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title-79•Title 79 — Natural Resources
As used in this title:
(1) "Department" means the Department of Natural Resources created in Section 79-2-201.
(2) "Executive director" means the executive director of the department who is appointed under Section 79-2-202.
(1) There is created a coordination council that consists of:
(a) the executive director of the department;
(b) the executive director of the Department of Environmental Quality;
(c) the commissioner of the Department of Agriculture and Food;
(d) the advisor of the Public Lands Policy Coordinating Office; and
(e) the director of the Office of Energy Development.
(2) The coordination council shall:
(a) rotate the position of chair among the members; and
(b) meet at least monthly.
(3) The coordination council shall discuss methods to enhance the coordination of regulation and services of the five entities.
(1) The following may not be construed or applied to supersede or interfere with the powers and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23A, Wildlife Resources Act, over the activities described in Subsection (2):
(a) Chapter 4, State Parks;
(b) Chapter 5, Recreational Trails;
(c) Chapter 7, Outdoor Recreation Act; and
(d) Chapter 8, Outdoor Recreation Grants.
(2) Subsection (1) applies to the powers and duties of the Division of Wildlife Resources or the Wildlife Board over:
(a) conservation and management of protected wildlife within the state;
(b) a program or initiative to restore and conserve habitat for fish and wildlife; or
(c) acquisition, ownership, management, and control of real property or a real property interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
As used in this chapter:
(1) "Natural resources officer" means the same as that term is defined in Section 79-2-701.
(2) "Volunteer" means a person who donates a service to the department or a division of the department without pay or other compensation.
(1) There is created the Department of Natural Resources.
(2) The department comprises the following:
(a) Board of Water Resources, created in Section 73-10-1.5;
(b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
(c) Office of Energy Development, created in Section 79-6-401;
(d) Wildlife Board, created in Section 23A-2-301;
(e) Board of the Utah Geological Survey, created in Section 79-3-301;
(f) Water Development Coordinating Council, created in Section 73-10c-3;
(g) Division of Water Rights, created in Section 73-2-1.1;
(h) Division of Water Resources, created in Section 73-10-18;
(i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
(j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
(k) Division of State Parks, created in Section 79-4-201;
(l) Division of Outdoor Recreation, created in Section 79-7-201;
(m) Division of Wildlife Resources, created in Section 23A-2-201;
(n) Utah Geological Survey, created in Section 79-3-201;
(o) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section 79-7-206;
(p)
(i) an advisory council that includes in the advisory council's duties advising on state boating policy, authorized by Section 73-18-3.5; or
(ii) an advisory council that includes in the advisory council's duties advising on off-highway vehicle use, authorized by Section 41-22-10;
(q) Wildlife Board Nominating Committee, created in Section 23A-2-302;
(r) Wildlife Regional Advisory Councils, created in Section 23A-2-303;
(s) Utah Watersheds Council, created in Section 73-10g-304;
(t) Public Lands Policy Coordinating Office created in Section 63L-11-201;
(u) the Great Salt Lake commissioner, appointed under Section 73-32-201, and the Office of the Great Salt Lake Commissioner, created in Section 73-32-301;
(v) the Colorado River Authority and river commissioner under Title 73, Chapter 35, Colorado River Authority of Utah Act; and
(w) the Critical Minerals Council, created in Section 79-10-301.
(1)
(a) The chief administrative officer of the department is an executive director appointed by the governor with the advice and consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the department and provide for coordination and cooperation among the boards, divisions, councils, and committees of the department;
(b) approve the budget of each board and division;
(c) participate in regulatory proceedings as appropriate for the functions and duties of the department;
(d) report at the end of each fiscal year to the governor on department, board, and division activities;
(e) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(f) perform other duties as provided by statute.
(3) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the executive director, may accept an executive or legislative provision that is enacted by the federal government, whereby the state may participate in the distribution, disbursement, or administration of a fund or service from the federal government for purposes consistent with the powers and duties of the department.
(4)
(a) The executive director, in cooperation with the governmental entities having policymaking authority regarding natural resources, may engage in studies and comprehensive planning for the development and conservation of the state's natural resources.
(b) The executive director shall submit any plan to the governor for review and approval.
(5) The executive director may coordinate and enter agreements with other state agencies regarding state conservation efforts as defined in Section 4-46-102.
(1) Members of a policy board within the department shall be appointed consistent with the following criteria:
(a) geographical distribution;
(b) expertise or personal experience with subject matter;
(c) diversity of opinion and political preference; and
(d) gender, cultural, and ethnic representation.
(2) The governor may remove a member at any time for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
(3) No member of the Legislature may serve as a member of a division policy board.
(4)
(a) In addition to the disclosures required by Section 67-16-7, a board member shall disclose any conflict of interest to the board.
(b) Notwithstanding Section 67-16-9, a board member with a substantial conflict may serve on the board if the member refrains from voting on a board action when the conflict involves:
(i) a direct financial interest in the subject under consideration; or
(ii) an entity or asset that could be substantially affected by the outcome of board action.
(1)
(a) The chief administrative officer of a division within the department is a director appointed by the executive director with the concurrence of the board having policy authority for the division.
(b) The director of a division may be removed from office by the executive director.
(c) Notwithstanding the provisions of this section, the appointment and term of office of:
(i) the state engineer shall be in accordance with Section 73-2-1;
(ii) the director of the Office of Energy Development shall be in accordance with Subsection 79-6-401(2); and
(iii) the advisor of the Public Lands Policy Coordinating Office created in Section 63L-11-201 shall be in accordance with Subsection 63L-11-201(2).
(2)
(a) The executive director has administrative jurisdiction over a division director for the purpose of implementing department policy as established by the division's board.
(b) The executive director may:
(i) consolidate personnel and service functions in the divisions to effectuate efficiency and economy in the operations of the department;
(ii) establish a departmental services division to perform service functions; and
(iii) employ law enforcement officers within the department that have all of the powers of a natural resources officer and law enforcement officer, with the exception of the power to serve civil process.
Except as provided by Sections 40-10-13, 63G-4-102, and 73-2-25, a division, board, council, or committee referred to in Subsection 79-2-201(2) shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative proceeding.
(1) The department shall prepare and submit to the governor, to be included in the budget to be submitted to the Legislature, a budget of the department's requirements for expenses in carrying out the provisions of law during the fiscal year next following the convening of the Legislature.
(2) The director of each division shall prepare, with the advice of the division's policy board, a budget of expenses for the next fiscal year, which shall be submitted to the executive director to aid in the preparation of the departmental budget.
(1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department.
(2) A fee described in Subsection (1) shall:
(a) be reasonable and fair; and
(b) reflect the cost of services provided.
(3) The department shall submit a fee established under this section to the Legislature as part of the department's annual appropriations request.
(4) The department may not charge or collect a fee established under this section without approval of the Legislature.
(1) The department and its divisions may use volunteer workers to supplement the salaried work force.
(2) A volunteer may be reimbursed for expenses actually and necessarily incurred, including transportation, meals, lodging, uniforms, and other items as approved by the Division of Finance, in the amounts and in accordance with the rules of the Division of Finance.
(3) A volunteer is considered an employee of the state for the purposes stated in Section 67-20-3.
(4) A volunteer may not donate a service to the department or a division unless the work program in which the volunteer would serve has first been approved, in writing, by the executive director and the director of the Division of Human Resource Management.
(5) Volunteer services shall comply with the rules adopted by the Division of Human Resource Management relating to the services that are not inconsistent with this section.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the department buys, sells, or exchanges real property, the department shall make rules to ensure that the value of the real property is congruent with the proposed price and other terms of the purchase, sale, or exchange.
(2) The rules:
(a) shall establish procedures for determining the value of the real property;
(b) may provide that an appraisal, as defined under Section 61-2g-102, demonstrates the real property's value; and
(c) may require that the appraisal be completed by a state-certified general appraiser, as defined under Section 61-2g-102.
(3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or to an interest in real property:
(a) that is under a contract or other written agreement before May 5, 2008; or
(b) with a value of less than $100,000, as estimated by the state agency.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project.
(b) "Change order" means the same as that term is defined in Section 63G-6a-103.
(c) "Employee" means, as defined in Section 34A-2-104, an "employee," "worker," or "operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which may not exceed the first day of the calendar month following 60 days after the day on which the individual is hired.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 31A-1-301; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group health plan to provide medical care for the employer's employees and dependents of the employees.
(e) "Qualified health coverage" means the same as that term is defined in Section 26B-3-909.
(f) "Subcontractor" means the same as that term is defined in Section 63A-5b-605.
(g) "Third party administrator" or "administrator" means the same as that term is defined in Section 31A-1-301.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by, or delegated to, the department or a division, board, or council of the department on or after July 1, 2009, if the prime contract is in an aggregate amount equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by, or delegated to, the department or a division, board, or council of the department on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.
(3) This section does not apply to contracts entered into by the department or a division, board, or council of the department if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract or agreement is between:
(i) the department or a division, board, or council of the department; and
(ii)
(A) another agency of the state;
(B) the federal government;
(C) another state;
(D) an interstate agency;
(E) a political subdivision of this state; or
(F) a political subdivision of another state; or
(c) the contract or agreement is:
(i) for the purpose of disbursing grants or loans authorized by statute;
(ii) a sole source contract; or
(iii) an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple contracts to circumvent the requirements of this section is guilty of an infraction.
(5)
(a) A contractor subject to the requirements of this section shall demonstrate to the department that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees and the employees' dependents during the duration of the contract by submitting to the department a written statement that:
(i) the contractor offers qualified health coverage that complies with Section 26B-3-909;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by a third party administrator; and
(iii) was created within one year before the day on which the statement is submitted.
(b)
(i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in Subsection (5)(a) in compliance with this section; and
(B) the department.
(c) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that is subject to the requirements of this section shall obtain and maintain an offer of qualified health coverage for the subcontractor's employees and the employees' dependents during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a written statement that:
(A) the subcontractor offers qualified health coverage that complies with Section 26B-3-909;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an underwriter who is responsible for developing the employer group's premium rates, or if the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator; and
(C) was created within one year before the day on which the contractor obtains the statement.
(d)
(i)
(A) A contractor that fails to maintain an offer of qualified health coverage described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).
(ii)
(A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 19-1-206;
(ii) a public transit district in accordance with Section 17B-2a-818.5;
(iii) the Division of Facilities Construction and Management in accordance with Section 63A-5b-607;
(iv) the State Capitol Preservation Board in accordance with Section 63O-2-403;
(v) the Department of Transportation in accordance with Section 72-6-107.5; and
(vi) the Legislature's General Oversight Committee created in Section 36-35-102; and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(c)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for an employee and a dependent of an employee of the contractor or subcontractor who was not offered qualified health coverage during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent benchmark, for the qualified health coverage identified in Subsection (1)(e), provided by the Department of Health and Human Services, in accordance with Subsection 26B-3-909(2).
(7)
(a)
(i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to the employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection (7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection (5)(a) or (5)(c)(ii); or
(B) the department determines that compliance with this section is not required under the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created in Section 63J-1-315.
(9) The failure of a contractor or subcontractor to provide qualified health coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under:
(i) Section 63G-6a-1602; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction.
(10) An administrator, including an administrator's actuary or underwriter, who provides a written statement under Subsection (5)(a) or (c) regarding the qualified health coverage of a contractor or subcontractor who provides a health benefit plan described in Subsection (1)(d)(ii):
(a) subject to Subsection (10)(b), is not liable for an error in the written statement, unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or subcontractor hold the administrator harmless for an action arising under this section.
(1) Before October 30, 2027, the department shall complete a study on the status of wetlands in counties of the first or second class, as described in Section 17-60-104.
(2) The study described in Subsection (1) shall include:
(a) a determination on how wetlands have changed or may change, including any reclassification or potential reclassification of wetlands based on changes to federal law;
(b) the impact or potential impact of wetland changes on outdoor recreation, including:
(i) the hunting of duck and other game birds; and
(ii) water quality in rivers and lakes adjacent to wetlands; and
(c) recommendations for legislative and administrative action.
(3) The department shall report to the Natural Resources, Agriculture, and Environment Interim Committee:
(a) before November 30, 2026, a progress report of the study findings and recommendations described in Subsection (2); and
(b) before October 30, 2027, a complete report of the study findings and recommendations described in Subsection (2).
(4) The department shall publish, on the department's website, the land use permits collected by the Utah Geological Survey in accordance with Subsection 79-3-202(1)(t).
(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.
As used in this part:
(1) "Compensatory mitigation" means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks.
(2) "Conservation plan" means the current version of the "Conservation Plan for Greater Sage-grouse in Utah" developed by the state and approved by the governor.
(3) "Permanently disturb" means an action that disrupts the common activities of sage grouse for a period of more than five years and includes all areas where the effects of the action could be expected to disrupt the common activities of sage grouse for a period of more than five years.
(4) "Person" means:
(a) an individual;
(b) a corporation;
(c) a limited liability company;
(d) a partnership;
(e) an association;
(f) a trust; or
(g) a voluntary organization.
(5) "Program" means the Sage Grouse Compensatory Mitigation Program created under Section 79-2-504.
(6) "Sage grouse" means the greater sage-grouse, or the species centrocercus urophasianus.
