Office of Substance Use and Mental
Health, or a person on probation or parole, or judicial review of the action;
(d)
state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
student or teacher in a school or educational institution, or judicial review of the
action;
(e)
an application for employment and internal personnel action within an agency
concerning
its
the agency's
own employees, or judicial review of the action;
(f)
the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
Occupational Safety and Health Act, and Title 58, Occupations and Professions,
except that this chapter governs an agency action commenced by the employer,
licensee, or other person authorized by law to contest the validity or correctness of
the citation or assessment;
(g)
state agency action relating to management of state funds, the management and
disposal of school and institutional trust land assets, and contracts for the purchase or
sale of products, real property, supplies, goods, or services by or for the state, or by
or for an agency of the state, except as provided in those contracts, or judicial review
of the action;
(h)
state agency action under Title 7, Chapter 1, Part 3, Powers and Duties of
Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository
Institution by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository
Institutions or Holding Companies, and Chapter 7, Governmental Immunity Act of
Utah, or judicial review of the action;
(i)
the initial determination of a person's eligibility for unemployment benefits, the initial
determination of a person's eligibility for benefits under Title 34A, Chapter 2,
Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease
Act, or the initial determination of a person's unemployment tax liability;
(j)
state agency action relating to the distribution or award of a monetary grant to or
between governmental units, or for research, development, or the arts, or judicial
review of the action;
(k)
the issuance of a notice of violation or order under Title 19, Chapter 2, Air
Conservation Act, Title 19, Chapter 3, Radiation Control Act, Title 19, Chapter 4,
Safe Drinking Water Act, Title 19, Chapter 5, Water Quality Act, Title 19, Chapter 6,
Part 1, Solid and Hazardous Waste Act, Title 19, Chapter 6, Part 4, Petroleum
Storage Tank Act,
or
Title 19,
Chapter 6, Part 7, Used Oil Management Act,
or Title
19, Chapter 6, Part 10, Mercury Switch Removal Act,
except that this chapter
governs an agency action commenced by a person authorized by law to contest the
validity or correctness of the notice or order;
(l)
state agency action, to the extent required by federal statute or regulation, to be
conducted according to federal procedures;
(m)
the initial determination of a person's eligibility for government or public assistance
benefits;
(n)
state agency action relating to wildlife licenses, permits, tags, and certificates of
registration;
(o)
a license for use of state recreational facilities;
(p)
state agency action under Chapter 2, Government Records Access and Management
Act, except as provided in Section
63G-2-603
;
(q)
state agency action relating to the collection of water commissioner fees and
delinquency penalties, or judicial review of the action;
(r)
state agency action relating to the installation, maintenance, and repair of headgates,
caps, values, or other water controlling works and weirs, flumes, meters, or other
water measuring devices, or judicial review of the action;
(s)
the issuance and enforcement of an initial order under Section
73-2-25
;
(t)
(i)
a hearing conducted by the Division of Securities under Section
61-1-11.1
; and
(ii)
an action taken by the Division of Securities under a hearing conducted under
Section
61-1-11.1
, including a determination regarding the fairness of an issuance
or exchange of securities described in Subsection
61-1-11.1(1)
;
(u)
state agency action relating to water well driller licenses, water well drilling permits,
water well driller registration, or water well drilling construction standards, or
judicial review of the action;
(v)
the issuance of a determination and order under Title 34A, Chapter 5, Utah
Antidiscrimination Act;
(w)
state environmental studies and related decisions by the Department of
Transportation approving state or locally funded projects, or judicial review of the
action;
(x)
the suspension of operations under Subsection
32B-1-304(3)
;
(y)
the issuance of a determination of violation by the Governor's Office of Economic
Opportunity under Section
11-41-104
; or
(z)
a challenge to an aspect of a distribution management plan under Section
73-33-202
.
(3)
This chapter does not affect a legal remedy otherwise available to:
(a)
compel an agency to take action; or
(b)
challenge an agency's rule.
(4)
This chapter does not preclude an agency, prior to the beginning of an adjudicative
proceeding, or the presiding officer during an adjudicative proceeding from:
(a)
requesting or ordering a conference with parties and interested persons to:
(i)
encourage settlement;
(ii)
clarify the issues;
(iii)
simplify the evidence;
(iv)
facilitate discovery; or
(v)
expedite the proceeding; or
(b)
granting a timely motion to dismiss or for summary judgment if the requirements of
Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving
party, except to the extent that the requirements of those rules are modified by this
chapter.
(5)
(a)
A declaratory proceeding authorized by Section
63G-4-503
is not governed by
this chapter, except as explicitly provided in that section.
(b)
Judicial review of a declaratory proceeding authorized by Section
63G-4-503
is
governed by this chapter.
(6)
This chapter does not preclude an agency from enacting a rule affecting or governing an
adjudicative proceeding or from following the rule, if the rule is enacted according to the
procedures outlined in Chapter 3, Utah Administrative Rulemaking Act, and if the rule
conforms to the requirements of this chapter.
(7)
(a)
If the attorney general issues a written determination that a provision of this
chapter would result in the denial of funds or services to an agency of the state from
the federal government, the applicability of the provision to that agency shall be
suspended to the extent necessary to prevent the denial.
(b)
The attorney general shall report the suspension to the Legislature at its next session.
(8)
Nothing in this chapter may be interpreted to provide an independent basis for
jurisdiction to review final agency action.
(9)
Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
shown, from lengthening or shortening a time period prescribed in this chapter, except
the time period established for judicial review.
(10)
Notwithstanding any other provision of this section, this chapter does not apply to a
special adjudicative proceeding, as defined in Section
19-1-301.5
, except to the extent
expressly provided in Section
19-1-301.5
.
(11)
Subsection
(2)(w)
, regarding action taken based on state environmental studies and
policies of the Department of Transportation, applies to any claim for which a court of
competent jurisdiction has not issued a final unappealable judgment or order before May
14, 2019.
Section 27. Section
63I-1-219
is amended to read:
63I-1-219
Effective
05/06/26
. Repeal dates: Title 19.
(1)
Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
(2)
Section
19-2-109.6
, Plantwide applicability limitation -- Publication of guidance
required -- Report to committee -- Rulemaking, is repealed July 1, 2026.
(3)
Section
19-2-109.7
, Permit by rule registration expansion study, is repealed July 1, 2026.
(4)
Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2029.
(5)
Section
19-4-115
, Drinking water quality in schools and child care centers, is repealed
July 1, 2027.
(6)
Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
(7)
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1, 2029.
(8)
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July 1,
2030.
(9)
Title 19, Chapter 6, Part 4, Petroleum Storage Tank Act, is repealed July 1, 2028.
(10)
Section
19-6-510
, Study of glass recycling, is repealed July 1, 2026.
(11)
Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
(12)
Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
(13)
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
(14)
Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1, 2027.
Section 28. Section
63I-1-265
is amended to read:
63I-1-265
Effective
05/06/26
. Repeal dates: Title 65A.
Section
65A-10-5
, Utah lake study, is repealed July 1, 2027
Reserved
.
Section 29. Section
63J-1-602.2
is amended to read:
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
. 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
Title 4, Chapter 20,
Rangeland Improvement Act
.
(4)
The Percent-for-Art Program created in Section
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund Program created in Title
4,
Chapter 46, Part 3
, LeRay McAllister Working Farm and Ranch Fund.
(6)
The Utah Lake Authority created in Section
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection
17-66-303(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, as provided 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
53H-5-402
.
(24)
Innovation grants under Section
53G-10-608
, except as provided in Subsection
53G-10-608(3)
.
(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
81-13-103
,
81-13-504
, and
81-13-505
.
(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 30. Section
63J-8-106
is amended to read:
63J-8-106
Effective
05/06/26
. County supported federal land use designation
proposed in proposed congressional land use legislation -- Process for legislative review
of proposed federal legislation land use within a county.
(1)
(a)
Notwithstanding any other provision of this chapter, the Legislature may, in
accordance with this section, recommend to the Utah congressional delegation
proposed congressional land use legislation that is supported by a county.
(b)
A county that fails to comply with the requirements of this section may not
communicate or otherwise represent in any way that a federal land use designation
contained in proposed congressional land use legislation has the support or approval
of the Legislature.
(2)
If a county supports a federal land use designation contained in proposed congressional
land use legislation, the county shall:
(a)
prepare a report on the proposed congressional land use legislation in accordance
with Subsection
(3)
;
(b)
draft a concurrent resolution for a legislative committee's consideration, in
accordance with Subsection
(7)(a)
, in support of the proposed congressional land use
legislation; and
(c)
subject to Subsection
(4)(a)
, deliver the report and draft concurrent resolution to the
office.