Nothing in this part requires a person, whether public or private, to participate in the program.
(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 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 rules under this chapter, the department shall create a plan by which the requirements of this chapter will be met.
(1) In administering the program created in Section 79-2-504, the department shall:
(a) create a system through which:
(i) a person may:
(A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and
(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;
(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;
(iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and
(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;
(b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);
(c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and
(d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.
(2) The state's total cost described under Subsection (1)(a)(iii) may include costs associated with the department's administration of the program.
As used in this part:
(1) "Administrative costs" means the costs of administering the initiative, including costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and office supplies.
(2) "Director" means the director of the initiative who is appointed under Section 79-2-602.
(3) "Division" means the Division of Wildlife Resources created in Section 23A-2-201.
(4) "Initiative" means the Watershed Restoration Initiative created in Section 79-2-602.
(5) "Restoration" means to assist the recovery of ecosystems and ecosystem services that have been mismanaged, degraded, or destroyed.
(6) "Utah Forest Restoration Institute" means the institute created in Section 53H-4-318.
(7) "Watershed" means the geographical surface area that drains water into a stream, river, or other body of water.
(1) There is created within the department the Watershed Restoration Initiative under the general supervision of the executive director.
(2) The policies and objectives of the initiative are to manage, restore, and improve watershed ecosystems throughout the state by focusing on improving:
(a) watershed health and biological diversity;
(b) water quality and yield; and
(c) opportunities for sustainable uses of natural resources.
(3) The initiative shall:
(a) submit a prioritized list of watershed restoration projects to the Utah Forest Restoration Institute in accordance with Section 53H-4-318; and
(b) coordinate the long-term monitoring of a watershed restoration project with the Utah Forest Restoration Institute, including:
(i) collecting data required by the Utah Forest Restoration Institute; and
(ii) providing research and learning opportunities for higher education students and faculty associated with the Utah Forest Restoration Institute.
(4) Consistent with this part, the initiative may integrate, coordinate, or partner with federal, state, local, private, and non-profit plans and programs to further the initiative's objectives.
(5) To achieve and implement the policies and objectives under Subsections (2) and (3), the initiative shall:
(a) develop and oversee a watershed restoration project proposal process to develop statewide watershed restoration priorities, including ranking criteria;
(b) maintain a website that includes:
(i) an events calendar;
(ii) tracking of watershed restoration projects;
(iii) a description of the watershed restoration project proposal process, including applicable ranking criteria; and
(iv) the name and contact information of each person with decision-making responsibilities related to ranking and selecting watershed restoration project proposals;
(c) organize and oversee a biennial statewide watershed restoration workshop;
(d) assign funding to watershed restoration projects, and manage and track project budgets;
(e) submit a request to the Utah Forest Restoration Institute for funding a partnership watershed restoration project;
(f) provide initiative partners with contract support, reporting, and tracking assistance regarding incoming and outgoing watershed restoration project funds;
(g) ensure that watershed restoration projects meet applicable cultural resource requirements;
(h) upon request and as appropriate, provide performance reporting and initiative information to the media, partners, and the executive and legislative branches of state government;
(i) prepare and provide training and technical support for watershed restoration project managers; and
(j) provide the executive director and the Utah Forest Restoration Institute with reports and recommendations regarding the initiative's performance and funding.
(1) The executive director shall appoint a director to administer the initiative.
(2) The director shall:
(a) be the executive and administrative head of the initiative; and
(b) have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the initiative's affairs.
(3) The director is appointed by the executive director.
(4)
(a) The department shall staff the initiative.
(b) With approval of the executive director and the division director, and under the direction of the director, division staff with relevant expertise or experience may assist the director with administering the initiative.
(1) The initiative shall prepare and submit an annual report on or before November 1 of each year to:
(a) the Utah Forest Restoration Institute;
(b) the Natural Resources, Agriculture, and Environment Interim Committee; and
(c) the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee.
(2) The annual report described in Subsection (1) shall include:
(a) by source, the initiative's total annual resources, including partner funds;
(b) the initiative's historical annual funding amounts from year to year;
(c) the amount of funds received from the Utah Forest Restoration Institute for partnership projects;
(d) the total amount of state funding used to leverage non-state partner resources;
(e) the total administrative costs related to the initiative, including the costs of each initiative partner that receives funds through the initiative; and
(f) performance metrics that demonstrate the initiative's impact and effectiveness.
(1) As used in this section, "fund" means the Watershed Restoration Expendable Special Revenue Fund created in Subsection (2).
(2) There is created an expendable special revenue fund known as the "Watershed Restoration Expendable Special Revenue Fund."
(3) The fund consists of:
(a) gifts, grants, donations, contributions, or any other conveyance of money that may be made to the fund from public or private sources; and
(b) interest and earnings on fund money.
(4) The state treasurer shall:
(a) invest money in the fund in accordance with the Title 51, Chapter 7, State Money Management Act; and
(b) deposit interest and earnings derived from investing fund money into the fund.
(5) The director may only use fund money for a watershed restoration project designated or approved by the donor.
As used in this part:
(1) "Division" means the Division of Law Enforcement.
(2) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(3)
(a) "Natural resources officer" means a full-time, permanent employee of the division who is POST certified as a peace officer.
(b) "Natural resources officer" includes a wildlife officer, as that term is defined in Section 23A-2-502.
(4) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications.
(1) There is created within the department a Division of Law Enforcement.
(2) Subject to the priorities defined by the director, the primary function of the division is to enforce:
(a) Title 23A, Wildlife Resources Act;
(b) Title 41, Chapter 22, Off-highway Vehicles;
(c) Title 65A, Forestry, Fire, and State Lands;
(d) Title 73, Chapter 18, State Boating Act;
(e) this title; and
(f) an administrative rule enacted by a board within one of the department's divisions or by one of the department's divisions.
(3) The division shall coordinate with county sheriffs, police, and other law enforcement officers within a law enforcement jurisdiction the division operates to enforce this part.
(4) This part does not limit or modify the powers and duties of other law enforcement officers in the state.
(1) The director is the executive and administrative head of the division, appointed in accordance with Section 79-2-204.
(2) The director shall demonstrate:
(a) experience as a sworn law enforcement officer; and
(b) law enforcement leadership ability.
(3) The director shall:
(a) enforce the policies and rules of the department's divisions; and
(b) perform the duties necessary to:
(i) coordinate, prioritize, and direct the law enforcement needs of the divisions within the department;
(ii) properly care for and maintain any property under the jurisdiction of the division; and
(iii) carry out the purposes of this part.
(4)
(a) The director may appoint an individual, on a temporary basis, as a special deputy.
(b) A special deputy may enforce this part and rules made under this part.
(5) The director may deputize an individual who is a peace officer to assist the division on a seasonal or temporary basis.
(1) An employee of the division who is a POST certified law enforcement officer:
(a) has all the powers of a law enforcement officer and natural resources officer in the state;
(b) may arrest and prosecute violators of any law of this state;
(c) has the same right as other peace officers to require aid in executing the peace officer's duties;
(d) may take wildlife in performance of official duties, in accordance with Section 23A-2-207;
(e) may protect property under the jurisdiction of the department or the department's divisions from misuse or damage;
(f) may preserve the peace on property under the jurisdiction of the department or the department's divisions;
(g) may serve criminal process; and
(h) may not serve civil process.
(2) The powers and duties conferred upon the director and members of the division are supplementary to and not a limitation on the powers and duties of other peace officers in the state.
(3) The division shall have the authority to initiate civil proceedings, in addition to criminal proceedings provided for in this part, to:
(a) recover damages;
(b) compel performance;
(c) compel substitution;
(d) restrain or enjoin;
(e) initiate any other appropriate action; and
(f) seek appropriate remedies in the division's capacity as the primary law enforcement authority for the department.
(1) The division, with the approval of the executive director, may enter into contracts and agreements as needed to:
(a) support law enforcement operations for the department;
(b) improve and maintain the property under the jurisdiction of the division; and
(c) secure labor, quarters, materials, services, or facilities for the division according to procedures established by the Division of Finance.
(2) All departments, agencies, officers, and employees of the state shall give to the division the consultation and assistance that the division may reasonably request.
(1) There is created within the General Fund a restricted account known as the "Aquatic Invasive Species Interdiction Account."
(2) The Aquatic Invasive Species Interdiction Account shall consist of:
(a) nonresident aquatic invasive species fees collected under Subsection 23A-10-304(2);
(b) resident aquatic invasive species fees collected under Subsection 23A-10-304(1); and
(c) other amounts deposited in the Aquatic Invasive Species Interdiction Account from donations, appropriations, contractual agreements, and accrued interest.
(3) Upon appropriation, the division shall use the aquatic invasive species fees collected under Subsections 23A-10-304(1) and (2) and deposited in the Aquatic Invasive Species Account to fund aquatic invasive species prevention and containment efforts.
As used in this chapter:
(1) "Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state.
(2) "Board" means the Board of the Utah Geological Survey.
(3) "Collection" means a specimen and the associated records documenting the specimen and its recovery.
(4) "Critical paleontological resources" means vertebrate fossils and other exceptional fossils that are designated state paleontological landmarks as provided for in Section 79-3-505.
(5) "Curation" means:
(a) management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions; and
(b) providing access to and facilities for studying collections.
(6) "Curation facility" is as defined in Section 53H-4-211.
(7) "Director" means the director of the survey.
(8) "Excavate" means the recovery of critical paleontological resources.
(9) "Museum" means the Utah Museum of Natural History.
(10) "Paleontological resources" means remains of prehistoric life pertaining to the natural history of the state.
(11) "Repository" is defined as provided in Section 53H-4-211.
(12) "School and institutional land grants" means the transfer of properties pursuant to Sections 6 and 8 of the Utah Enabling Act and Utah Constitution, Article XX.
(13) "School and institutional trust lands" are those properties defined in Section 53C-1-103.
(14) "Site" means any paleontological deposit or other location that is the source of a specimen.
(15) "Specimen" means remains of a critical paleontological nature found on or below the surface of the earth.
(16) "State Paleontological Register" means a register of paleontological sites and localities.
(17) "Survey" means the Utah Geological Survey.
The survey is established within the department under:
(1) the administration and general supervision of the executive director; and
(2) the policy direction of the board.
(1) The survey shall:
(a) assist and advise state and local agencies, institutions of higher education as defined in Section 53H-1-101, and private postsecondary educational institutions as defined in Section 53H-1-101 on geologic, paleontologic, and mineralogic subjects;
(b) collect and distribute reliable information regarding the mineral industry and mineral resources, topography, paleontology, and geology of the state;
(c) survey the geology of the state, including mineral occurrences and the ores of metals, energy resources, industrial minerals and rocks, mineral-bearing waters, and surface and ground water resources, with special reference to economic contents, values, uses, kind, and availability to facilitate economic use;
(d) investigate the kind, amount, and availability of mineral substances contained in lands owned and controlled by the state, to contribute to the most effective and beneficial administration of the lands for the state;
(e) determine and investigate areas of geologic and topographic hazards that could affect the safety of, or cause economic loss to, the citizens of the state;
(f) assist local and state agencies in planning, zoning, and building regulation functions by publishing maps, delineating appropriately wide special earthquake risk areas, and, at the request of state agencies or other governmental agencies, review the siting of critical facilities;
(g) cooperate with state agencies, political subdivisions of the state, quasi-governmental agencies, federal agencies, schools of higher education, and others in fields of mutual concern, which may include field investigations and preparation, publication, and distribution of reports and maps;
(h) collect and preserve data pertaining to mineral resource exploration and development programs and construction activities, such as claim maps, location of drill holes, location of surface and underground workings, geologic plans and sections, drill logs, and assay and sample maps, including the maintenance of a sample library of cores and cuttings;
(i) assist as requested by a state or local agency to measure, analyze, and report on the quantity, quality, and seasonal and long-term viability of a groundwater and surface water resource in the state;
(j) provide data that supports scientific understanding, resource planning, and resource development related to groundwater and surface water;
(k) assess the function, distribution, and ecological characteristic of a wetland to regional hydrology, historic change, and resource capacity to enhance resource management or a planning effort;
(l) study and analyze other scientific, economic, or aesthetic problems as, in the judgment of the board, should be undertaken by the survey to serve the needs of the state and to support the development of natural resources and use of lands within the state;
(m) prepare, publish, distribute, and sell maps, reports, and bulletins, embodying the work accomplished by the survey, directly or in collaboration with others, and collect and prepare exhibits of the geological and mineral resources of this state and interpret the geological and mineral resources' significance;
(n) collect, maintain, and preserve data and information to accomplish the purposes of this section and act as a repository for information concerning the geology of this state;
(o) stimulate research, study, and activities in the field of paleontology;
(p) mark, protect, and preserve critical paleontological sites;
(q) collect, preserve, and administer critical paleontological specimens until the specimens are placed in a repository or curation facility;
(r) administer critical paleontological site excavation records;
(s) edit and publish critical paleontological records and reports; and
(t) collect the land use permits described in Sections 10-20-611 and 17-79-608.
(2)
(a) The survey may maintain as confidential, and not as a public record, information provided to the survey by any source.
(b) The board shall adopt rules to determine whether to accept the information described in Subsection (2)(a) and to maintain the confidentiality of the accepted information.
(c) The survey shall maintain information received from any source at the level of confidentiality assigned to the information by the source.
(3) Upon approval of the board, the survey shall undertake other activities consistent with Subsection (1).
(4)
(a) Subject to the authority granted to the department, the survey may enter into cooperative agreements with the entities specified in Subsection (1)(g), if approved by the board, and may accept or commit allocated or budgeted money in connection with the agreements.
(b) The survey may undertake joint projects with private entities if:
(i) the action is approved by the board;
(ii) the projects are not inconsistent with the state's objectives; and
(iii) the results of the projects are available to the public.
(1) The director is:
(a) the executive and administrative head of the survey; and
(b) designated the state geologist.
(2) The director's qualifications shall include:
(a) graduation from a recognized university; and
(b) demonstrated competency in:
(i) the science of geology; and
(ii) administration.
(3)
(a) The director administers the survey for the benefit of the public.
(b) A person may not call upon or require the director or his associates to enter upon any special survey for the benefit of that person.
(4) The director, subject to review by the board and approval by the executive director of the department, may initiate cooperative agreements with private companies or parties or state or federal agencies to carry out the provisions of this chapter.
(1) The director, after consultation with the board and approval by the executive director, shall select, employ, or contract for qualified individuals and services required to carry out the provisions of this chapter within the authorized programs and within the allocated and budgeted funds.
(2)
(a) Persons retained on a contract basis act in the capacity of independent contractors and are not subject to the Utah State Personnel Management Act.
(b) Each contract written for the services described in Subsection (1) shall include the information in this Subsection (2).
(3)
(a) An employee of the survey may not:
(i) have an interest in lands within the state that creates a conflict of interest harmful to the goals and objectives of the survey; or
(ii) obtain financial gain by reason of information obtained through work as an employee of the survey.
(b) The board shall resolve questions regarding potential conflicts and financial gain.
(c) For permanent employees, the restriction in Subsection (3)(a) is terminated at the end of a two-year period following termination of service or, with respect to information which is confidential and not a public record, for however long the information is classified as confidential and not a public record, whichever period of time is longer.
(d) The time periods established in Subsection (3)(c), which can be modified only after publication of the data, apply to contractors or consultants employed on special problems.
(4)
(a) A survey employee may not engage in outside or private work which is or can be in conflict with the operations, goals, and objectives of the survey.
(b) The board shall resolve issues regarding outside or private work by a survey employee.
(5) Survey personnel are paid in accordance with state salary schedules and are subject to state benefit and retirement programs.
(1) Authorized survey personnel, after providing reasonable notification and identification, have the right to enter all lands subject to the police power of the state for the purpose of securing geologic, topographic, and mineral and water resource information or specimens and samples required by the survey in fulfillment of its objectives.
(2) Survey personnel are immune from trespass while engaged on official business.
(1) There is created within the department the Board of the Utah Geological Survey.
(2) The board is the policymaking body for the survey.
(1) The board consists of eight members appointed by the governor, with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) In addition to the requirements of Section 79-2-203, the members shall have the following qualifications:
(a) one member knowledgeable in the field of geology as applied to the practice of engineering geology;
(b) four members knowledgeable and representative of various segments of the mineral industry or energy industry throughout the state, such as hydrocarbons, geothermal, solid fuels, metals, and industrial minerals;
(c) one member knowledgeable about the economic and scientific focus of areas over which the survey has duties or powers under Section 79-3-202;
(d) one member knowledgeable about groundwater or water resources; and
(e) one member:
(i) interested in the goals of the survey; and
(ii) from the public at large.
(3) The director of the School and Institutional Trust Lands Administration is an ex officio member of the board but without voting privileges.
(4)
(a) Except as required by Subsection (4)(b), the governor shall appoint a member to a term of four years.
(b) Notwithstanding Subsection (4)(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 approximately half of the board is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with the advice and consent of the Senate.
(5) The board shall select from the board's members a chair and such officers and committees as the board considers necessary.
(6)
(a) The board shall hold meetings at least quarterly on dates set by the board's chair.
(b) Special meetings may be held upon notice of the chair or by a majority of the board's members.
(c) A majority of the members of the board present at a meeting constitutes a quorum for the transaction of business.
(7)
(a) A member of the board may not obtain financial gain by reason of information obtained during the course of the member's official duties.
(b) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(8) 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.
The board has the following responsibilities:
(1) establish and review policies, programs, and priorities;
(2) review and recommend budgets;
(3) assess the needs of the community with regard to development and use of geologic resources;
(4) keep the director advised concerning survey policies; and
(5) enact rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to carry out the purposes of this chapter.
(1) Income to the survey is deposited with the state treasurer and credited by the treasurer to the General Fund as dedicated credits for use by the survey.
(2) In addition to those funds that are available to the survey under Subsection (1), the Legislature shall provide such funds by appropriation as are reasonably necessary to meet the requirements of the survey in the performance of its duties and obligations.
(1) There is created an expendable special revenue fund known as the "Utah Geological Survey Sample Library Fund."
(2) The fund consists of money from the following revenue sources:
(a) donations or contributions from individuals, companies, organizations, or government entities; and
(b) interest generated by the fund.
(3) The director shall administer the fund.
(4)
(a) Donations and other contributions to the fund and unallocated interest as provided in Subsection (5)(c) shall constitute the fund's principal.
(b) The principal may be expended only with the concurrence of the board.
(5)
(a) Interest generated by the fund may be expended to support the sample library as provided in Subsections (5)(b) and (c).
(b) An amount of money equal to or less than the interest generated by the fund in the previous fiscal year may be expended annually in support of the sample library.
(c) Funds that are eligible to be spent, but remain unallocated at the end of any fiscal year, revert to the fund and become part of the fund's principle.
(1) As used in this section:
(a) "Account" means the Utah Geological Survey Restricted Account created by this section.
(b) "Survey" means the Utah Geological Survey.
(2)
(a) There is created a restricted account within the General Fund known as the "Utah Geological Survey Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 51-9-306;
(ii) deposits to the account made under Section 59-21-2;
(iii) appropriations of the Legislature; and
(iv) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3)
(a) Upon appropriation by the Legislature, the survey shall use money from the account to pay costs of:
(i) programs or projects administered by the survey that are primarily related to oil, gas, and mining; and
(ii) activities carried on by the survey having as a purpose the development and exploitation of natural resources in the state.
(b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a)(i):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
(1)
(a) Before excavating for critical paleontological resources on lands owned or controlled by the state or its subdivisions, except as provided in Section 79-3-502, a person must obtain a permit from the survey.
(b) Application for a permit shall be made on a form furnished by the survey.
(c) The survey shall make rules for the issuance of permits specifying or requiring:
(i) the minimum permittee qualifications;
(ii) the duration of the permit;
(iii) proof of permission from the land owner that the permittee may enter the property for purposes specified in the permit;
(iv) research designs that provide for the maximum recovery of scientific, paleontological, and educational information, in addition to the physical recovery of specimens and the reporting of paleontological information meeting current standards of scientific rigor;
(v) the need, if any, to submit data obtained in the course of field investigations to the survey;
(vi) proof of consultation with the designated museum representative regarding curation of collections;
(vii) proof of consultation with other agencies that may manage other legal interests in the land; and
(viii) other information the survey considers necessary.
(2) All paleontological work shall be carried out under the supervision of the director, or assigned staff.
(3) A person may not remove from the state, prior to placement in a repository or curation facility, a specimen, site, or portion of a specimen or site from lands owned or controlled by the state or its subdivisions, except as provided in Section 79-3-502, without permission from the survey, and without prior consultation with the landowner or other agencies managing other interests in the land.
(1)
(a) Before excavating for critical paleontological resources on school or institutional trust lands, a person must obtain a permit from the School and Institutional Trust Lands Administration.
(b) The School and Institutional Trust Lands Administration may, by rule, delegate the authority to issue excavation permits for critical paleontological resources to the survey.
(c) Application for a permit shall be made on a form furnished by the School and Institutional Trust Lands Administration.
(d) Prior to issuing a permit, the school and institutional trust lands administration shall consult with the survey director, or assigned staff, pursuant to Section 79-3-508.
(e) The School and Institutional Trust Lands Administration shall enact rules for the issuance of permits specifying or requiring:
(i) the minimum permittee qualifications;
(ii) the duration of the permit;
(iii) the need, if any, to submit data obtained in the course of field investigations to the administration;
(iv) proof of consultation with the designated museum representative regarding curation of collections; and
(v) other information the School and Institutional Trust Lands Administration considers necessary.
(2) A person may not remove from the state, prior to placement in a repository or curation facility, a specimen, site, or portion of a specimen or site from school and institutional trust lands without permission from the School and Institutional Trust Lands Administration, granted after consultation with the survey.
(1) Collections recovered from lands owned or controlled by the state or its subdivisions, except as provided in Subsection (2), shall be owned by the state.
(2) Collections recovered from school and institutional trust lands shall be owned by the respective trust.
(3) Paleontological resources, other than critical paleontological resources, recovered from school and institutional trust lands, shall be owned by the respective trust and shall be managed pursuant to statutory authority of the School and Institutional Trust Lands Administration.
(4) The repository or curation facility for collections from lands owned or controlled by the state or its subdivisions shall be designated pursuant to Section 53H-4-211.
(5) Specimens found on lands owned or controlled by the state or its subdivisions may not be sold.
(1) A permitting agency under Section 79-3-501 or 79-3-502 may revoke or suspend a permit if the permittee fails to conduct the excavation pursuant to the law, the rules enacted by the permitting agency, or permit provisions.
(2)
(a) A person violating any provision of Section 79-3-501 or 79-3-502 is guilty of a class B misdemeanor.
(b) A person convicted of violating any provision of Section 79-3-501 or 79-3-502, or the rules promulgated by the survey or the School and Institutional Trust Lands Administration under those sections, shall forfeit to the state or the respective trust all paleontological resources discovered by or through the person's efforts, in addition to any penalties imposed.
(1)
(a) A site of significance or a site with exceptional fossils may be designated as a state paleontological landmark by:
(i) recommendation to and approval of the board; or
(ii) approval of the Legislature and the governor through concurrent resolution.
(b)
(i) The director shall notify the board if a concurrent resolution described in Subsection (1)(a)(ii) is introduced by the Legislature.
(ii) If the board receives a recommendation described in Subsection (1)(a)(i) or notice described in Subsection (1)(b)(i), the survey may prepare a report on the impacts of the proposed state paleontological landmark and submit the report to the Legislature and the governor.
(c) No privately owned site, a site on school or institutional trust lands, or a site on lands owned or controlled by a city that has a paleontology museum may be so designated without the written consent of the owner or the trust.
(d) The ownership or control of a site or the site's fossils does not change upon designation as a state paleontological landmark.
(2) A person may not excavate on a privately owned state paleontological landmark without a permit from the survey unless the landmark is located in a city with a paleontological museum that employs a paleontologist.
(3) Before an alteration is commenced on a state paleontological landmark, three months notice of intent to alter the site shall be given the survey.
(1) A person who discovers any paleontological resources on privately owned lands or on lands owned or controlled by the state or its subdivisions shall promptly report the discovery to the survey.
(2) Field investigations shall be discouraged except in accordance with this chapter.
(3) Nothing in this section may be construed to authorize a person to excavate for paleontological resources.
(1) The survey shall establish a state paleontological register for the orderly identification and recognition of the state's paleontological resources.
(2) The board shall notify owners of sites and localities before placing those sites or localities on the State Paleontological Register.
(1) Before expending state funds or approving an undertaking, each state agency shall:
(a) take into account the effect of the undertaking on a specimen that is included in or eligible for inclusion in the State Paleontological Register; and
(b) allow the director or assigned staff a reasonable opportunity to comment regarding the undertaking or expenditure.
(2) The director or assigned staff shall advise on ways to maximize the amount of scientific, paleontological, and educational information recovered, in addition to the physical recovery of specimens and the reporting of paleontological information, at current standards of scientific rigor.
(1) The survey shall develop a curriculum and materials for the training of volunteers who assist paleontologists in the field and laboratory.
(2) The director shall appoint a qualified survey employee to develop the curriculum and materials under this section.
(3) The survey may request input and assistance from any interested organization in developing the curriculum and materials.
(4) The survey may collect fees to cover the costs of the materials and updating of the curriculum.
(1) The School and Institutional Trust Lands Administration shall develop policies and procedures for the excavation, preservation, placement in a repository, curation, and exhibition of critical paleontological resources from school and institutional trust lands that:
(a) are consistent with the provisions of the school and institutional land grants; and
(b) insure that primary consideration is given, on a site or project specific basis, for the support of the beneficiaries of the school and institutional land grants.
(2) Consistent with the provisions of the school and institutional land grants, the School and Institutional Trust Lands Administration may:
(a) preserve and develop sites found on school and institutional trust lands for scientific or educational purposes; and
(b) provide for the disposition of sites found on school and institutional trust lands, after the appropriate level of data recovery, for preservation, development, or economic purposes.
As used in this chapter:
(1) "Division" means the Division of State Parks.
(2) "Facility" means the same as that term is defined in Section 51-9-901.
(3) "Outdoor recreation infrastructure" means the same as that term is defined in Section 51-9-901.
(1) There is created within the department the Division of State Parks.