(3)
The report required in Subsection
(2)(a)
shall include:
(a)
a copy of the proposed congressional land use legislation;
(b)
a detailed description of the land or watercourse proposed for a federal land use
designation, including:
(i)
the total acres of federal land proposed for a federal land use designation;
(ii)
(A)
a map showing the location of the land or watercourse; and
(B)
the proposed type of federal land use designation for each location;
(iii)
a proposed land conveyance or land proposed for auction by the BLM, if any; and
(iv)
(A)
school and institutional trust land, as defined in Section
53C-1-103
,
proposed for a land exchange, if any; and
(B)
whether the county has coordinated with SITLA on the proposed land
exchange;
(c)
an explanation of whether a federal land use designation will assist in resolving
long-standing public lands issues, such as wilderness disputes, economic
development, recreational use, and access to public lands;
(d)
a narrative description of the economic, recreational, and cultural impacts, taken as a
whole, on a county and the state that would occur if Congress adopted the proposed
congressional land use legislation, including an impact on state revenues;
(e)
an account of actions, if any, proposed in a federal land use designation to minimize
impacts on:
(i)
resource extraction activities occurring on the land or in the watercourse proposed
for a federal land use designation, including mining and energy development; and
(ii)
motorized recreational use and public access;
(f)
a summary of potential benefits gained by the county and state if Congress adopts the
proposed congressional land use legislation;
(g)
a description of the stakeholders and their positions on a federal land use designation;
(h)
whether land identified for a federal land use designation is BLM recommended
wilderness;
(i)
an explanation of what the proposed congressional land use legislation proposes for
federal land located in the county other than land identified for the federal land use
designation;
(j)
(i)
a description of the impact that, if adopted by Congress, the proposed
congressional land use legislation would have on access to roads currently
identified as part of an adopted county transportation plan as described in Section
63L-11-303
; and
(ii)
if a federal land use designation proposes to close a road described in Subsection
(3)(j)(i)
, an explanation for the road closure and a copy of the minutes of any
county public hearing in which the proposed road closures were discussed and
public comment was taken;
(k)
(i)
a description of a proposed resolution for an R.S. 2477 right-of-way, if any,
located within the area identified in a federal land use designation; and
(ii)
whether a proposed resolution described in Subsection
(3)(k)(i)
would include a
quiet title action concerning an R.S. 2477 right-of-way;
(l)
an explanation of whether a federal land use designation proposes a hard release of all
public lands and watercourses not included in the federal land use designation,
placing the land and watercourses in multiple use management;
(m)
an explanation of whether a federal land use designation proposes a prohibition on
further federal action under the Antiquities Act of 1906, 16 U.S.C. Sec. 431 et seq.;
(n)
a narrative description of a federal land use designation's interaction with, if any, a
regional haze rule adopted by the United States Environmental Protection Agency;
(o)
an explanation of whether a federal land use designation would authorize best
management practices as part of an active effort to control on the land or watercourse
proposed for a federal land use designation:
(i)
wildfire;
(ii)
invasive species, including insects; and
(iii)
disease;
(p)
if applicable, a statement as to whether a federal land use designation would allow
for the continuation of existing grazing permits;
(q)
a statement as to the presence or need of passive water management facilities or
activities for livestock or wildlife, such as guzzlers or fencing, for the management of
wildlife or livestock;
(r)
if a federal land use designation identifies land that has oil, gas, or mineral deposits,
an explanation as to why the federal land use designation includes the land;
(s)
(i)
a statement as to whether a federal land use designation:
(A)
affects land or a watercourse located exclusively within the county; or
(B)
affects, whether by an actual federal land use designation or by implication if
a federal land use designation is adopted, land or a watercourse located in
another county; and
(ii)
if the land use proposal would affect land or a watercourse located in another
county, whether that county supports the proposed congressional land use
legislation;
(t)
an explanation of whether a proposed land use designation designates land as
wilderness in the National Wilderness Preservation System or designates land as a
national conservation area that is not part of:
(i)
BLM recommended wilderness; or
(ii)
Forest Service land recommended for wilderness designation in RARE II; and
(u)
a statement explaining whether and to what extent members of Utah's congressional
delegation and their staff were consulted in preparing the proposed congressional
land use legislation and the federal land use designation contained therein.
(4)
(a)
No later than 60 days before delivering a report and draft concurrent resolution in
accordance with Subsection
(2)
, a county shall contact and inform the office of the
county's intention to prepare and deliver the report and draft concurrent resolution.
(b)
The office may give general guidance to a county described in Subsection
(4)(a)
, as
requested, as to compliance with this section.
(5)
The office shall prepare an evaluation of the county's report, including whether the
county has addressed each matter described in Subsection
(3)
.
(6)
The office shall deliver the evaluation described in Subsection
(5)
, including a copy of
the county's report, the proposed congressional land use legislation, and the draft
concurrent resolution, no later than 30 days after receiving the county's report:
(a)
if the Legislature is not in session, and subject to Subsection
(6)(b)
, to the
chair
chairs
of the Natural Resources, Agriculture, and Environment Interim Committee; or
(b)
if the Legislature is in session or there are no scheduled meetings of the Natural
Resources, Agriculture, and Environment Interim Committee before the beginning of
the next legislative session, to the chair of either the House Natural Resources,
Agriculture, and Environment Committee or the Senate Natural Resources,
Agriculture, and Environment Committee.
(7)
(a)
At a committee's next scheduled meeting after receiving a report, the draft
concurrent resolution, and a copy of the proposed congressional land use legislation,
the committee shall:
(i)
review:
(A)
the county's report;
(B)
the draft concurrent resolution, if the concurrent resolution has a legislative
sponsor; and
(C)
the office's evaluation;
(ii)
if the draft concurrent resolution is presented to the committee, consider whether
to approve or reject the draft concurrent resolution;
(iii)
if the draft concurrent resolution is rejected, provide direction to the county as to
the reasons the resolution was rejected and the actions that the county might take
to secure committee approval of the resolution; and
(iv)
take any additional action the committee finds necessary.
(b)
A legislative committee may not accept for review a county-supported federal land
use designation contained in proposed congressional land use legislation that does not
meet the requirements of this section.
(8)
(a)
If the committee rejects the draft concurrent resolution, a county may resubmit a
revised report and draft concurrent resolution to the office in accordance with the
terms of this section.
(b)
Upon receipt of a revised report and draft concurrent resolution, the office shall
comply with the procedures set forth in this section.
(c)
Upon receipt of a revised report, evaluation, and draft concurrent resolution by the
office, a committee described in Subsection
(6)
shall comply with the procedures set
forth in this section.
(9)
The governor may call a special session to consider the concurrent resolution presented
to and approved by a committee described in Subsection
(7)(a)
.
(10)
If a concurrent resolution described in this section is adopted by the Legislature and
signed by the governor, the Office of the Governor shall forward a copy of the
concurrent resolution, the county's report, and the proposed congressional land use
legislation to Utah's congressional delegation.
Section 31. Section
63L-11-305
is amended to read:
63L-11-305
Effective
05/06/26
. Facilitating the acquisition of federally
managed public land under the Recreation and Public Purposes Act.
(1)
As used in this section:
(a)
"Federally managed public land" means federally managed public land that the
secretary is authorized to dispose of under the
federally managed public land
disposal law
Recreation and Public Purposes Act
.
(b)
"Federally managed public land disposal law" means the Recreation and Public
Purposes Act, 43 U.S.C. Sec. 869 et seq.
(c)
(b)
"Government entity" means
any
a
state or local government entity allowed to
submit a land application under the
federally managed public land disposal law
Recreation and Public Purposes Act
.
(d)
(c)
"Land application" means an application under the
federally managed public
land disposal law
Recreation and Public Purposes Act
requesting the secretary to sell
or lease federally managed public land.
(e)
(d)
"Land application process" means the actions involved in the process of
submitting and obtaining a final decision on a land application.
(e)
"Recreation and Public Purposes Act" means the tool for the disposal of federally
managed public land enacted as the Recreation and Public Purposes Act, 43 U.S.C.
Sec. 869 et seq.
(f)
"Secretary" means the Secretary of the Interior of the United States.
(2)
The office shall:
(a)
develop expertise:
(i)
in the land application process; and
(ii)
concerning the factors that tend to increase the chances that a land application
will result in the secretary selling or leasing federally managed public land as
requested in the land application;
(b)
work to educate government entities concerning:
(i)
the availability of federally managed public land pursuant to the
federally
managed public land disposal law
Recreation and Public Purposes Act
; and
(ii)
the land application process;
(c)
advise and consult with a government entity that requests assistance from the office
to formulate and submit a land application and to pursue a decision on the land
application;
(d)
advise and consult with a government entity that requests assistance from the office
to identify and quantify the amount of any funds needed to provide the public use
described in a land application;
(e)
adopt a list of factors to be considered in determining the degree to which a land
application or potential land application is in the public interest;
(f)
recommend a prioritization of land applications or potential land applications in the
state according to the extent to which the land applications are in the public interest,
based on the factors adopted under Subsection
(2)(e)
;
(g)
monitor land applications submitted by government entities for federally managed
public land located within the state, including annually contacting and collecting
relevant data from government entities to determine whether the government entities
have submitted land applications;
(h)
prepare and submit a written report:
(i)
to the Natural Resources, Agriculture, and Environment Interim Committee and
the Federalism Commission;
(ii)
(A)
annually by no later than August 31; and
(B)
at other times, if and as requested by the committee or commission; and
(iii)
(A)
on the activities of the office under this section;
(B)
on the land applications and potential land applications in the state, including
information based on the monitoring of land applications under Subsection
(2)(g)
;
(C)
on the decisions of the secretary on land applications submitted by
government entities in the state; and
(D)
on the quantity of land acquired under the land applications;
(i)
present a summary of information contained in the report described in Subsection
(2)(h)
:
(i)
at a meeting of the Natural Resources, Agriculture, and Environment Interim
Committee and at a meeting of the Federalism Commission;
(ii)
annually no later than August 31; and
(iii)
at other times, if and as requested by the committee or commission; and
(j)
report to the Executive Appropriations Committee of the Legislature, as frequently as
the advisor considers appropriate or as requested by the Executive Appropriations
Committee, on the need for legislative appropriations to provide funds for the public
purposes described in land applications.