(2) The division is under the administration and general supervision of the executive director.
(3) The division is the state parks authority for the state.
(1) The director is the executive and administrative head of the division.
(2) The director shall demonstrate:
(a) executive ability; and
(b) actual experience and training in the conduct of park systems involving both physical development and program.
(3) The director shall:
(a) enforce the policies and rules of the division;
(b) perform the duties necessary to:
(i) properly care for and maintain any property under the jurisdiction of the division; and
(ii) carry out this chapter; and
(c) implement the comprehensive plan for long-term public use of state park resources developed by the division under Subsection 79-4-203(12).
(4) The director shall acquire, plan, protect, develop, operate, use, and maintain park area and facilities in accordance with the policies and rules of the division.
(1) As used in this section, "real property" includes land under water, upland, and all other property commonly or legally defined as real property.
(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law within state parks and on property controlled by the Division of State Parks with reference to fish and game.
(3) The division shall permit multiple use of state parks and property controlled by the division for purposes such as grazing, fishing, hunting, camping, mining, and the development and utilization of water and other natural resources.
(4)
(a) The division may acquire real and personal property in the name of the state by all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.
(b) In acquiring any real or personal property, the credit of the state may not be pledged without the consent of the Legislature.
(5)
(a) Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division's intention to acquire the property.
(b) If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor.
(7) The division shall acquire property by eminent domain in accordance with Title 78B, Chapter 6, Part 5, Eminent Domain.
(8)
(a) The division may make charges for special services and use of a facility or outdoor recreation infrastructure, the revenue from which is available for park purposes.
(b) The division may conduct and operate services necessary for the comfort and convenience of the public.
(9) The division may set reasonable charges to lease or rent concessions in a state park or on property owned by the division.
(10) The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects.
(11) The division shall, to the extent possible, implement the requirements of this chapter from revenue the division collects from:
(a) charges for special services, use of a park facility, and use of an outdoor recreation infrastructure; and
(b) service or regulatory fees.
(12)
(a) The division shall develop a comprehensive plan for the long-term public use of state parks and state park resources related to the:
(i) acquisition of land and resources;
(ii) protection of state parks and the public;
(iii) operation of state parks;
(iv) maintenance of state parks and division resources; and
(v) development of state parks and division resources.
(b) In developing a comprehensive plan under Subsection (12)(a), the division shall consider:
(i) recreational utility;
(ii) the public benefit in the historical, archaeological, and scientific resources in state parks; and
(iii) the health and wholesome enjoyment of the public.
(1) The division, with the approval of the executive director and the governor, may enter into contracts and agreements with the United States, a United States agency, any other department or agency of the state, semipublic organizations, and with private individuals to:
(a) improve and maintain state parks and the areas administered by the division; and
(b) secure labor, quarters, materials, services, or facilities according to procedures established by the Division of Finance.
(2) All departments, agencies, officers, and employees of the state shall give to the division the consultation and assistance that the division may reasonably request.
The division has jurisdiction over and responsibility for service roads, parking areas, campground loops, and related facilities within state parks.
The division may provide administrative support to a nonprofit corporation or foundation that assists the division in attaining the objectives outlined in the strategic or operational plan.
(1) The division may make rules to:
(a) govern the use of the state park system, including to:
(i) determine when to close or partially close a state park; and
(ii) establish use or access restrictions within a state park; and
(b) protect a natural or cultural resource in a state park from misuse or damage.
(2) The division shall make rules to:
(a) govern the collection of charges under Subsection 79-4-203(8); and
(b) implement a program for veteran access to state parks as described in Section 79-4-1002.
(3) The division may not make rules that prevent the transfer of livestock along a livestock highway established under Section 72-3-112.
(4) The division shall makes rules under this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(1) There is created within the General Fund a restricted account known as the State Parks Restricted Account.
(2)
(a) Except as provided in Subsection (2)(b), the account consists of revenue from:
(i) charges allowed under Section 79-4-203;
(ii) proceeds from the sale or disposal of bison under Subsection 79-4-1001(2)(b);
(iii) civil damages collected under Section 76-6-206.2; and
(iv) interest on money deposited in the account as follows:
(A) 25% of total interest beginning on July 1, 2025, through June 30, 2026;
(B) 50% of total interest beginning on July 1, 2026, through June 30, 2027;
(C) 75% of total interest beginning on July 1, 2027, through June 30, 2028; and
(D) 100% of total interest beginning on July 1, 2028, and each year thereafter.
(b) The account may not include revenue the division receives under Section 79-4-403 and Subsection 79-4-1001(2)(a).
(3) The division shall use funds in this account for the purposes described in Section 79-4-203.
(1) The following charges are assessed in the following parks for playing nine holes of golf:
(a) 30% of the revenue at Wasatch Mountain State Park;
(b) 30% of the revenue at Palisade State Park; and
(c) 30% of the revenue at Green River State Park.
(2) A charge in Subsection (1) is:
(a) in addition to a charge set by the division; and
(b) to be used at the park where the money is collected for:
(i) the upgrade or development of facilities; or
(ii) the purchase of golf course operation and maintenance equipment and operating supplies or materials.
(1) The division shall administer and supervise the following historical monuments:
(a) "This is the Place Monument" site;
(b) Camp Floyd; and
(c) the old statehouse at Fillmore.
(2) The division may make expenditures for maintenance and administration from funds:
(a) made available by appropriation; or
(b) that are available to the division.
(1) The Mountain Meadow Massacre site and monument is included within the state park system.
(2) The division may:
(a) enter into an agreement with the United States Forest Service for the use of land at the site as a state park; and
(b) receive donations of land or facilities at the site for inclusion within the state park.
The division shall accept on behalf of the state the Gronway Parry collection of horse-drawn vehicles, horses, harnesses, figures, costumes, and horse-drawn machinery of the pioneer era, the Melling log cabin, the Osborne blacksmith collection, and a metal exhibit building, all being gifts to the state from the Iron Mission Park Nonprofit Corporation.
The division may:
(1) acquire, construct, maintain, and operate any land areas, objects, or structures as necessary to preserve, protect, display, and enhance:
(a) the gifts described in Section 79-4-603; and
(b) other historical objects or collections donated, loaned, or otherwise acquired that appropriately contribute to the pioneer heritage of Utah; and
(2) acquire, directly or through others, by purchase, contract, lease, permit, donations, or otherwise, all real or personal property, rights-of-way, approach roads, parking and other areas, structures, facilities and services that the division may consider necessary or desirable to accomplish Subsection (1).
(1) As used in this section, "Hole in the Rock area" means the area of land beginning at Escalante, Garfield County to the western rim of Glen Canyon National Recreation Area, extending eastward to Bluff Fort in San Juan County, following the trail used by Mormon pioneers to reach the southeastern area of Utah.
(2) The division may:
(a) enter into an agreement to acquire the Hole in the Rock area, or part of the area, as a state park with the United States Bureau of Land Management and the United States National Park Service; and
(b) receive donations of land or facilities at the Hole in the Rock area for inclusion within the state park.
(3) In entering the agreement described in Subsection (2)(a), the division may:
(a) pursue a land transfer agreement with the United States Bureau of Land Management and the United States National Park Service;
(b) if a land transfer agreement is not possible, seek to purchase or lease the land from the United States Bureau of Land Management and the United States National Park Service through the Recreation and Public Purposes Act, 43 U.S.C. Sec. 869 et seq.; and
(c) finalize an agreement to receive land by transfer, purchase, or lease, as described in Subsections (3)(a) and (b), if:
(i) the resulting state park, including the cost of law enforcement, would be financially self-sustaining;
(ii) all current grazing allotments shall be maintained; and
(iii) the Legislative Management Committee and the Natural Resources, Agriculture, and Environment Interim Committee approve the plan to expand the state park system by including the Hole in the Rock area.
(4) In pursuing state park status for the Hole in the Rock area, the division shall consult with affected counties, the Hole in the Rock Foundation, and other parties as appropriate.
(5) If the division successfully enters into the agreement described in Subsection (2)(a), the division shall negotiate in good faith with the School and Institutional Trust Lands Administration to attempt to:
(a) purchase parcels of school and institutional trust land located within the boundaries of the Hole in the Rock area; or
(b) exchange parcels of school and institutional trust land located within the boundaries of the Hole in the Rock area for other parcels of state land or other lands administered by the United States government.
(6) The Hole in the Rock area shall be included within the state park system upon the division entering into the agreement described in Subsection (2)(a).
(7) Upon its inclusion in the state park system, the state shall be responsible for the cost of law enforcement within the Hole in the Rock area.
(1) As used in this section, "Little Sahara Recreation Area" means the area of land in the Sevier Desert, approximately 55,905 acres, fully described by the map and legal description on file with the division.
(2) The division may:
(a) enter into an agreement for the use of the Little Sahara Recreation Area as a state park with the United States Bureau of Land Management; and
(b) receive donations of land or facilities at the Little Sahara Recreation Area for inclusion within the state park.
(3) In entering the agreement described in Subsection (2)(a), the division may:
(a) pursue a land transfer agreement with the United States Bureau of Land Management;
(b) if a land transfer agreement is not possible, seek to purchase or lease the land from the United States Bureau of Land Management through the Recreation and Public Purposes Act, 43 U.S.C. Sec. 869 et seq.; and
(c) finalize an agreement to receive land by transfer, purchase, or lease, as described in Subsections (3)(a) and (b), if:
(i) the resulting state park, including the cost of law enforcement, would be financially self-sustaining;
(ii) all current grazing allotments would be maintained in their existing form; and
(iii) the Legislative Management Committee and the Natural Resources, Agriculture, and Environment Interim Committee approve the plan to expand the state park system by including the Little Sahara Recreation Area.
(4) If the division successfully enters into the agreement described in Subsection (2)(a), the division shall negotiate in good faith with the School and Institutional Trust Lands Administration to attempt to:
(a) purchase parcels of school and institutional trust land located within the boundaries of the Little Sahara Recreation Area; or
(b) exchange parcels of school and institutional trust land located within the boundaries of the Little Sahara Recreation Area for other parcels of state land or other lands administered by the United States government.
(5) The Little Sahara Recreation Area shall be included within the state park system upon the division entering into the agreement described in Subsection (2)(a).
(6)
(a) Upon the division entering into the agreement described in Subsection (2)(a), the division shall rename the approximately 9,000-acre area known as the Rockwell Outstanding Natural Area to the "Bill Orton State Wilderness Area," with the ranch within the area being named the "Porter Rockwell Ranch."
(b) The director shall recommend the Bill Orton State Wilderness Area to the governor for designation as a protected wilderness area, as described in Section 63L-7-105.
(7) Upon the Little Sahara Recreation Area's inclusion in the state park system, the state shall be responsible for the cost of law enforcement within the Little Sahara Recreation Area.
(1) As used in this section, "Dalton Wells" means the land located in the area known as Dalton Wells and fully described by the map and legal description on file with the division.
(2) The division may:
(a) receive donations of land or facilities in the Dalton Wells area for the creation of, and inclusion within, Utahraptor State Park;
(b) engage in land transfers for land in the Dalton Wells area for inclusion in Utahraptor State Park; or
(c) purchase land or facilities in the Dalton Wells area for inclusion in Utahraptor State Park.
(3) Utahraptor State Park shall be included within the state park system.
(4) The division may not open Utahraptor State Park to the public for use as a state park until the division has received sufficient funding from the Division of Facilities Construction and Management or from the General Fund to provide for capital improvements and any necessary land acquisitions.
(5) Land acquisitions and capital investments will be made at the park in a way that allows Utahraptor State Park to remain financially self-sustaining.
(6) Ongoing operations at Utahraptor State Park shall be funded through the Division of Parks and Recreation's restricted fees account.
(1) As used in this section, the "Lost Creek area" means the Lost Creek Reservoir and certain land around the reservoir, fully described by the map and legal description on file with the division.
(2) The division may enter into an agreement with the United States Bureau of Reclamation to manage recreational operations at Lost Creek Reservoir and to use the Lost Creek area as a state park.
(3) Upon the division entering into an agreement described in Subsection (2), the Lost Creek area shall be included within the state park system as Lost Creek State Park.
(4) Hunting wildlife in Lost Creek State Park is limited to waterfowl only.
(1) As used in this section, "gooseberry narrows" means the land on Gooseberry Creek between the Lower Gooseberry Dam and Fairview Lakes described by the map and legal description on file with the division.
(2) The division shall study the feasibility of creating Gooseberry Narrows State Park, including:
(a) any necessary requirement for the development or construction of a dam and reservoir in the gooseberry narrows; and
(b) the expected cost to the state of:
(i) transferring, exchanging, or purchasing all federally managed lands in the gooseberry narrows;
(ii) constructing and developing infrastructure needed for a state park in the gooseberry narrows; and
(iii) constructing and developing a dam and reservoir in the gooseberry narrows.
(3) Before November 30, 2026, the division shall report the results of the study described in Subsection (2) to the Natural Resources, Agriculture, and Environment Interim Committee.
As used in this part:
(1) "Board of trustees" means the board of trustees of This is the Place Foundation.
(2) "Foundation" means This is the Place Foundation, a private nonprofit corporation formed pursuant to Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(3) "Member" means a member of the board of trustees.
(4) "Monument" means This is the Place Monument at This is the Place State Park.
(5) "Park" means This is the Place State Park, property owned by the state located at 2601 East Sunnyside Avenue, Salt Lake City.
(1) In recognition of the need for private funds to continue the expansion and improvement of Old Deseret Village, a living history museum at the park, and the preference of donors to contribute to nonprofit organizations rather than government entities, the division may make an agreement with the foundation to manage, develop, and promote the park.
(2) The division may pay a management fee to the foundation.
(3) The division may not require the foundation to remit to the division any portion of the income generated from park operations.
Any agreement made pursuant to Section 79-4-702 shall include the following terms:
(1) The foundation shall transfer to the state:
(a) title to any real property acquired by the foundation, upon completion of payment, if any, for the property by the foundation; and
(b) ownership of any artifacts or collections acquired by the foundation.
(2) No fee may be charged to visit the monument.
(3)
(a) Except as provided in Subsections (3)(b) and (3)(c), a member may not receive compensation or financial benefit, directly or indirectly, as a result of the member's service on the board of trustees.
(b) A member may receive per diem and expenses incurred in the performance of the member's duties at the rates established by the board of trustees.
(c) A member may deal or contract with the foundation, provided that:
(i) no person or entity is paid any fee, salary, rent, or other payment of any kind in excess of the fair market value for the service rendered, goods furnished, or facilities or equipment rented; and
(ii) at a meeting of the board of trustees or subcommittee of the board of trustees having authority to authorize or confirm the contract or transaction:
(A) a quorum of the board of trustees or subcommittee is present;
(B) the interest of the member is disclosed;
(C) a majority of the quorum votes to approve the contract or transaction; and
(D) in determining a majority under Subsection (3)(c)(ii)(C), the vote of any member having an interest in the contract or transaction is not counted.
(4) The foundation shall obtain an annual audit prepared:
(a) by an independent public accounting firm; and
(b) in accordance with generally accepted accounting standards.
The division may use the waters from the Wagner Spring located on the park for any purposes connected with the upkeep and maintenance of the park, including the monument.
The division may enter into agreements with public utility companies for the granting and maintenance of easements or rights-of-way across the park.
All properties, rights, interests, powers, functions, duties, and obligations of the Provo-Jordan River Parkway Authority are transferred to the division.
(1) The division may acquire, construct, maintain, and operate any land areas, objects, or structures as necessary to preserve, protect, display, and enhance any gifts and other historical objects or collections donated, loaned, or otherwise acquired that appropriately contribute to the pioneer heritage of Utah.
(2) To accomplish Subsection (1), the division may directly or through others, by purchase, contract, lease, permit, donation, or otherwise, secure all real or personal property, rights-of-way, approach roads, parking and other areas, structures, facilities, and services that the division may consider necessary or desirable to contribute to the pioneer heritage of Utah.
(1) In accordance with a plan approved by the division to manage bison herds on Antelope Island, the division may purchase, trade, sell, or dispose of bison obtained from Antelope Island through:
(a) competitive bidding; or
(b) a means as established by rule.
(2) Proceeds received from the sale or disposal of bison under this section shall be deposited as follows:
(a) the first $75,000 shall accrue to the division for the management of Antelope Island bison herds as dedicated credits; and
(b) proceeds in excess of $75,000 shall be deposited into the State Parks Restricted Account created in Section 79-4-402.
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to grant free admission to state parks to an honorably discharged veteran who:
(1) is a resident of the state; and
(2) has a current service-connected disability rating issued by the United States Veterans Benefits Administration.
As used in this part:
(1) "Application" means a written application that an individual, non-profit corporation, government agency, county council or commission, tribal entity, historical society, preservation organization, or other interested group may submit to the division to nominate a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archaeological resource for designation as a state monument.
(2) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing Committee.
(3) "State monument" means public land:
(a) owned or managed by the state;
(b) designated by the state for preservation of a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archeological resource; and
(c) confined to the smallest area compatible with proper care and management of the historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archeological resource to be protected.
(1)
(a) When the division receives a completed application, the division shall:
(i) evaluate the application;
(ii) as applicable, comply with the requirements described in Subsections (2) through (5); and
(iii) provide a written report to a committee that includes:
(A) the results of the evaluation described in Subsection (1)(a)(i)
;
(B) all resolutions described in Subsections (2) and (3);
(C) all comments submitted by a legislator under Subsection (4); and
(D) the results of the division's consultation with a state agency under Subsection (5).
(b) The division may:
(i) evaluate private and federal land with the potential to be purchased by, transferred to, or leased to, the state for potential designation as a state monument; and
(ii) enter into negotiations with the relevant federal agency or private entity to pursue the transfer, sale, or lease of federal land for the proposed state monument, as appropriations allow.
(2)
(a) The division shall submit a completed application and the results of the division's evaluation of the application to the legislative body of all counties that will contain some or all of the proposed state monument within the county's geographic borders.
(b) No later than 45 days after the day on which a county's legislative body receives the information described in Subsection (2)(a), the county legislative body shall:
(i) adopt a resolution stating the county's support for or opposition to the proposed state monument; and
(ii) submit the resolution to the division.
(3)
(a) The division shall submit a completed application and the results of the division's evaluation of the application to the legislative body of any municipality that will contain some or all of the proposed state monument within the municipality's geographic borders.
(b) Within 45 days after the day on which a municipality's legislative body receives the information described in Subsection (3)(a), the municipality's legislative body shall:
(i) adopt a resolution stating the municipality's support for or opposition to the proposed state monument; and
(ii) submit the resolution to the division.
(4) The division shall:
(a) submit a completed application and the results of the division's evaluation of the application to each legislator whose legislative district is located partially or wholly within the geographic borders of the proposed state monument; and
(b) invite the legislators to submit comments on the proposed state monument.
(5)
(a) If any part of a proposed state monument would fall within the jurisdictional boundaries of a state agency other than the division, the division shall consult with the state agency regarding the proposed state monument.
(b) A committee may not recommend a proposed state monument to the Legislature if designating the state monument may cause a state agency to breach a fiduciary, contractual, or other legal obligation governing management or use of land that would be included within the geographic borders of the state monument.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules and prescribe forms for the submission of an application and for the administration of a state monument, subject to valid existing rights and Section 79-4-1208.
(7) Except as provided in Subsection (8), after receiving and reviewing a report described in Subsection (1)(a)(iii), a committee shall:
(a) recommend the proposed state monument to the Legislature pursuant to Section 79-4-1206;
(b) return the proposed state monument to the division for further study and evaluation; or
(c) reject the proposed state monument.
(8) If a county or municipality adopts a resolution opposing a proposed state monument under Subsection (2) or (3), a committee may not recommend the proposed state monument to the Legislature.
A state monument is created by the approval of the Legislature and the governor through concurrent resolution.
(1)
(a) Subject to Subsection (2), the division is responsible for the management of a state monument.
(b) The division may contract with another organization, agency, or entity for management services related to the management of a state monument.
(2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective as described in Section 63L-8-602, the government entity responsible for management of the public lands is responsible for the management of a state monument.
As used in this part:
(1) "Application" means a written application that a person submits to the division to nominate a parcel of state land or an existing campground located on state land for designation as a state campground.
(2)
(a) "Campground" means real property made available to individuals for camping, whether camping by tent, trailer, camper, cabin, recreational vehicle, or similar equipment.
(b) "Campground" includes the outdoor recreational infrastructure, as that term is defined in Section 51-9-901, located on the real property.
(3) "Committee" means:
(a) the Natural Resources, Agriculture, and Environment Interim Committee if the Legislature is not in session; or
(b) the House or Senate Natural Resources, Agriculture, and Environment Standing Committee if the Legislature is in session.
(4) "State campground" means a campground:
(a) located on state land;
(b) confined to the smallest area compatible with proper care and management of the campground; and
(c) designated in accordance with this part.
(5) "State land" means land owned or managed by the state.
(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) to establish the process for the submission of an application; and
(b) for the administration of a state campground, subject to valid existing rights and Section 79-4-1304.
(2) When the division receives a completed application, the division shall:
(a) evaluate the application;
(b) submit the completed application and the results of the division's evaluation described in Subsection (2)(a) to the following entities or individuals for review, as applicable:
(i) the legislative body of a county that contains some portion of the proposed state campground within the county's geographic borders;
(ii) the legislative body of a municipality that contains some portion of the proposed state campground within the municipality's geographic borders;
(iii) each legislator whose legislative district is located within the geographic borders of the proposed state campground; and
(iv) a state agency if the proposed state campground is located within the jurisdictional boundaries of the state agency; and
(c) provide a written report to a committee that includes:
(i) the results of the division's evaluation described in Subsection (2)(a); and
(ii) any resolution or comment the division received from an entity or individual described in Subsection (2)(b).
(3) The division may:
(a) evaluate private and federal land with the potential to be purchased by, transferred to, or leased to the state for potential designation as a state campground; and
(b) enter into negotiations with the relevant federal agency or private entity to pursue the transfer, sale, or lease of private or federal land for the proposed state campground, as appropriations allow.
(4) Except as provided in Subsection (5), after reviewing a report described in Subsection (2)(c), a committee may:
(a) recommend that the Legislature and governor approve the proposed state campground in accordance with Section 79-4-1303; or
(b) return the report to the division for further study and evaluation.
(5) A committee may not recommend a proposed state campground to the Legislature if:
(a) a county or municipality described in Subsection (2)(b)(i) or (ii) adopts a resolution opposing the proposed state campground; or
(b) designating the state campground may cause a state agency to breach a fiduciary, contractual, or other legal obligation governing management or use of land that is included within the geographic borders of the proposed state campground.
(1) The Legislature and the governor shall designate a state campground through concurrent resolution.
(2) Notwithstanding the requirements described in Section 79-4-1302, the Legislature and governor may act under this section to designate a state campground.
(1)
(a) Subject to Subsection (2), the division is responsible for the management of a state campground.
(b) The division may contract with another agency or entity for management services related to the management of a state campground.
(2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, taking effect as described in Section 63L-8-602, the government entity responsible for management of the public lands is responsible for the management of a state campground.
As used in this chapter:
(1) "Committee" means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206.
(2) "Division" means the Division of Outdoor Recreation.
(3) "Recreational trail" or "trail" means a multi-use path used for:
(a) muscle-powered activities, including:
(i) bicycling;
(ii) cross-country skiing;
(iii) walking;
(iv) jogging; and
(v) horseback riding; and
(b) uses compatible with the uses described in Subsection (3)(a), including the use of an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102.
(1) The division shall plan and develop a recreational trail system throughout the state that:
(a) provides for outdoor recreation needs; and
(b) facilitates access to, travel within, and enjoyment and admiration of the outdoors.
(2) To assure that an integrated trails network is achieved, the division shall coordinate the planning and development of trails with:
(a) federal land management agencies;
(b) local governments;
(c) private landowners; and
(d) state agencies.
(3) The division shall give priority to establishing trails that:
(a) cross public lands;
(b) are in proximity or accessible to urban areas;
(c) implement rail-to-trail conversions pursuant to the National Trails System Act, 16 U.S.C. Sec. 1241 et seq.;
(d) provide linkage to existing trails; and
(e) provide linkage or access to natural, scenic, historic, or recreational areas of statewide significance.
In establishing trails, the division shall:
(1) develop and manage the trails to harmonize with and complement any existing or planned land uses;
(2) locate and design trails according to an overall plan that provides for:
(a) interconnecting routes, where feasible; and
(b) consideration of safety; and
(3) select trails to minimize adverse effects on:
(a) an adjacent landowner or user and the landowner's or user's property or operations;
(b) wildlife; and
(c) the natural environment.
The division may plan and develop the following categories of recreational trails as part of the state trails system:
(1) cross-state trails that connect scenic, natural, historic, geologic, geographic, or other significant features;
(2) water-oriented trails that provide a path to or along lakes, streams, or reservoirs;
(3) scenic-access trails that give access to recreation, scenic, natural, historic, or cultural areas;
(4) urban trails that connect parks, scenic and natural areas, historical sites, and neighboring communities within a county of the first or second class; and
(5) interpretive trails that identify:
(a) historic routes; and
(b) significant natural features.
The division, in consultation with appropriate federal, state, and local government agencies and private organizations, shall establish uniform signs and markers for the system of recreational trails.
(1) Prior to establishing any recreational trail under the jurisdiction and control of the division, the division shall conduct a public hearing in the area or areas of the state where the trail is proposed to be located.
(2) Information to be considered at the hearings shall include the following:
(a) the proposed route of the trail and the recommended modes of travel to be permitted on it;
(b) any plans to utilize areas adjacent to the trail for scenic, historic, natural, cultural, or developmental purposes;
(c) the characteristics that, in the judgment of the division, make the proposed trail suitable as a recreational trail;
(d) the current status of land ownership and the current and potential use of land along the designated route;
(e) the estimated cost of acquisition of lands or any interest in lands;
(f) the plans and estimated costs for developing and maintaining the trail;
(g) any plans for sharing the costs of developing, operating, and maintaining the trail among state, federal, and local governmental entities and private organizations;
(h) any anticipated problems of policing the trail; and
(i) any anticipated hazards to private lands adjacent to the trail.