(3)
The office may:
(a)
assist a government entity or the secretary in the filing and processing of a land
application; and
(b)
enter into an agreement with the secretary related to the office assisting in processing
a land application.
(4)
(a)
The office shall conduct a survey of the land applications for federally managed
public land located within the state that were submitted by a government entity from
July 1, 2014, to July 1, 2024, to determine:
(i)
which government entities submitted a land application during that time frame;
(ii)
when a government entity submitted a land application during that time frame;
(iii)
the location and quantity of federally managed public land for which a land
application was submitted during that time frame; and
(iv)
the status of a land application submitted during that time frame.
(b)
The office shall complete the survey required by this Subsection
(4)
and report the
results of the survey to the Natural Resources, Agriculture, and Environment Interim
Committee and Federalism Commission by no later than August 31, 2025.
Section 32. Section
65A-6-4
is amended to read:
65A-6-4
Effective
05/06/26
. Mineral leases -- Multiple leases on same land --
Rentals and royalties -- Lease terms -- Great Salt Lake.
(1)
As used in this section:
(a)
"Great Salt Lake element or mineral" means:
(i)
a rare earth element;
(ii)
a trace element or mineral; or
(iii)
a chemical compound that includes a rare earth element or trace element or
mineral.
(b)
"Operator" means, for purposes of provisions applicable to the extraction of a Great
Salt Lake element or mineral, a person qualified to do business in the state who is
pursuing the extraction of a Great Salt Lake element or mineral.
(c)
"Rare earth element" is one of the following ores, minerals, or elements located in
the brines or the sovereign lands of the Great Salt Lake:
(i)
lanthanum;
(ii)
cerium;
(iii)
praseodymium;
(iv)
neodymium;
(v)
samarium;
(vi)
europium;
(vii)
gadolinium;
(viii)
terbium;
(ix)
dysprosium;
(x)
holmium;
(xi)
erbium;
(xii)
thulium;
(xiii)
ytterbium;
(xiv)
lutetium; and
(xv)
yttrium.
(d)
"Trace element or mineral" means an element or mineral that is located in the brines
or the sovereign lands of the Great Salt Lake that is not in production by July 1, 2020,
and for which the state has not received a royalty payment by July 1, 2020.
(2)
(a)
Mineral leases, including oil, gas, and hydrocarbon leases, may be issued for
prospecting, exploring, developing, and producing minerals covering any portion of
state lands or the reserved mineral interests of the state.
(b)
(i)
Leases may be issued for different types of minerals on the same land.
(ii)
If leases are issued for different types of minerals on the same land, the leases
shall include stipulations for simultaneous operations, except that for leases
related to the Great Salt Lake the leases shall include stipulations for simultaneous
operations that will not interfere with, impede, limit, or require changes to
pre-existing rights.
(c)
No more than one lease may be issued for the same resource on the same land.
(d)
The division shall require a separate royalty agreement for extraction of Great Salt
Lake elements or minerals from brines of the Great Salt Lake when:
(i)
a mineral lease, a royalty agreement, or both that are in effect before the operator
seeks to extract a particular Great Salt Lake element or mineral do not expressly
include the right to extract the particular Great Salt Lake element or mineral; or
(ii)
the proposed operation will use brines from the Great Salt Lake, but will not
occupy sovereign lands for the direct production of Great Salt Lake elements or
minerals other than for incidental structures such as pumps and intake and outflow
pipelines.
(3)
(a)
Each
A
mineral lease issued by the division shall provide for an annual rental of
not less than $1 per acre per year, except that a mineral lease issued by the division
involving the extraction of a Great Salt Lake element or mineral from brines in the
Great Salt Lake shall provide for an annual rental of not less than $100 per acre per
year.
(b)
However, a lease may provide for a rental credit, minimum rental, or minimum
royalty upon commencement of production, as prescribed by rule.
(4)
The primary term of a mineral lease may not exceed:
(a)
20 years for oil shale and tar sands; and
(b)
10 years for oil and gas and any other mineral.
(5)
(a)
In addition to the requirements of Chapter 17, Part 3, Mineral or Element
Extraction, and subject to the other provisions of this Subsection
(5)
, for a mineral
lease or royalty agreement involving the extraction of Great Salt Lake elements and
minerals from brines in the Great Salt Lake, the division shall ensure that the
following terms, as applicable, are included:
(i)
an extraction operation or extraction method shall adhere to commercially viable
technologies that minimize water depletion;
(ii)
a provision authorizing the division to curtail or limit Great Salt Lake element or
mineral production at any time the condition of the Great Salt Lake reaches the
emergency trigger, as defined in Section
65A-17-101
;
(iii)
a provision authorizing the division to withdraw lands, operations, extraction
methods, or technologies from Great Salt Lake element or mineral production or
Great Salt Lake element or mineral operations;
(iv)
a provision allowing the division to require an existing operator to use
commercially viable, innovative technologies to minimize water depletions caused
by the planned mineral extraction as a condition of continued operations if the
technology:
(A)
has been successfully implemented on a commercial scale in similar
circumstances;
(B)
has been shown to be economically viable; and
(C)
is reasonably compatible with the operator's overall extraction process; and
(v)
a provision that provides for the reductions of the following after the primary
term of a mineral lease or royalty agreement:
(A)
the acreage subject to the mineral lease by the acreage the operator does not
use to extract a Great Salt Lake element or mineral during the primary term of
the mineral lease under conditions that do not constitute waste, as defined in
Section
65A-17-101
; and
(B)
the volume of water that the operator may divert from the Great Salt Lake, by
the volume of water that the operator does not use during the longer of the
primary term of the mineral lease or seven years if the operator fails to use the
volume of water for a beneficial use, except if the failure to use the volume of
water is as a result of a reduction of water usage under Section
73-33-201
or is
excused under Section
73-1-4
.
(b)
If under Subsection
(5)(a)(iv)
the division requires an existing operator to use a
commercially viable, innovative technology, the division may not require use of a
technology not yet proven to be commercially viable on the Great Salt Lake and may
not require implementation of the technology to begin until after a reasonable period
determined by the division that is at least five years but does not exceed seven years.
(c)
(i)
If the volume of water that the operator may divert from the Great Salt Lake is
reduced under Subsection
(5)(a)(v)
, the division shall pursue a judicial action to
declare all or a portion of the water right forfeited under Subsection
73-1-4(2)
.
(ii)
If the division secures the reduction under this Subsection
(5)(c)
, the division
shall petition the state engineer to order a reversal of the application approval in
accordance with the terms of the reduction or forfeiture of the water right.
(iii)
Nothing in this Subsection
(5)
modifies or otherwise affects Section
73-1-4
or
73-3-30
.
(6)
(a)
Before issuing a royalty agreement under Subsection
(2)(d)
, the division may
require an operator to engage in a feasibility assessment and may issue a royalty
agreement without compliance of Subsection
(5)(a)
if the agreement:
(i)
has a term of 12 months or less; and
(ii)
requires a minimum use of five acre-feet of brines from the Great Salt Lake
during the term of the agreement.
(b)
Subsection
(6)(a)(ii)
requiring a minimum use of five acre-feet of brines from the
Great Salt Lake does not apply to an operator who filed an application with the
division for a feasibility assessment before January 1, 2025.
(c)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for implementing this Subsection
(6)
.