The division may enter into cooperative agreements with federal, state, or local governmental entities, private landowners, or private corporations that specify the responsibilities of each entity for the development, operation, and maintenance of trails, including law enforcement along trails.
(1)
(a) The division, after consultation with the committee, may give grants to federal government agencies, state agencies, or local governments for the planning, acquisition, and development of trails within the state's recreational trail system with funds appropriated by the Legislature for that purpose.
(b)
(i) Each grant recipient must provide matching funds as established by the division by rule.
(ii) The division may allow a grant recipient to provide property, material, or labor in lieu of money, provided the grant recipient's contribution has a value that is equal to or greater than the grant funds received.
(2) The division, after consultation with the committee, shall:
(a) make rules setting forth procedures and criteria for the awarding of grants for recreational trails; and
(b) determine to whom grant funds shall be awarded after considering the recommendations of and after consulting with the committee and the division.
(3) Rules for the awarding of grants for recreational trails shall provide that:
(a) each grant applicant must solicit public comment on the proposed recreational trail and submit a summary of that comment to the division;
(b) each trail project for which grant funds are awarded must conform to the criteria and guidelines specified in Sections 79-5-103, 79-5-301, and 79-5-302; and
(c) trail proposals that include a plan to provide employment opportunities for youth, including at-risk youth, in the development of the trail is encouraged.
(4) As used in this section, "at-risk youth" means youth who:
(a) are subject to environmental forces, such as poverty or family dysfunction, that may make them vulnerable to family, school, or community problems;
(b) perform poorly in school or have failed to complete high school;
(c) exhibit behaviors that have the potential to harm themselves or others in the community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
(d) have already engaged in behaviors harmful to themselves or others in the community.
The division may receive, from any person, donated funds, property, or services for specified or nonspecified uses associated with the planning, acquisition, development, and administration of recreational trails.
(1) There is created within the division the Bonneville Shoreline Trail Program.
(2) The program shall be funded from the following sources:
(a) appropriations made to the program by the Legislature; and
(b) contributions from other public and private sources.
(3) Money appropriated to the Bonneville Shoreline Trail Program is nonlapsing.
(4) The Bonneville Shoreline Trail is intended to:
(a) follow on or near the old Lake Bonneville shoreline terrace near the foot of the Wasatch Mountains from Juab County through Cache County; and
(b) provide continuous and safe trails.
(5)
(a) The program money shall be used to provide grants to local governments for the planning, development, construction, and the acquisition of key parcels of land of the Bonneville Shoreline Trail.
(b) Grant recipients shall provide matching funds in accordance with Section 79-5-501.
As used in this chapter:
(1) "Adequate" means an amount of energy sufficient to continuously meet demand from under normal conditions, not including planned outages and temporary service disruptions.
(2) "Affordable" means priced to be accessible to the population without causing financial strain or compromising basic needs, quality of life, or well-being.
(3) "Clean" means minimizing adverse environmental impact and able to meet state standards for environmental quality.
(4) "Consortium" means the Nuclear Energy Consortium created in Section 79-6-1201.
(5) "Council" means the Utah Energy Council established in Section 79-6-1101.
(6) "Director" means the director of the office.
(7) "Dispatchable" means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing.
(8) "Electrical corporation" means the same as that term is defined in Section 54-2-1.
(9) "Electrical energy development zone" means a geographic area designated by the council under Section 79-6-1104 for baseload electrical energy infrastructure development.
(10) "Gas corporation" means the same as that term is defined in Section 54-2-1.
(11) "Intermittent" means available for use on a variable basis that is dependent on elements outside of the control of the operator.
(12) "Office" means the Office of Energy Development created in Section 79-6-401.
(13)
(a) "Reliable" means supporting a system generally able to provide a continuous supply and the resiliency to withstand sudden or unexpected disturbances.
(b) "Reliable" includes, for systems delivering electricity, the ability to provide electricity at the proper voltage and frequency.
(14) "Secure" means protected against disruption, tampering, and external interference.
(15) "Sustainable" means domestically sourced and able to provide affordable, reliable energy in adequate quantities for current and future generations without compromising economic prosperity or environmental health.
(16) "Governmental entity" means:
(a) any department, agency, board, commission, or other instrumentality of the state; or
(b) a political subdivision of the state.
(1) The department shall create a hydrogen advisory council within the office that consists of seven to nine members appointed by the executive director, in consultation with the director. The executive director shall appoint members with expertise in:
(a) hydrogen energy in general;
(b) hydrogen project facilities;
(c) technology suppliers;
(d) hydrogen producers or processors;
(e) renewable and fossil based power generation industries; and
(f) fossil fuel based hydrogen feedstock providers.
(2)
(a) Except as required by Subsection (2)(b), a member shall serve a four-year term.
(b) The executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the hydrogen advisory council is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(3)
(a) A majority of the members appointed under this section constitutes a quorum of the hydrogen advisory council.
(b) The hydrogen advisory council shall determine:
(i) the time and place of meetings; and
(ii) any other procedural matter not specified in this section.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5) The office shall staff the hydrogen advisory council.
(6) The hydrogen advisory council may:
(a) develop hydrogen facts and figures that facilitate use of hydrogen fuel within the state;
(b) encourage cross-state cooperation with states that have hydrogen programs;
(c) work with state agencies, the private sector, and other stakeholders, such as environmental groups, to:
(i) recommend realistic goals for hydrogen development that can be executed within realistic time frames; and
(ii) educate, discuss, consult, and make recommendations in hydrogen related matters that benefit the state;
(d) promote hydrogen research at an institution of higher education or a private postsecondary educational institution, as defined in Section 53H-1-101;
(e) make recommendations regarding how to qualify for federal funding of hydrogen projects, including hydrogen related projects for:
(i) the state;
(ii) a local government;
(iii) a privately commissioned project;
(iv) an educational project;
(v) scientific development; and
(vi) engineering and novel technologies;
(f) make recommendations related to the development of multiple feedstock or energy resources in the state such as wind, solar, hydroelectric, geothermal, coal, natural gas, oil, water, electrolysis, coal gasification, liquefaction, hydrogen storage, safety handling, compression, and transportation;
(g) make recommendations to establish statewide safety protocols for production, transportation, and handling of hydrogen for both residential and commercial applications;
(h) facilitate public events to raise the awareness of hydrogen and hydrogen related fuels within the state and how hydrogen can be advantageous to all forms of transportation, heat, and power generation;
(i) review and make recommendations regarding legislation; and
(j) make other recommendations to the director related to hydrogen development in the state.
(1) It is the policy of the state that:
(a)
(i) Utah will develop its energy resources and plan its energy future with a focus on human well-being and quality of life, recognizing that reliable access to energy is vital for human health, adaptation, economic growth, and prosperity;
(ii) Utah shall have energy resources that have the following attributes, listed in order of priority:
(A) adequate;
(B) reliable;
(C) dispatchable;
(D) affordable;
(E) sustainable;
(F) secure; and
(G) clean; and
(iii) Utah shall encourage the construction and use of energy systems that balance the criteria described in Subsection (1)(a)(ii) while giving priority to the criteria in the order they are listed in Subsection (1)(a)(ii);
(b)
(i) Utah shall foster market-based solutions to:
(A) meet current and future energy demands;
(B) protect proven technologies; and
(C) minimize political uncertainties in pursuing energy development and strategy;
(ii) Utah shall promote the development of a diverse energy portfolio, including:
(A) dispatchable energy resources, including natural gas, coal, oil, and hydroelectric;
(B) nuclear power generation technologies certified for use by the United States Nuclear Regulatory Commission including molten salt reactors producing medical isotopes;
(C) intermittent energy resources, including solar and wind;
(D) clean energy sources by considering the environmental impact, including emissions, of an energy resource throughout the entire life cycle of the energy resource; and
(E) increased refinery capacity; and
(iii) Utah shall encourage innovation in the development of energy resources, including:
(A) emerging energy resources, including geothermal, biomass, biofuel, oil shale, and oil sands;
(B) alternative transportation fuels and technologies; and
(C) energy storage, pumped storage, and other developing energy systems, including hydrogen from all sources;
(c)
(i) Utah shall streamline state regulatory processes to balance economic costs with the level of review necessary to ensure protection of the state's interests; and
(ii) Utah shall encourage expedited federal action and will collaborate with federal agencies to expedite review;
(d)
(i) Utah shall maintain an environment that provides for stable consumer prices that are as low as possible while providing producers and suppliers a fair return on investment, recognizing that:
(A) economic prosperity is linked to the availability, reliability, and affordability of consumer energy supplies; and
(B) investment will occur only when adequate financial returns can be realized;
(ii) Utah shall assess the utility value of each prospective energy resource to meet the state's increasing demands including:
(A) a market analysis with and without government subsidies; and
(B) the total system impact of an energy resource;
(iii) Utah shall provide support for the innovation, research, and development of new energy resources and promote the development of resources and infrastructure sufficient to meet the state's growing demand and to contribute to the regional and national energy supply, thus reducing dependence on international energy materials; and
(iv) Utah shall allow market forces to drive prudent use of energy resources, although incentives and other methods may be used to ensure the state's optimal development and use of energy resources in the short- and long-term;
(e) Utah shall promote the development of resources, tools, and infrastructure to enhance the state's ability to:
(i) maintain adequate supply, including reserves of proven and cost-effective resources to meet demand;
(ii) ensure the state's energy independence by promoting and prioritizing the use of energy resources generated within the state; and
(iii) respond effectively to significant disruptions to the state's energy generation, energy delivery systems, or fuel supplies;
(f)
(i) Utah shall research and develop in consideration of the complete life cycle of an energy resource including mining, transportation, consumption, disposal, and reclamation;
(ii) Utah shall promote the development of a secure supply chain from resource extraction to energy production and consumption; and
(iii) Utah shall, in accordance with the policy principles described in this section, support the construction of infrastructure to encourage:
(A) energy development;
(B) diversified modes of energy transportation;
(C) greater access to domestic and international markets for Utah's resources; and
(D) advanced transmission systems;
(g) Utah shall pursue energy conservation, energy efficiency, and environmental quality; and
(h) Utah shall promote training and education programs developed by the office, focused on developing a comprehensive understanding of energy, including:
(i) programs addressing:
(A) supply and demand;
(B) energy related workforce development;
(C) energy efficiency; and
(D) energy conservation; and
(ii) energy education programs in grades kindergarten through grade 12.
(2) Governmental entities, the Public Service Commission, electric corporations, and gas corporations shall conduct activities consistent with Subsection (1).
(3) A person may not file suit to challenge a state agency's action that is inconsistent with Subsection (1).
The Public Utilities, Energy, and Technology Interim Committee shall review the state energy policy annually and propose any changes to the Legislature.
(1) As used in this section:
(a) "Commission" means the Public Service Commission established in Section 54-1-1.
(b) "Dispatchable" means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing.
(c) "Early retirement" means the closure of an electrical generation facility before reaching the end of a normal operational lifespan when significant upgrades and renovations to prolong the electrical generation facility's service are still financially reasonable investments.
(d) "Electrical generation facility" means a facility that generates electricity for provision to customers.
(e) "Forced retirement" means the closure of an electrical generation facility as a result of a federal regulation that either directly mandates the closure of an electrical generation facility or where the costs of compliance are so high as to effectively force the closure of an electrical generation facility.
(f) "Nameplate capacity" means the sum of the maximum rated outputs of all electrical generating equipment within a facility under specific conditions designated by the manufacturer, as indicated on individual nameplates physically attached to the equipment.
(g) "Plant factor" means the ratio of the actual annual electrical energy output of an electrical generation facility compared to the potential annual electrical energy output if the electrical generation facility operated at full capacity continuously for the entire year.
(h) "Qualified utility" means the same as that term is defined in Section 54-17-801.
(i) "Reliable" means supporting a system generally able to provide a continuous supply of electricity at the proper voltage and frequency and the resiliency to withstand sudden or unexpected disturbances.
(j) "Replacement plan" means a plan by a qualified utility to replace the energy supply of an existing electrical generation facility.
(k) "Secure" means protected against disruption, tampering, and external interference.
(2) The Legislature finds that:
(a) affordable, reliable, dispatchable, and secure energy resources are important to the health, safety, and welfare of the state's citizens;
(b) the state has invested substantial resources in the development of affordable, reliable, dispatchable, and secure energy resources within the state;
(c) the early retirement of an electrical generation facility that provides affordable, reliable, dispatchable, and secure energy is a threat to the health, safety, and welfare of the state's citizens;
(d) the state's police powers, reserved to the state by the United States Constitution, provide the state with sovereign authority to make and enforce laws for the protection of the health, safety, and welfare of the state's citizens;
(e) the state has a duty to defend the production and supply of affordable, reliable, dispatchable, and secure energy from external regulatory interference; and
(f) the state's sovereign authority with respect to the retirement of an electrical generation facility for the protection of the health, safety, and welfare of the state's citizens is primary and takes precedence over any attempt from an external regulatory body to mandate, restrict, or influence the early retirement of an electrical generation facility in the state.
(3) A qualified utility that receives notice of any federal regulation that may result in the forced retirement of the qualified utility's electrical generation facility shall inform the Office of the Attorney General of the regulation within 30 days after the receipt of notice.