(7)
(a)
Upon nomination from a prospective operator, the division shall by rule, made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
establish a royalty rate and calculation methodology for a Great Salt Lake element or
mineral that:
(i)
provides for a full and fair return to the state from the production of the Great Salt
Lake element or mineral;
(ii)
is consistent with market royalty rates applicable to the production of the Great
Salt Lake element or mineral or of the production of oil and gas;
(iii)
provides a base royalty rate;
(iv)
provides a reduced royalty rate from the royalty rate under Subsection
(7)(a)(iii)
if the royalty agreement:
(A)
relates to a non-evaporative method of producing the Great Salt Lake element
or mineral; or
(B)
provides an incentive to use commercially viable, innovative technology to
minimize water depletion and evaporation as determined by the division;
(v)
provides a reduced royalty rate from the royalty rate under Subsection
(7)(a)(iii)
if
the prospective operator for the extraction of lithium demonstrates to the
satisfaction of the division that the prospective operator has an agreement with a
person who will process or manufacture a product in this state, exclusive of
any
primary or secondary lithium processing or manufacturing, using the lithium
extracted by the prospective operator; and
(vi)
subject to Subsection
(7)(e)
, provides for a royalty rate that is based on the
highest market value prevailing at the time of the sale or disposal of the following:
(A)
the Great Salt Lake element or mineral; or
(B)
a product the lessee produces from the Great Salt Lake element or mineral.
(b)
Before entering into a royalty agreement permitting the extraction of Great Salt Lake
elements or minerals, the operator shall:
(i)
demonstrate the proposed operation's commercial viability;
(ii)
certify before operation begins that the operator is not negatively impacting the
biota or chemistry of the Great Salt Lake; and
(iii)
obtain the approval of the division and the Department of Environmental Quality
that the certification supports a finding that the operation will not negatively
impact the biota or chemistry of the Great Salt Lake.
(c)
A new mineral lease for a Great Salt Lake element or mineral in production in the
Great Salt Lake as of May 3, 2023, is subject to new royalty rates due to emergent
technologies.
(d)
An operator who as of July 1, 2020, had a mineral lease with the division but not a
royalty agreement and who is subject to a severance tax under Subsection
59-5-202(5)
shall pay a royalty under this section in addition to the severance tax.
(e)
The royalty rate described in Subsection
(7)(a)(vi)
may not be reassessed during the
primary term of an initial royalty agreement issued under this section, but may be
reassessed upon the conclusion of the primary term.
(8)
(a)
Except as provided in Subsection
(8)(b)
, an operator who extracts a Great Salt
Lake element or mineral from tailings from the production of Great Salt Lake
elements or minerals from brines in the Great Salt Lake is subject to this section to
the same extent as an operator producing a Great Salt Lake element or mineral from
brines in the Great Salt Lake.
(b)
An operator that, as of May 3, 2023, has an agreement to recover a Great Salt Lake
element or mineral from existing tailings, discarded material, end-use products, or
waste products produced from the evaporation and processing of Great Salt Lake
brines is not subject to this section, except as to the payment of royalties set by the
division under Subsection
(7)(a)
. The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the issuance
and termination of a royalty agreement for mineral extraction from tailings, discarded
material, end-use products, or waste products produced from the evaporation and
processing of Great Salt Lake brines.
(c)
An operator that, as of May 3, 2023, has an underlying agreement to recover a Great
Salt Lake element or mineral shall obtain an additional agreement for any additional
Great Salt Lake element or mineral produced from the tailings, discarded material,
end-use products, or waste products newly produced under the underlying agreement.
The additional agreement is subject to this section.
(9)
The division shall annually report
, by no later than October 1,
to the Natural Resources,
Agriculture, and Environmental Quality Appropriations Subcommittee regarding the
amount of money collected under this section from royalties provided for in Subsection
(7)
.
(10)
(a)
In the issuance of royalty agreements for the extraction of lithium from the Great
Salt Lake, the division shall prioritize applicants that do not use evaporative
concentration of Great Salt Lake brines in any stage of the extractive process.
(b)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, creating a process for implementing this Subsection
(10)
.
(11)
Except in relationship to mineral leases related to the Great Salt Lake, the division
shall make rules regarding the continuation of a mineral lease after the primary term has
expired, which shall provide that a mineral lease shall continue so long as:
(a)
the mineral covered by the lease is being produced in paying quantities from:
(i)
the leased premises;
(ii)
lands pooled, communitized, or unitized with the leased premises; or
(iii)
lands constituting an approved mining or drilling unit with respect to the leased
premises; or
(b)
(i)
the lessee is engaged in diligent operations, exploration, research, or
development which is reasonably calculated to advance development or
production of the mineral covered by the lease from:
(A)
the leased premises;
(B)
lands pooled, communitized, or unitized with the leased premises; or
(C)
lands constituting an approved mining or drilling unit with respect to the
leased premises; and
(ii)
the lessee pays a minimum royalty.
(12)
For the purposes of Subsection
(11)
, diligent operations with respect to oil, gas, and
other hydrocarbon leases may include cessation of operations not in excess of 90 days in
duration.
(13)
(a)
The division shall study and analyze each mineral lease and mineral royalty
agreement issued on the Great Salt Lake and compare and evaluate whether the
mineral leases and royalty agreements are representative of current market
conditions. As part of this study, the division shall:
(i)
make the following determinations for mineral leases:
(A)
whether the entire surface area described within the mineral lease is being
used; and
(B)
whether the annual lease payments are representative of current market
conditions; and
(ii)
for royalty agreements, perform studies and comparative analyses to determine
whether the state is receiving royalty rates consistent with current market
conditions.
(b)
By no later than the 2023 November interim meeting, the division shall report the
division's findings of the study required by this Subsection
(13)
to the Natural
Resources, Agriculture, and Environment Interim Committee.
(14)
(13)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for implementing this section.
(15)
(14)
The provisions in this section related to extraction of a Great Salt Lake element
or mineral under a mineral lease or royalty agreement apply to a mineral lease or royalty
agreement in effect on May 1, 2024, and any mineral lease or royalty agreement entered
into after May 1, 2024.
Section 33. Section
65A-16-301
is amended to read:
65A-16-301
Effective
05/06/26
. Water trust -- Powers and duties -- Advisory
councils.
(1)
The grantee under this chapter shall establish a water trust that:
(a)
is organized:
(i)
as a private nonprofit organization; or
(ii)
as an agreement between two or more conservation organizations; and
(b)
complies with this section.
(2)
A water trust created under this section shall:
(a)
use a fiduciary to hold and administer grant money appropriated under this chapter;
(b)
subject to Subsection
(6)
:
(i)
register with the lieutenant governor as a limited purpose entity pursuant to
Section
51-2a-201.5
;
(ii)
file with the state auditor on or before June 30 of each year the accounting report
that:
(A)
satisfies Subsection
51-2a-201.5(2)
;
(B)
includes an itemized accounting of the in-kind contributions and other
monetary contributions described in Subsection
(4)
; and
(C)
includes an itemized accounting of the costs incurred under Subsection
(3)(a)
;
(iii)
provide a copy of the accounting report described in Subsection
(2)(b)(ii)
to:
(A)
the division;
(B)
the commissioner;
(C)
the Division of Water Quality;
(D)
the council; and
(E)
the Natural Resources, Agriculture, and
Environment
Environmental
Quality
Appropriations Subcommittee;
(iv)
file with the division on or before January 31 of each year a report that satisfies
the requirements of Subsection
51-2a-201.5(4)
; and
(v)
provide a copy of the report described in Subsection
(2)(b)(iv)
to:
(A)
the Division of Water Quality;
(B)
the council; and
(C)
the Natural Resources, Agriculture, and
Environment
Environmental
Quality
Appropriations Subcommittee; and
(c)
comply with applicable laws, regulations, ordinances, and rules.
(3)
A water trust established by a grantee under this section:
(a)
may use grant money for costs to establish, operate, or administer the water trust,
including the hiring of staff or contractors;
(b)
shall use no less than 25% of the grant money to protect and restore wetlands and
habitats in the Great Salt Lake's surrounding ecosystem to benefit the hydrology of
the Great Salt Lake; and
(c)
may invest grant money the water trust receives under this chapter or
any
private
money the water trust may receive, except that the water trust shall:
(i)
invest and account for grant money and private money separately; and
(ii)
use the earnings received from the investment of grant money to carry out the
purposes described in Subsection
65A-16-201(1)
.
(4)
The water trust shall provide a significant match of in-kind contributions or other
monetary contributions to support the water trust's operations and for the purposes
described in Subsection
65A-16-201(1)
.
(5)
(a)
A water trust established under this section shall create and consult with one or
more advisory councils on matters related to the mission and objectives of the water
trust.
(b)
One of the advisory councils shall be known as the "Great Salt Lake Trust Council"
and consist of 10 members:
(i)
the commissioner or the commissioner's designee; and
(ii)
a representative from the following:
(A)
agriculture;
(B)
a private land owner adjacent to the Great Salt Lake;
(C)
a conservation organization dedicated to the preservation of migratory
waterfowl;
(D)
a conservation organization dedicated to the protection of non-game avian
species;
(E)
another conservation organization working on Great Salt Lake issues;
(F)
aquaculture;
(G)
mineral extraction;
(H)
a water conservancy district; and
(I)
wastewater treatment facilities.
(6)
The duties of the water trust under Subsection
(2)(b)
apply to the water trust
notwithstanding whether the holdings, revenues, or expenditures of the water trust
include grant money or other money from the state.