(4) After being informed as described in Subsection (3), the Office of the Attorney General may take any action necessary to defend the interest of the state with respect to electricity generation by the qualified utility, including filing an action in court or participating in administrative proceedings.
(5) Before authorizing or approving a rate case, integrated resource plan, or other submission that proposes the early retirement of an electrical generation facility, the commission shall:
(a) consider the Legislature's findings in Subsection (2);
(b) determine, based on clear and convincing evidence, that the early retirement of an electrical generation facility will not:
(i) create a material adverse effect on the provision of affordable, reliable, dispatchable, and secure electricity to customers in the state;
(ii) create or exacerbate an existing shortage of available electricity to customers in the state;
(iii) harm the qualified utility's ratepayers by causing the qualified utility to incur any net incremental costs to be recovered from ratepayers that could be avoided by continuing to operate the electric generating unit proposed for retirement in compliance with applicable law; and
(iv) be undertaken as a result of any financial incentives or benefits for closure related costs offered by any federal agency;
(c) determine whether the utility has proven a commitment and capability to have a replacement plan operational before retiring the existing facility; and
(d) in making the determination under Subsection (b), consider the following characteristics:
(i) plant factor;
(ii) nameplate capacity;
(iii) reliability;
(iv) dispatchability;
(v) affordability; and
(vi) the minimum reserve capacity requirement established by the utility's reliability coordinator.
(6) The commission shall prepare and submit an annual report to the Public Utilities, Energy, and Technology Interim Committee before November 30 of each year detailing:
(a) the number of received requests to retire electric generating units in the state, including:
(i) the nameplate capacity of each of those units; and
(ii) whether the request was approved or denied by the commission;
(b) the impact of any commission-approved retirement of an electric generating unit on the:
(i) state's generation fuel mix;
(ii) required capacity reserve margins for the qualified utility;
(iii) need for capacity additions or expansions at new or existing facilities as a result of the retirement; and
(iv) need for additional purchase power or capacity reserve arrangements; and
(c) whether a retirement resulted in stranded costs for the ratepayer that will be recovered by the utility through a surcharge or some other separate charge on the customer bill.
(1) There is created an Office of Energy Development within the Department of Natural Resources to be administered by a director.
(2)
(a) The governor shall appoint the director with the advice and consent of the Senate.
(b) The director shall:
(i) have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the office's affairs;
(ii) serve at the pleasure of the governor; and
(iii) report to the executive director on matters concerning the office as the executive director may require.
(3) The purposes of the office are to:
(a) serve as the primary resource for advancing energy and mineral development in the state;
(b) implement:
(i) the state energy policy under Section 79-6-301; and
(ii) the governor's energy and mineral development goals and objectives;
(c) advance energy education, outreach, and research, including the creation of elementary, higher education, and technical college energy education programs;
(d) promote energy and mineral development workforce initiatives;
(e) support collaborative research initiatives targeted at Utah-specific energy and mineral development;
(f) in coordination with the Department of Environmental Quality and other relevant state agencies:
(i) develop effective policy strategies to advocate for and protect the state's interests relating to federal energy and environmental entities, programs, and regulations;
(ii) participate in the federal environmental rulemaking process by:
(A) advocating for positive reform of federal energy and environmental regulations and permitting;
(B) coordinating with other states to develop joint advocacy strategies; and
(C) conducting other government relations efforts; and
(iii) direct the funding of legal efforts to combat federal overreach and unreasonable delays regarding energy and environmental permitting;
(g) fund the development of detailed and accurate forecasts of the state's long-term energy supply and demand, including a baseline projection of expected supply and demand and analysis of potential alternative scenarios; and
(h) coordinate with public and private entities regarding nuclear fuel recycling facility development in the state as provided in Part 15, Nuclear Energy Development.
(4) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the office may:
(a) seek federal grants or loans;
(b) seek to participate in federal programs; and
(c) in accordance with applicable federal program guidelines, administer federally funded state energy programs.
(5) The office shall perform the duties required by Sections 11-42a-106, 59-5-302, 59-7-614.7, and 59-10-1029, Part 5, Alternative Energy Development Tax Credit Act, and Part 6, High Cost Infrastructure Development Tax Credit Act.
(6)
(a) For purposes of administering this section, the office may make rules, by following Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to maintain as confidential, and not as a public record, information that the office receives from any source.
(b) The office shall maintain information the office receives from any source at the level of confidentiality assigned by the source.
(7) The office may charge application, filing, and processing fees in amounts determined by the office in accordance with Section 63J-1-504 as dedicated credits for performing office duties described in this part.
(8)
(a) An employee of the office on April 30, 2024, is an at-will employee.
(b) For an employee described in Subsection (8)(a) who was employed by the office on April 30, 2024, the employee shall have the same salary and benefit options an employee had when the office was part of the office of the governor.
(c) An employee of the office hired on or after May 1, 2024, shall receive compensation as provided in Title 63A, Chapter 17, Utah State Personnel Management Act.
(9)
(a) The office shall prepare a strategic energy plan to achieve the state's energy policy, including:
(i) technological and infrastructure innovation needed to meet future energy demand including:
(A) energy production technologies;
(B) battery and storage technologies;
(C) smart grid technologies;
(D) energy efficiency technologies; and
(E) any other developing energy technology, energy infrastructure planning, or investments that will assist the state in meeting energy demand;
(ii) the state's efficient use and development of:
(A) energy resources, including natural gas, coal, clean coal, hydrogen, oil, oil shale, and oil sands;
(B) renewable energy resources, including geothermal, solar, hydrogen, wind, biomass, biofuel, and hydroelectric;
(C) nuclear power; and
(D) earth minerals;
(iii) areas of energy-related academic research;
(iv) specific areas of workforce development necessary for an evolving energy industry;
(v) the development of partnerships with national laboratories; and
(vi) a proposed state budget for economic development and investment.
(b) In preparing the strategic energy plan, the office shall:
(i) consult with stakeholders, including representatives from:
(A) energy companies in the state;
(B) private and public institutions of higher education within the state conducting energy-related research; and
(C) other state agencies; and
(ii) use modeling and industry standard data to:
(A) define the energy services required by a growing economy;
(B) calculate energy needs;
(C) develop state strategy for energy transportation, including transmission lines, pipelines, and other infrastructure needs;
(D) optimize investments to meet energy needs at the least cost and least risk while meeting the policy outlined in this section;
(E) address state needs and investments through a prospective 30-year period, divided into five-year working plans; and
(F) update the plan at least every two years.
(c) The office shall report annually to the Public Utilities, Energy, and Technology Interim Committee on or before the October interim meeting describing:
(i) progress towards creation and implementation of the strategic energy plan;
(ii) the plan's compliance with the state energy policy; and
(iii) a proposed budget for the office to continue development of the strategic energy plan.
(10) The director shall:
(a) annually review and propose updates to the state's energy policy, as contained in Section 79-6-301;
(b) promote as the governor considers necessary:
(i) the development of cost-effective energy resources both renewable and nonrenewable; and
(ii) educational programs, including programs supporting conservation and energy efficiency measures;
(c) coordinate across state agencies to assure consistency with state energy policy, including:
(i) working with the State Energy Program to promote access to federal assistance for energy-related projects for state agencies and members of the public;
(ii) working with the Division of Emergency Management to assist the governor in carrying out the governor's energy emergency powers under Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act;
(iii) participating in the annual review of the energy emergency plan and the maintenance of the energy emergency plan and a current list of contact persons required by Section 53-2a-902; and
(iv) identifying and proposing measures necessary to facilitate low-income consumers' access to energy services;
(d) coordinate with the Division of Emergency Management ongoing activities designed to test an energy emergency plan to ensure coordination and information sharing among state agencies and political subdivisions in the state, public utilities and other energy suppliers, and other relevant public sector persons as required by Sections 53-2a-902, 53-2a-1004, 53-2a-1008, and 53-2a-1010;
(e) coordinate with requisite state agencies to study:
(i) the creation of a centralized state repository for energy-related information;
(ii) methods for streamlining state review and approval processes for energy-related projects; and
(iii) the development of multistate energy transmission and transportation infrastructure;
(f) coordinate energy-related regulatory processes within the state;
(g) compile, and make available to the public, information about federal, state, and local approval requirements for energy-related projects;
(h) act as the state's advocate before federal and local authorities for energy-related infrastructure projects or coordinate with the appropriate state agency; and
(i) help promote the Division of Facilities Construction and Management's measures to improve energy efficiency in state buildings.
(11) The director has standing to testify on behalf of the governor at the Public Service Commission created in Section 54-1-1.
(12) The office shall include best practices in developing actionable goals and recommendations as part of preparing and updating every two years the strategic energy plan required under Subsection (9).
(13) The office shall maintain and regularly update a public website that provides an accessible dashboard of relevant metrics and reports and makes available the data used to create the strategic energy plan.
(1) As used in this section:
(a) "Capacity allocation process" means the process outlined by the Federal Energy Regulatory Commission in its final policy statement dated January 17, 2013, "Allocation of Capacity on New Merchant Transmission Projects and New Cost-Based, Participant-Funded Transmission Projects, Priority Rights to New Participant-Funded Transmission," 142 F.E.R.C. P61,038 (2013).
(b) "Certificate of in-state need" means a certificate issued by the office in accordance with this section identifying an in-state generator that meets the requirements and qualifications of this section.
(c) "Expression of need" means a document prepared and submitted to the office by an in-state merchant generator that describes or otherwise documents the transmission needs of the in-state merchant generator in conformance with the requirements of this section.
(d) "In-state merchant generator" means an electric power provider that generates power in Utah and does not provide service to retail customers within the boundaries of Utah.
(e) "Merchant electric transmission line" means a transmission line that does not provide electricity to retail customers within the boundaries of Utah.
(f) "Office" means the Office of Energy Development established in Section 79-6-401.
(g) "Open solicitation notice" means a document prepared and submitted to the office by a merchant electric transmission line regarding the commencement of the line's open solicitation in compliance with 142 F.E.R.C. P61,038 (2013).
(2) As part of the capacity allocation process, a merchant electric transmission line shall file an open solicitation notice with the office containing a description of the merchant electric transmission line, including:
(a) the proposed capacity;
(b) the location of potential interconnection for in-state merchant generators;
(c) the planned date for commencement of construction; and
(d) the planned commercial operations date.
(3) Upon receipt of the open solicitation notice, the office shall:
(a) publish the notice on the Utah Public Notice Website created under Section 63A-16-601;
(b) include in the notice contact information; and
(c) provide the deadline date for submission of an expression of need.
(4)
(a) In response to the open solicitation notice published by the office, and no later than 30 days after publication of the notice, an in-state merchant generator may submit an expression of need to the office.
(b) An expression of need submitted under Subsection (4)(a) shall include:
(i) a description of the in-state merchant generator; and
(ii) a schedule of transmission capacity requirement provided in megawatts, by point of receipt and point of delivery and by operating year.
(5) No later than 60 days after notice is published under Subsection (3), the office shall prepare a certificate of in-state need identifying the in-state merchant generators.
(6) Within five days of preparing the certificate of in-state need, the office shall:
(a) publish the certificate on the Utah Public Notice Website created under Section 63A-16-601; and
(b) provide the certificate to the merchant electric transmission line for consideration in the capacity allocation process.
(7) The merchant electric transmission line shall:
(a) provide the Federal Energy Regulatory Commission with a copy of the certificate of in-state need; and
(b) certify that the certificate is being provided to the Federal Energy Regulatory Commission in accordance with the requirements of this section, including a citation to this section.
(8) At the conclusion of the capacity allocation process, and unless prohibited by a contractual obligation of confidentiality, the merchant electric transmission line shall report to the office whether a merchant in-state generator reflected on the certificate of in-state need has entered into a transmission service agreement with the merchant electric transmission line.
(9) This section may not be interpreted to:
(a) create an obligation of a merchant electric transmission line to pay for, or construct any portion of, the transmission line on behalf of an in-state merchant generator; or
(b) preempt, supersede, or otherwise conflict with Federal Energy Regulatory Commission rules and regulations applicable to a commercial transmission agreement, including agreements, or terms of agreements, as to cost, terms, transmission capacity, or key rates.
(10) Subsections (2) through (9) do not apply to a project entity as defined in Section 11-13-103.
(1)
(a) There is created within the office the Utah Energy Research Grant Program.
(b) The purpose of the program is to encourage energy-related research within the state by providing matching grants to applicants that have received federal or private grants for specific ongoing energy-related research projects.
(2)
(a) An applicant that submits a proposal for a grant to the office shall include details in the proposal regarding:
(i) the specific ongoing energy-related research project;
(ii) information about previously awarded federal and private grants for the specific ongoing energy-related research project, including:
(A) the amount of the previously awarded federal or private grant; and
(B) the requirements to qualify for the previously awarded federal or private grant; and
(iii) other information the office determines necessary to evaluate the proposal.
(b) When evaluating a proposal for a grant, the office shall consider:
(i) the grant amount requested, which may not exceed the amount of federal or private grants the applicant has been awarded;
(ii) the extent to which the proposal advances the goals of the state energy policy and strategic energy plan;
(iii) the extent to which any additional funding sources or existing or planned partnerships may benefit the proposal; and
(iv) the viability of the proposal.