Section 34. Section
73-10-33
is amended to read:
73-10-33
Effective
05/06/26
. Management plan for water conveyance facilities.
(1)
As used in this section:
(a)
"Board" means the Board of Water Resources created by Section
73-10-1.5
.
(b)
"Conservation district" means a conservation district created under
Title 17D,
Chapter 3, Conservation District Act
.
(c)
"Division" means the Division of Water Resources created by Section
73-10-18
.
(d)
"Facility owner or operator" means:
(i)
a water company as defined in Subsection
73-3-3.5(1)(b)
; or
(ii)
an owner or operator of a water conveyance facility.
(e)
"Management plan" means a written document meeting the requirements of
Subsection
(3)
.
(f)
"Potential risk" means a condition where, if a water conveyance facility fails, the
failure would create a high probability of:
(i)
causing loss of human life; or
(ii)
causing extensive economic loss, including damage to critical transportation
facilities, utility facilities, or public buildings.
(g)
"Potential risk location" means a segment of a water conveyance facility that
constitutes a potential risk due to:
(i)
location;
(ii)
elevation;
(iii)
soil conditions;
(iv)
structural instability;
(v)
water volume or pressure; or
(vi)
other conditions.
(h)
(i)
"Water conveyance facility" means a water conveyance defined in Section
57-13a-101
.
(ii)
"Water conveyance facility" does not include:
(A)
a pipeline conveying water for industrial use, or municipal use, within a
public water system as defined in Section
19-4-102
;
(B)
a natural channel used to convey water for use within a water conveyance
facility; or
(C)
a fully piped irrigation system.
(2)
(a)
For a water conveyance facility that has a potential risk location, the board or
division may issue a grant or loan to the facility owner or operator, and the facility
owner or operator may receive state money for water development or water
conveyance facility repair or improvements, only if the facility owner or operator
promptly adopts a management plan in accordance with this section.
(b)
For a management plan to be considered to be promptly adopted for purposes of this
Subsection
(2)
, the facility owner or operator shall:
(i)
adopt the management plan by an affirmative vote of the facility owner or
operator's board of directors, or persons occupying a similar status or performing
similar functions before receiving money under Subsection
(2)(a)
;
and
(ii)
(A)
adopt the management plan as described in Subsection
(2)(b)(i)
by no
later than:
(I)
May 1, 2013, for a water conveyance facility in operation on May 11,
2011; or
(II)
for a water conveyance facility that begins operation after May 11, 2011,
one year after the day on which the water conveyance facility begins
operation; or
(B)
(I)
adopt the management plan as described in Subsection
(2)(b)(i)
; and
(II)
provide written justification satisfactory to the board as to why the facility
owner or operator was unable to adopt a management plan during the time
period provided in Subsection
(2)(b)(ii)(A)
; and
(iii)
(ii)
update the management plan adopted under Subsection
(2)(b)(i)
no less
frequently than every 10 years.
(3)
A management plan described in Subsection
(2)
shall include at least the following:
(a)
a GIS coverage or drawing of each potential risk location of a water conveyance
facility identifying any:
(i)
existing canal and lateral alignment of the canal facility;
(ii)
point of diversion;
(iii)
bridge;
(iv)
culvert;
(v)
screen or trash rack; and
(vi)
spill point;
(b)
an evaluation of
any
potential slope instability that may cause a potential risk,
including:
(i)
failure of the facility;
(ii)
land movement that might result in failure of the facility; or
(iii)
land movement that might result from failure of the facility;
(c)
proof of insurance coverage or other means of financial responsibility against
liability resulting from failure of the water conveyance facility;
(d)
a maintenance and improvement plan;
(e)
a schedule for implementation of a maintenance and improvement plan;
(f)
an emergency response plan that:
(i)
is developed after consultation with local emergency response officials;
(ii)
is updated annually; and
(iii)
includes, in the case of an emergency, how a first responder can:
(A)
contact the facility owner or operator; and
(B)
obtain information described in Subsection
(3)(a)
;
(g)
any potential source of financing for maintenance and improvements under a
maintenance and improvement plan;
(h)
identification of each municipality or county through which water is conveyed or
delivered by the water conveyance facility;
(i)
a statement concerning whether storm water enters the water conveyance facility; and
(j)
if storm water enters the water conveyance facility:
(i)
an estimate of the maximum volume and flow of all water present in the water
conveyance facility as a result of a six-hour, 25-year storm event;
(ii)
on the basis of information provided in accordance with Subsection
(4)
,
identification of the points at which
any
storm structures introduce water into the
water conveyance facility and the anticipated flow that may occur at each
structure; and
(iii)
the name of each governmental agency that has responsibility for storm water
management within the area from which storm water drains into the water
conveyance facility.
(4)
A private or public entity that introduces storm water into a water conveyance facility
shall provide the facility owner or operator with an estimate of the maximum volume
and flow of water that may occur at each structure that introduces storm water into the
water conveyance facility.
(5)
(a)
A facility owner or operator of a water conveyance facility shall provide a
municipality or county in which is located a potential risk location of the water
conveyance facility an outline of the information provided in Subsection
(3)(f)
.
(b)
A facility owner or operator shall give notice to the planning and zoning department
of each municipality and county identified in Subsection
(3)(h)
outlining the
information provided in Subsections
(3)(f)
,
(i)
, and
(j)
.
(c)
An outline of information provided under this Subsection
(5)
is a protected record
under Section
63G-2-305
.
(6)
(a)
The division may provide information and technical resources to a facility owner
or operator of a water conveyance facility, regardless of whether the water
conveyance facility has a potential risk location.
(b)
In providing the information and resources described in Subsection
(6)(a)
, the
division may coordinate with efforts of any association of conservation districts that
may provide similar information and technical resources.
(c)
The information and technical resources described in Subsection
(6)(a)
include:
(i)
engaging state and local water users in voluntary completion of a management
plan;
(ii)
developing standard guidelines, checklists, or templates that may be used by a
facility owner or operator;
(iii)
using conservation districts as points of contact with a facility owner or operator;
(iv)
providing training to help a facility owner or operator to adopt a management
plan; and
(v)
assisting, at the request and under the direction of, a facility owner or operator
with efforts to adopt or implement a management plan.
(7)
(a)
A facility owner or operator of a water conveyance facility that has a potential risk
location shall provide the board or division upon request:
(i)
written certification signed under oath by a person authorized to act for the board
of directors or persons occupying a similar status or performing similar functions,
certifying that the management plan complies with this section; and
(ii)
an opportunity to review a management plan.
(b)
A management plan received by the board or division under this section is a
protected record under Section
63G-2-305
.
(8)
The board shall report concerning compliance with this section to the Natural
Resources, Agriculture, and Environment Interim Committee of the Legislature before
November 30, 2013.
(9)
(8)
The division and board may make rules, in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
, concerning the requirements of this section.
(10)
(9)
This section does not:
(a)
create a private right of action for a violation of this section; or
(b)
limit, impair, or enlarge a person's right to sue and recover damages from a facility
owner or operator in a civil action for a cause of action that is not based on a
violation of this section.
(11)
(10)
The following may not be introduced as evidence in
any
civil litigation on the
issue of negligence, injury, or the calculation of damages:
(a)
a management plan prepared in accordance with this section;
(b)
the failure to prepare or adopt a management plan in accordance with this section; or
(c)
the failure to update a management plan in accordance with this section.
Section 35. Section
73-10g-204
is amended to read:
73-10g-204
Effective
05/06/26
Repealed
07/01/28
. Agricultural Water
Optimization Account.
(1)
There is created a restricted account within the General Fund called the "Agricultural
Water Optimization Account."
(2)
The account consists of:
(a)
appropriations from the Legislature;
(b)
federal funds; and
(c)
grants or donations from other public or private sources.
(3)
Subject to appropriation, the conservation commission may use money in the account
to:
(a)
issue grants in accordance with Section
73-10g-206
to improve agricultural water
optimization; and
(b)
fund research approved by the committee under Subsection
73-10g-205(7)
.
(4)
Until December 31, 2024, the department may loan up to $3,000,000 of General Fund
money in the account to the Agriculture Resource Development Fund, subject to the
conditions described in Section
4-18-106
.
(5)
(4)
(a)
The department shall maintain the account and record the debits and credits
made to the account by the department.
(b)
The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the account into the account.
(6)
(5)
The department and the Department of Natural Resources may use money in the
account for the administration of this part, except that the aggregate amount expended
under this Subsection
(6)
(5)
may not exceed 1.5% of the money appropriated to the
grant program described in Section
73-10g-206
.
Section 36. Section
73-10g-305
is amended to read:
73-10g-305
Effective
05/06/26
. Role of the state council -- Reporting.
(1)
The state council shall:
(a)
serve as a forum to encourage and facilitate discussion and collaboration by and
among the stakeholders relative to the water-related interests of the state and the
state's people and institutions;
(b)
facilitate communication and coordination between the Department of Natural
Resources, the Department of Agriculture and Food, the Department of
Environmental Quality, and other state and federal agencies in the administration and
implementation of water-related activities;
(c)
facilitate the establishment of local councils by certifying a local council:
(i)
for the watersheds defined in Section
73-10g-303
; and
(ii)
after reviewing the proceedings and documents submitted by proposed local
councils, to ensure that the local council meets the certification requirements in
Section
73-10g-306
;
(d)
provide resources and support for the administration of local councils;
(e)
consult and seek guidance from local councils;
(f)
advise the Water Development Coordinating Council regarding a unified water
infrastructure plan in accordance with Section
73-10g-602
; and
(g)
provide advice to the governor and Legislature on water issues.
(2)
The state council shall provide updates on the state council's activities annually,
by no
later than October 1,
or as invited, to:
(a)
the Natural Resources, Agriculture, and Environment Interim Committee;
(b)
the Legislative Water Development Commission; and
(c)
the Utah Water Task Force.
Section 37. Section
73-10g-703
is amended to read:
73-10g-703
Effective
05/06/26
Repealed
07/01/34
. Powers and duties of water
agent.
(1)
(a)
In consultation with the speaker of the House of Representatives, president of the
Senate, and governor, the water agent shall explore and negotiate with officials of
other states, tribes, and other government entities regarding possible water
augmentation projects, including:
(i)
for the citizens of Utah, representing the state concerning waters of out-of-state
rivers, lakes, and other sources of supply of waters except when representation is
otherwise provided in statute;
(ii)
identifying potential out-of-state water resources, including land or a facility
necessary for the use of the water resources;
(iii)
working with the council and division to match the water resources described in
Subsection
(1)(a)(ii)
to needs identified by the council or division;
(iv)
establishing a strategy to designate what out-of-state water resources to pursue
and how to execute that strategy;
(v)
negotiating directly with out-of-state partners to execute the strategy described in
Subsection
(1)(a)(iv)
;
(vi)
represent the state in interstate conferences between the state and one or more
sister states held for the purpose of entering into compacts between such states for
the division of the waters of interstate rivers, lakes, or other sources of water
supply, and to represent the state upon commissions or other governing bodies
provided for by
any
compacts that have been or may be entered into between the
state and one or more sister states, except that a compact is not binding on the
state until the compact is ratified and approved by the Legislature and the
legislatures of other states that are parties to the compact;
(vii)
recommending to the Legislature and to the council actions that may assist in the
development of, strategies for, and execution of water augmentation projects; and
(viii)
annually
, by no later than October 1,
reporting findings and recommendations
to:
(A)
the governor;
(B)
the president of the Senate;
(C)
the speaker of the House of Representatives;
(D)
the Legislative Water Development Commission created in Section
73-27-102
;
(E)
the Natural Resources, Agriculture, and Environment Interim Committee; and
(F)
the Board of Water Resources created in Section
73-10-1.5
.
(b)
The water agent may recommend to the Board of Water Resources, created in
Section
73-10-1.5
, a water augmentation project that the water agent negotiates under
this section, if the water augmentation project is in the best interest of the people of
this state and the state's water resources.
(2)
The water agent shall consult and work with the council, state entities, the Colorado
River Authority of Utah, and other bodies established by the state for interstate water
negotiations.
(3)
Subject to Title
63G, Chapter 2
, Government Records Access and Management Act,
upon request of the water agent, a state or local entity shall provide to the water agent a
document, report, or information available within the state or local entity.
(4)
The water agent may negotiate with tribes in accordance with this section.
(5)
This chapter may not be interpreted to override, substitute, or modify a water right
within the state or the role and authority of the state engineer.
(6)
In implementing this part, the water agent shall at least monthly coordinate with and
receive input from the relevant divisions within the Department of Natural Resources
regarding the water agent's activities.
Section 38. Section
73-32-202
is amended to read:
73-32-202
Effective
05/06/26
. Duties and authorizations of the commissioner.
(1)
The commissioner, under the administrative oversight of the executive director, shall:
(a)
subject to Section
73-32-204
, prepare an approved strategic plan for the long-term
health of the Great Salt Lake and update the strategic plan regularly;
(b)
oversee the execution of the strategic plan by other state agencies as provided in
Section
73-32-203
;
(c)
maintain information that measures Great Salt Lake levels, salinity, and overall
health;
(d)
meet regularly with the executive director and with the executive director of the
Department of Environmental Quality;
(e)
consult with the Division of Forestry, Fire, and State Lands regarding
Title 65A,
Chapter 16, Great Salt Lake Watershed Enhancement Program
;
(f)
monitor the integrated water assessment conducted under
Chapter 10g, Part 4, Great
Salt Lake Watershed Integrated Water Assessment
;
(g)
inform the governor, the president of the Senate, and the speaker of the House of
Representatives, at least annually, about the status of the strategic plan and the
progress regarding implementation of the strategic plan;
(h)
at least annually
, by no later than October 1,
report to the Executive Appropriations
Committee regarding the expenditure of money under this chapter;
(i)
work cooperatively with and receive input and recommendations from the Great Salt
Lake Trust Council created under Section
65A-16-301
in accordance with Section
65A-16-302
;
(j)
coordinate and work collaboratively with water conservancy districts that serve water
users within the Great Salt Lake watershed;
(k)
consult on projects funded by state appropriations that are designed to acquire or
lease water or water rights for the Great Salt Lake to ensure the project is consistent
with the strategic plan; and
(l)
annually report
, by no later than October 1,
to the Natural Resources, Agriculture,
and Environment Interim Committee regarding the activities of the commissioner.
(2)
The commissioner may:
(a)
access information from other state or federal agencies related to the Great Salt Lake;
(b)
develop cooperative agreements between the state, political subdivisions, and
agencies of the federal government for involvement in the strategic plan;
(c)
produce research, documents, maps, studies, analysis, or other information that
supports the strategic plan for the Great Salt Lake;
(d)
facilitate and coordinate the exchange of information, comments, and
recommendations on Great Salt Lake policies between and among:
(i)
state agencies;
(ii)
political subdivisions;
(iii)
institutions of higher education that conduct research relevant to the Great Salt
Lake;
(iv)
nonprofit entities; and
(v)
private business;
(e)
communicate with the Great Salt Lake Watershed Council created under
Chapter
10g, Part 3, Watershed Councils Act
;
(f)
subject to Subsection
(4)
, negotiate agreements, leases, or other means to acquire or
lease water or water rights for the Great Salt Lake pursuant to the exemption under
Subsection
63G-6a-107.6(2)
; and
(g)
perform other duties that the commissioner considers necessary or expedient to carry
out the purposes of this chapter.
(3)
(a)
The commissioner may not expend money for the purpose of acquiring or leasing
water or water rights without first obtaining a review and recommendations regarding
the expenditure from the Great Salt Lake Trust Council created in accordance with
Section
65A-16-301
.
(b)
The Great Salt Lake Trust Council shall review an expenditure described in
Subsection
(3)(a)
and may make a favorable recommendation if the Great Salt Lake
Trust Council finds that the expenditure is consistent with:
(i)
the strategic plan; and
(ii)
activities of the water trust created in Title 65A, Chapter 16, Great Salt Lake
Watershed Enhancement Program.
(4)
(a)
A change application for a water right acquired or leased under Subsection
(2)(f)
for use on sovereign lands in the Great Salt Lake shall be administered in accordance
with Section
73-3-30
.
(b)
The commissioner shall consult with the commissioner of the Department of
Agriculture and Food regarding terms and conditions for leasing agricultural water
for the Great Salt Lake.
(5)
In fulfilling the duties under this chapter, the commissioner shall consult and coordinate,
as necessary, with:
(a)
divisions within the department;
(b)
the Department of Agriculture and Food;
(c)
the Department of Environmental Quality;
(d)
other applicable state agencies;
(e)
political subdivisions of the state;
(f)
federal agencies;
(g)
elected officials; and
(h)
local tribal officials.
Section 39. Section
73-32-204
is amended to read:
73-32-204
Effective
05/06/26
. Strategic plan.
(1)
(a)
In accordance with this section, the commissioner shall prepare a strategic plan
and obtain the approval of the governor of that strategic plan.
(b)
A strategic plan prepared by the commissioner may not be implemented until the
governor approves the strategic plan, except as provided in Subsection
(5)
(4)
.
(2)
The commissioner shall base the strategic plan on a holistic approach that balances the
diverse interests related to the health of the Great Salt Lake, and includes provisions
concerning:
(a)
coordination of efforts related to the Great Salt Lake;
(b)
a sustainable water supply for the Great Salt Lake, while balancing competing needs;
(c)
human health and quality of life;
(d)
a healthy ecosystem;
(e)
economic development;
(f)
water conservation, including municipal and industrial uses and agricultural uses;
(g)
water and land use planning;
(h)
regional water sharing; and
(i)
other provisions that the commissioner determines would be for the benefit of the
Great Salt Lake.
(3)
(a)
The commissioner shall obtain the approval of the governor of an initial
strategic plan by no later than December 31, 2023.
(b)
On or before November 30, 2023, the commissioner shall submit an initial strategic
plan to the governor, speaker of the House of Representatives, and the president of
the Senate.
(c)
The governor shall approve the strategic plan by no later than December 31, 2023, if
the governor determines that the initial strategic plan satisfies this chapter.
(d)
By no later than January 15, 2024, the commissioner shall provide the following a
copy of the initial strategic plan approved by the governor under Subsection
(3)(c)
:
(i)
the Natural Resources, Agriculture, and Environment Interim Committee;
(ii)
the department;
(iii)
the Department of Environmental Quality; and
(iv)
the Department of Agriculture and Food.
(4)
(3)
The governor may approve a strategic plan only after consulting with the speaker of
the House of Representatives and the president of the Senate.
(5)
(4)
Once a strategic plan is approved by the governor, the commissioner may make
substantive changes to the strategic plan without the approval of the governor, except
that the commissioner shall:
(a)
inform the governor, the speaker of the House of Representatives, and the president
of the Senate of a substantive change to the strategic plan; and
(b)
submit the strategic plan every five years for the approval of the governor in a
process that
is consistent with Subsection
(3)
.
requires:
(i)
the submission of the proposed strategic plan to the governor, speaker of the
House of Representatives, and the president of the Senate;
(ii)
approval by the governor; and
(iii)
the commissioner to provide to the following a copy of the strategic plan
approved by the governor under this Subsection
(4)
:
(A)
the Natural Resources, Agriculture, and Environment Interim Committee;
(B)
the department;
(C)
the Department of Environmental Quality; and
(D)
the Department of Agriculture and Food.
(6)
(5)
The commissioner may work with the Division of Forestry, Fire, and State Lands in
coordinating the comprehensive management plan created under Section
65A-17-201
with the strategic plan.
Section 40. Section
73-32-303
is amended to read:
73-32-303
Effective
05/06/26
Repealed
07/01/27
. Duties of the council.
(1)
(a)
The council shall advise the persons listed in Subsection
(1)(b)
on the sustainable
use, protection, and development of the Great Salt Lake in terms of balancing:
(i)
sustainable use;
(ii)
environmental health; and
(iii)
reasonable access for existing and future development.
(b)
The council shall advise, as provided in Subsection
(1)(a)
:
(i)
the governor;
(ii)
the department;
(iii)
the Department of Environmental Quality; and
(iv)
the commissioner.
(2)
The council shall assist the Division of Forestry, Fire, and State Lands in the Division of
Forestry, Fire, and State Land's responsibilities for the Great Salt Lake described in
Sections
65A-17-201
and
65A-17-202
.
(3)
The council:
(a)
may recommend appointments to the Great Salt Lake technical team created by the
Division of Forestry, Fire, and State Lands; and
(b)
shall receive and use technical support from the Great Salt Lake technical team.
(4)
The council shall assist the department, the Department of Environmental Quality, and
their applicable boards in accomplishing their responsibilities for the Great Salt Lake.
(5)
The council shall report annually
, by no later than October 1,
to the Natural Resources,
Agriculture, and Environmental Quality Appropriations Subcommittee on the council's
activities.
Section 41. Section
76-17-401
is amended to read:
76-17-401
Effective
05/06/26
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
19-1-102
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section
76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
arson under Section
76-6-102
;
(bb)
aggravated arson under Section
76-6-103
;
(cc)
causing a catastrophe under Section
76-6-105
;
(dd)
burglary under Section
76-6-202
;
(ee)
aggravated burglary under Section
76-6-203
;
(ff)
burglary of a vehicle under Section
76-6-204
;
(gg)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
robbery under Section
76-6-301
;
(ii)
aggravated robbery under Section
76-6-302
;
(jj)
theft under Section
76-6-404
;
(kk)
theft by deception under Section
76-6-405
;
(ll)
theft by extortion under Section
76-6-406
;
(mm)
receiving stolen property under Section
76-6-408
;
(nn)
theft of services under Section
76-6-409
;
(oo)
forgery under Section
76-6-501
;
(pp)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
deceptive business practices under Section
76-6-507
;
(tt)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
bribery of a labor official under Section
76-6-509
;
(vv)
defrauding creditors under Section
76-6-511
;
(ww)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
unlawful influence of a contest under Section
76-6-514
;
(zz)
making a false credit report under Section
76-6-517
;
(aaa)
criminal simulation under Section
76-6-518
;
(bbb)
criminal usury under Section
76-6-520
;
(ccc)
insurance fraud under Section
76-6-521
;
(ddd)
retail theft under Section
76-6-602
;
(eee)
computer crimes under Section
76-6-703
;
(fff)
identity fraud under Section
76-6-1102
;
(ggg)
mortgage fraud under Section
76-6-1203
;
(hhh)
sale of a child under Section
76-7-203
;
(iii)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
threat to influence official or political action under Section
76-8-104
;
(kkk)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(ooo)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(sss)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
making a written false statement under Section
76-8-504
;
(vvv)
tampering with a witness under Section
76-8-508
;
(www)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
falsification or alteration of a government record under Section
76-8-511
, if the
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act;
(bbbb)
public assistance fraud by an applicant for public assistance under Section
76-8-1203.1
;
(cccc)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
false statement to obtain or increase unemployment compensation under Section
76-8-1301
;
(gggg)
false statement to prevent or reduce unemployment compensation or liability
under Section
76-8-1302
;
(hhhh)
unlawful failure to comply with Employment Security Act requirements under
Section
76-8-1303
;
(iiii)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(kkkk)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal street
gang under Section
76-9-803
;
(llll)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803.1
;
(mmmm)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
aggravated intimidating a minor to remain in a criminal street gang under Section
76-9-803.3
;
(oooo)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(pppp)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(qqqq)
unlawful delivery or mailing of an explosive, chemical, or incendiary device
under Section
76-15-209
;
(rrrr)
forging or counterfeiting trademarks, trade name, or trade device under Section
76-16-302
;
(ssss)
selling goods under counterfeited trademark, trade name, or trade devices under
Section
76-16-303
;
(tttt)
sales in containers bearing registered trademark of substituted articles under
Section
76-16-304
;
(uuuu)
selling or dealing with article bearing registered trademark or service mark with
intent to defraud under Section
76-16-306
;
(vvvv)
participating in gambling under Section
76-9-1402
;
(wwww)
permitting gambling under Section
76-9-1403
;
(xxxx)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
gambling promotion under Section
76-9-1405
;
(zzzz)
gambling fraud under Section
76-9-1406
;
(aaaaa)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
aiding or abetting a minor in distributing pornographic material under Section
76-5c-203
;
(eeeee)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
aiding or abetting a minor in distributing material harmful to minors under
Section
76-5c-206
;
(hhhhh)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
aiding prostitution under Section
76-5d-206
;
(lllll)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
communications fraud under Section
76-6-525
;
(ooooo)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
an act prohibited by the criminal provisions of Chapter 9, Part 16, Money
Laundering and Currency Transaction Reporting;
(qqqqq)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
an act prohibited by the criminal provisions of the laws governing taxation in this
state; or
(sssss)
an act illegal under the laws of the United States and enumerated in 18 U.S.C.
Secs. 1961(1)(B), (C), and (D).
Section 42. Section
79-2-406
is amended to read:
79-2-406
Effective
05/06/26
. Wetlands.
(1)
As used in this section, "committee" means the Natural Resources, Agriculture, and
Environment Interim Committee.
(2)
The department shall publish, on the department's website, the land use permits
collected by the Utah Geological Survey pursuant to Subsection
79-3-202
(1)(q).
(3)
(a)
The department shall study and make recommendations to the committee on the
viability of an in-lieu fee program for wetland mitigation, including:
(i)
the viability of the state establishing and administering an in-lieu fee program; and
(ii)
the viability of the state partnering with a private organization to establish and
administer an in-lieu fee program.
(b)
As part of the study described in Subsection
(3)(a)
, the department shall consult
with public and private individuals and entities that may be necessary or helpful to
the establishment or administration of an in-lieu fee program for wetland mitigation,
which may include:
(i)
the Utah Department of Environmental Quality;
(ii)
the United States Army Corps of Engineers;
(iii)
the United States Fish and Wildlife Service;
(iv)
the United States Environmental Protection Agency; or
(v)
a non-profit entity that has experience with the establishment and administration
of in-lieu fee programs.
(c)
The department shall provide a report on the status of the department's study during
or before the committee's November interim meeting in 2022.
(d)
The department shall provide a final report of the department's study and
recommendations, including any recommended legislation, during or before the
committee's first interim meeting in 2023.
Section 43. Section
79-2-408
is amended to read:
79-2-408
Effective
05/06/26
. Utah Water Ways.
(1)
As used in this section:
(a)
"Partnership" means the nonprofit, statewide partnership described in Subsections
(2)
and
(3)
.
(b)
"Water supply entity" means an entity supplying either culinary or irrigation water to
a water user.
(2)
The department shall oversee:
(a)
the creation of a nonprofit, statewide partnership in accordance with this section; and
(b)
the state's participation in the partnership.
(3)
The partnership shall:
(a)
be known as "Utah Water Ways";
(b)
have as core purposes to:
(i)
facilitate coordination of efforts to optimize the use of water by:
(A)
sponsoring policy discussions about the state's water supply;
(B)
engaging the private sector to help support efforts to optimize the use of water
and related activities;
(C)
coordinating with the Department of Agriculture and Food and the
Department of Environmental Quality on water related issues;
(D)
maintaining communication among partners in the partnership;
(E)
providing a line of communication from partners to state leaders; and
(F)
promoting coordination of grants, rebate programs, or sponsorships that
support the optimal use of water; and
(ii)
encourage residents of the state to make changes to optimize the use of water and
care for the state's water supply by:
(A)
providing public education and public awareness campaigns and helping
consolidate campaigns about the state's water supply, water quality, and water
use; and
(B)
providing residents of the state with tools to understand what can be done to
optimize the use of water;
(c)
consistent with Subsection
(3)(b)(ii)(A)
and subject to Subsection
(8)
, coordinate
with the State Board of Education to create standards-aligned resources and
professional development opportunities to be used in select grades in kindergarten
through grade 12 of the public education system, including:
(i)
an overview of the water cycle;
(ii)
an overview of Utah's water systems, including reference to watersheds,
watershed health, groundwater, river systems, and major water infrastructure;
(iii)
an overview on how water is used in Utah, such as in the residential, agricultural,
and industrial sectors, including information regarding:
(A)
the pass-through of water used in households to terminal lakes like the Great
Salt Lake;
(B)
the pass-through of water used in many industries to terminal lakes like the
Great Salt Lake;
(C)
the jobs and products created by industrial sections that use water;
(D)
the importance of agriculture in providing food; and
(E)
water recycling in areas that do not have terminal lakes like the Great Salt
Lake;
(iv)
information on the geological and climate changes for the last 30,000 years that
created and changed the Great Salt Lake;
(v)
strategies for individuals to protect water quality;
(vi)
strategies for individuals to optimize the use of water, and the reasons
optimization is needed; and
(vii)
hands-on methods to help students learn the information described in this
Subsection
(3)(c)
; and
(d)
seek grants, gifts, donations, devises, and bequests.
(4)
The board of directors for the partnership shall:
(a)
consist of 13 individuals as follows:
(i)
the executive director of the department, or the executive director's designee;
(ii)
the director of the Division of Water Resources, or the director's designee;
(iii)
the executive director of the Department of Environmental Quality, or the
executive director's designee;
(iv)
the commissioner of the Department of Agriculture and Food, or the
commissioner's designee;
(v)
a representative of rural Utah selected jointly by the governor, the speaker of the
House of Representatives, and the president of the Senate;
(vi)
the general managers for four water conservancy districts selected jointly by the
governor, the speaker of the House of Representatives, and the president of the
Senate; and
(vii)
four members of the business community selected jointly by the governor, the
speaker of the House of Representatives, and the president of the Senate;
(b)
hire an executive director by August 1, 2023, who shall serve for an initial term of
four years; and
(c)
adopt policies concerning the board of directors' internal organization and procedures.
(5)
The partnership may, consistent with this section, receive a grant, gift, donation, devise,
or bequest.
(6)
The partnership shall annually report
, by no later than October 1,
to the Natural
Resources, Agriculture, and Environment Interim Committee.
(7)
Notwithstanding the creation of the partnership, a water supply entity may maintain an
important role with water supply users to encourage the optimized use of water such as
through localized messaging, rebate programs, or other activities.
(8)
The standards-aligned resources created under Subsection
(3)(c)
may not include
information on human-caused climate change.
Section 44. Section
79-2-504
is amended to read:
79-2-504
Effective
05/06/26
. Program creation -- Administration.
(1)
There is created the Sage Grouse Compensatory Mitigation Program to mitigate the
impacts of development or disturbance of sage grouse habitat by:
(a)
creating and preserving habitat for the long-term conservation of sage grouse in the
state in a manner that minimizes impacts to economic growth;
(b)
establishing a mechanism by which conservation banks may operate in Utah to
achieve compensatory mitigation; and
(c)
establishing a mechanism by which a person or a governmental entity may
voluntarily complete compensatory mitigation.
(2)
(a)
The department shall administer the program and may make rules in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, to administer the
program in accordance with
the provisions of
this part.
(b)
A rule made under Subsection
(2)(a)
shall be consistent with:
(i)
the requirements of Section
79-2-505
;
(ii)
the goals and objectives described in the conservation plan, including avoiding
and minimizing habitat disturbances and mitigation impacts to sage grouse
habitat; and
(iii)
to the greatest extent possible, any local programs for the conservation of sage
grouse habitat.
(c)
Before making
any
rules under this chapter, the department shall
:
(i)
create a plan by which the requirements of this chapter will be met
; and
.
(ii)
before November 1, 2016, present the plan to the Natural Resources,
Agriculture, and Environment Interim Committee.
Section 45. Section
79-8-203
is amended to read:
79-8-203
Effective
05/06/26
. Award of recreation restoration infrastructure
grants.
(1)
In determining the award of a recreation restoration infrastructure grant, the advisory
committee shall prioritize projects that the advisory committee considers to be high
demand outdoor recreation amenities or high priority trails.
(2)
The division may give special consideration to a project from a qualified applicant
within rural counties to ensure geographic parity of the awarded money.
(3)
(a)
An applicant shall use a recreation restoration infrastructure grant to leverage
private and other nonstate public money, including cash, resources, goods, or services
necessary to complete a project.
(b)
The division may give priority to a project from an applicant that contributes a 50%
or greater financial match from the applicant or other private and nonstate public
money.
(c)
The division shall apply money from a cooperative agreement entered into with the
United States Department of Agriculture or the United States Department of the
Interior as a portion of the applicant's match.
(4)
A recreation restoration infrastructure grant may only be awarded by the executive
director after consultation with the director and the advisory committee.
(5)
A recreation restoration infrastructure grant is available for rehabilitation or restoration
projects for high demand outdoor recreation amenities and high priority trails that relate
directly to the visitor including:
(a)
a trail, trail head infrastructure, signage, and crossing infrastructure, for both
nonmotorized and motorized recreation;
(b)
a campground or picnic area;
(c)
water recreation infrastructure, including a pier, dock, or boat ramp; and
(d)
recreation facilities that are accessible to visitors with disabilities.
(6)
The following are not eligible for a recreation restoration infrastructure grant:
(a)
general facility operations and administrative costs;
(b)
land acquisitions;
(c)
visitor facilities, as defined by the division by rule made in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(d)
water and utility systems; and
(e)
employee housing.
(7)
The division shall compile data and
annually
report
, by no later than October 1,
to the
Natural Resources, Agriculture, and Environmental Quality Appropriations
Subcommittee on the:
(a)
effectiveness of the grant program in addressing the deferred maintenance and repair
backlog of trails, campgrounds, and other recreation amenities on public lands;
(b)
estimated value of the rehabilitation or restoration projects;
(c)
number of miles of trails that are rehabilitated or restored; and
(d)
leverage of state money to federal and private money and in-kind services such as
volunteer labor.
Section 46.
Repealer.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Short title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Short title.
Regulatory certainty to support economic recovery.
Title.
Title.
Title.
Title.
Title.
Short title.
Efforts to prevent siting of any nuclear waste facility to include
economic development study regarding Native American reservation lands within the state.
Short title.
Short title.
Participation in survey.
Short title.
Short title.
Short title.
Short title.
Short title.
Title.
Title.
Title.
Definitions.
Board and director powers.
Mercury switch collection plan -- Reimbursement for mercury switch
removal.
Reporting requirements.
Penalties.
Title.
Title.
Title.
Title.
Title.
Title.
Title.
Rules for carbon capture and geological storage.
Title.
Utah Lake study.
Title.
Water for power study.
Short title.
Title.
Division of Water Resources to conduct certain study.
Title.
Title.
Review of Watershed Councils Act.
Great Salt Lake related post-construction storm water management.
Title.
Purpose of act -- Legislative finding.
Definitions.
Authority of Board of Water Resources.
Qualification for financial assistance.
Consultation with the executive committee of the Agricultural Advisory
Board.
Payment for emergency water resource developments.
Feasibility study required before approval of assistance.
Emergency Water Resources Account -- Creation -- Purpose.
Emergency Water Resources Account -- Appropriation -- Purpose.
Proceeds deposited to Water Resources Construction Fund.
Transfer of funds -- Purposes.
Short title.
Title.
Title.
Title.
Titles.
Title.
Radon study.
Title.
Title.
Title.
Title.
Title.
Authority to study transportation, heating, and electricity-generating
fuel storage reserve.
Title.
Title.
Title.
Title.
Section 47.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-6-26 8:11 AM