(3) Subject to this Subsection (3), the office may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
(a) eligibility criteria for a grant;
(b) the form and process for submitting a proposal to the office for a grant;
(c) the process and criteria for determining the priority of applications received;
(d) the formula and method for determining a grant amount; and
(e) reporting requirements for a grant recipient.
(4) On or before October 31 of each year, the office shall provide a written report to the Public Utilities, Energy, and Technology Interim Committee regarding:
(a) the number of grants and grant amounts awarded under the program;
(b) data gathered under the program; and
(c) the impact of the program on encouraging energy-related research within the state.
A state agency shall provide the office with any energy-related information requested by the office if the office's request is consistent with other law.
(1) The director shall report annually to the Public Utilities, Energy, and Technology Interim Committee.
(2) The report required in Subsection (1) shall:
(a) summarize the status and development of the state's energy resources;
(b) summarize the activities and accomplishments of the office;
(c) address the director's activities under this part;
(d) recommend any energy-related executive or legislative action the director or office considers beneficial to the state, including updates to the state energy policy under Section 79-6-301;
(e) address long-term energy planning required under Subsection 79-6-401(9); and
(f) address the office's activities under Part 15, Nuclear Energy Development.
(3)
(a) The office shall study the impacts of the following on energy costs in the state:
(i) Title 59, Chapter 33, Wind or Solar Electric Generation Facility Capacity Tax; and
(ii) Part 14, Energy Project Assessment.
(b) The director shall report the office's findings regarding the study required under this Subsection (3) to the Public Utilities, Energy, and Technology Interim Committee by no later than the 2026 November interim meeting.
(4)
(a) On or before November 1, 2026, and annually thereafter on or before November 1, the office shall:
(i) review the reports submitted by large-scale public utilities under Section 54-7-13.7;
(ii) consult with each large-scale public utility that submitted a report under Section 54-7-13.7 regarding the alignment of the large-scale public utility's energy rebate program with the state energy policy described in Section 79-6-301; and
(iii) as part of the consultation described in Subsection (4)(a)(ii), provide recommendations to each large-scale public utility for improving the alignment of the energy rebate program with the state energy policy.
(b) The director shall include in the annual report required by Subsection (1) a summary of:
(i) the energy rebate programs operated by large-scale public utilities in the state during the previous calendar year;
(ii) the office's findings regarding the alignment of those programs with the state energy policy; and
(iii) any recommendations made to large-scale public utilities under Subsection (4)(a)(iii).
(1) As used in this section:
(a) "Advisory group" means the Energy Education and Workforce Development Advisory Group created in this section.
(b) "Core standards" means the science standards established by the state board as described in Section 53E-4-202.
(c) "Institution of higher education" means the same as that term is defined in Section 53H-1-101.
(2) Pursuant to Subsection 79-6-301(1)(h) and subject to legislative appropriations and other funding sources, the office shall establish the Energy Education and Workforce Development Advisory Group consisting of the following:
(a) the director of the office, or the director's designee;
(b) the director of the Division of Oil, Gas, and Mining, or the director's designee;
(c) the state superintendent of public instruction, or the superintendent's designee from the State Board of Education elementary science team;
(d) the state superintendent of public instruction, or the superintendent's designee from the State Board of Education secondary science team;
(e) the commissioner of higher education, or the commissioner's designee from Talent Ready Utah;
(f) the president of the Utah Rural Schools Association, or the president's designee;
(g) the president of the Utah Science Teaching Association, or the president's designee;
(h) the chief executive officer of the Utah Municipal Power Agency or the Utah Associated Municipal Power Systems, or the chief executive officer's designee;
(i) the executive director of the Utah Rural Electric Cooperative Association, or the executive director's designee;
(j) the president of the Utah Petroleum Association, or the president's designee; and
(k) the president of the Utah Mining Association, or the president's designee.
(3) In consultation with the advisory group, the office shall:
(a) develop and maintain energy education programs and curricula for kindergarten through grade 12 that:
(i) meet core standards;
(ii) align with the state energy policy described in Section 79-6-301;
(iii) are appropriate for each grade level; and
(iv) are available to school districts, charter schools, and the public for voluntary use;
(b) develop and provide professional development training for educators that:
(i) promotes the use and appropriate deployment and teaching of the energy education programs and curricula developed under Subsection (3)(a);
(ii) builds fluency for educators with the energy education programs and curricula;
(iii) provides educators with opportunities and activities to receive renewal hours for professional licensure; and
(iv) complies with state educator licensure requirements; and
(c) develop energy-related workforce development programs and facilitate collaboration among institutions of higher education, elementary and secondary schools, and industry.
(4) The office may:
(a) include in the curricula other elements of the state energy policy to advance a comprehensive understanding of energy policy;
(b) contract with third-party curriculum development organizations to create the curricula based on guidance from the office and the advisory committee; and
(c) provide comment on the development of Utah science core standards.
(5) The professional development training provided to educators by the office may include:
(a) virtual or in-person classroom instruction;
(b) conferences;
(c) seminars; and
(d) site visits.
(6) An energy-related workforce development program described in Subsection (3)(c) shall:
(a) create expanded, multidisciplinary programs or stackable credential programs;
(b) prepare students for energy industry jobs; and
(c) promote policies consistent with the state energy policy described in Section 79-6-301.
(7) The advisory group's duties may include providing recommendations to the office regarding the development and implementation of:
(a) energy education programs and curricula in grades kindergarten through grade 12;
(b) professional development trainings for educators;
(c) energy related workforce development programs; and
(d) any potential comments to be submitted on the development of science core standards for Utah public schools for the state.
(8) On or before October 1 of each year, the office shall submit a written report to the Public Utilities, Energy, and Technology Interim Committee describing activities, successes, challenges, and funding needs related to the programs and training established in this section.
(1) As used in this section, "coal-powered electrical generation facility site" means a location in the state where a facility that generates electricity using coal as a primary fuel source:
(a) is currently operating; or
(b) has ceased operations but retains existing infrastructure suitable for energy generation purposes.
(2) On or before October 31, 2027, Utah State University shall conduct a study on the geological and environmental impacts of geothermal energy development in the state, which shall include:
(a) an assessment of subsurface geological conditions and the interactions with geothermal energy development activities;
(b) an evaluation of geothermal energy development techniques and the relative impacts on surrounding geological and environmental conditions;
(c) an assessment of the geological and environmental impacts of geothermal energy development at or near coal-powered electrical generation facility sites; and
(d) recommendations for geothermal energy development practices that minimize geological and environmental impacts.
(3) Upon completion of the study described in Subsection (2), Utah State University shall report the findings on or before the November interim meeting to the Public Utilities, Energy, and Technology Interim Committee.
(1) As used in this section:
(a) "Barrel" means an amount equal to 42 gallons of oil at atmospheric pressure and at a temperature of 60 degrees Fahrenheit.
(b) "Crude oil" means hydrocarbons, regardless of gravity, that occur naturally in the gaseous phase in the reservoir and are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface infield separators.
(c) "Finished petroleum product" means a product resulting from petroleum refining, including gasoline, diesel fuel, jet fuel, kerosene, fuel oils, lubricating oils, asphalt, petroleum coke, liquefied petroleum gases, and other products derived from the refining process.
(d) "Petroleum refined" means the volume of crude oil and unfinished petroleum products introduced into the refining process.
(e) "Refine" means the industrial process of converting crude oil or unfinished petroleum products into finished petroleum products through distillation, cracking, reforming, blending, or other chemical or physical processes.
(f) "Refiner" means a person that owns, operates, or controls a refinery.
(g) "Refinery" means a facility located in this state at which petroleum refining is conducted, including processing units, storage facilities, and associated infrastructure under common ownership or operational control at a single geographic location or integrated complex.
(2) Beginning July 1, 2026, and quarterly thereafter, a refiner shall provide to the office a report that includes:
(a) the total number of barrels of crude oil refined at the refinery in the previous calendar quarter;
(b) the total quantity of the products derived and produced from refining at the refinery in the previous calendar quarter;
(c) the total quantity of finished petroleum products, itemized by type, that arrived at the refinery or terminal in the previous calendar quarter; and
(d) the total quantity of finished petroleum products, itemized by type, that leave the refinery or terminal.
(3)
(a) The office shall compile the data received in the report described in Subsection 79-6-411(2) for each refiner.
(b) The office shall provide the compiled data described in Subsection 79-6-411(3)(a) in an aggregated form to the Division of Oil, Gas, and Mining on a quarterly basis.
(4)
(a) Information provided to the office under this section is:
(i) a protected record under Title 63G, Chapter 2, Government Records Access and Management Act;
(ii) confidential commercial information; and
(iii) a trade secret for purposes of state law.
(b) Information described in Subsection 79-6-411(4)(a) is not subject to disclosure, inspection, or copying under Title 63G, Chapter 2, Government Records Access and Management Act, or any other state law.
(c) The protected status of information under this section is mandatory and does not require a claim or assertion by the reporting entity.
(5)
(a) The office or any state agency may not release, publish, or disclose information reported under this section in a manner that identifies, or could reasonably be used to identify:
(i) a refinery;
(ii) a refiner;
(iii) a facility; or
(iv) operational proprietary business information.
(b) Information may be released only in aggregated statistical form that prevents identification of a reporting entity.
(6)
(a) Information collected under this section may be used only for:
(i) statewide statistical analysis; or
(ii) energy planning purposes.
(b) Information collected under this section may not be used as the basis for:
(i) regulatory enforcement;
(ii) administrative action;
(iii) market intervention;
(iv) price regulation;
(v) civil or criminal investigation; or
(vi) any action against a reporting entity, except for enforcement of the reporting requirement under this section.
(7)
(a) Information reported under this section may not be shared with another state agency or political subdivision unless:
(i) the receiving entity agrees in writing to maintain confidentiality protections at least as stringent as those provided in this section; and
(ii) the information is used only for purposes permitted under Subsection 79-6-411(6).
(b) Information may not be disclosed to the public or a private party through interagency transfer.
(8) Information reported under this section may not be disclosed to a federal agency unless disclosure is required by federal law and the receiving agency provides written assurance that the information will be protected by confidentiality protections at least as stringent as those provided under federal law governing refinery reporting data.
(9)
(a) Information reported under this section is not subject to subpoena, discovery, or admission into evidence in any civil, criminal, or administrative proceeding.
(b) A court may not order disclosure of information reported under this section.
(10)
(a) The office shall adopt rules establishing a secure procedure for submission, storage, and handling of information reported under this section.
(b) The office shall implement administrative, technical, and physical safeguards to protect the confidentiality and integrity of the information.
(11)
(a) The office may retain reported information only for the minimum period necessary to perform the purposes described in Subsection 79-6-411(6).
(b) The office shall securely destroy confidential information after the retention period.
(12)
(a) A person who knowingly discloses information protected under this section is guilty of a class A misdemeanor.
(b) A reporting entity may bring a civil action for damages, injunctive relief, and attorney fees against a person or government entity that unlawfully discloses protected information.
(13) Submission of information under this section does not waive any privilege or protection under state or federal law.
(14) This section shall be interpreted to provide confidentiality protections at least as stringent as protections applied to refinery operational data collected by the United States Energy Information Administration.
(1) As used in this section, "public entity" means a state agency, county, municipality, special district, special service district, an intergovernmental entity organized under state law, or the military installation development authority created in Section 63H-1-201.
(2) There is created a revolving loan fund known as the Energy Development Infrastructure Fund.
(3) The fund consists of:
(a) money the Legislature appropriates to the fund;
(b) money received for repayment of a loan made from the fund; and
(c) interest earned on money in the fund.
(4) The office may use money in the fund to make one or more loans to one or more public entities to finance infrastructure development that supports nuclear power generation and transmission in the state.
(5)
(a) A public entity that borrows money from the fund shall enter into a loan agreement with the office for repayment of the money.
(b)
(i) The office shall ensure that a loan under this section is secured by:
(A) bonds, notes, or another evidence of indebtedness validly issued under state law; or
(B) revenue generated from the project.
(ii) The security provided under Subsection 79-6-412(5)(b)(i) may include the borrower's pledge of some or all of a revenue source that the borrower controls.
(c) A loan under this section shall bear interest at a rate not to exceed .5% above bond market interest rates available to the state.
(6) The office may provide conditions in the loan agreement described in Subsection 79-6-412(5) to ensure that:
(a) the proceeds of the loan will be used to pay the cost of the project; and
(b) the project will be completed.
(7) The office shall administer and enforce a loan under this section according to the terms of the loan agreement.
As used in this part:
(1) "Applicant" means a person that conducts business in the state and that applies for a tax credit under this part.
(2)
(a) "District energy system" means equipment and facilities that:
(i) use one or more thermal energy sources to provide:
(A) space heating;
(B) hot water; or
(C) space cooling; and
(ii) deliver services through a distribution system.
(b) "District energy system" includes:
(i) plants;
(ii) equipment;
(iii) distribution piping;
(iv) apparatus; and
(v) other facilities used to provide space heating, hot water, or space cooling.
(3)
(a) "Energy delivery project" means a project that is designed to:
(i) increase the capacity for the delivery of energy to a user of energy inside or outside the state;
(ii) increase the capability of an existing energy delivery system or related facility to deliver energy to a user of energy inside or outside the state;
(iii) increase the production and delivery of geothermal energy through horizontal drilling to create injection and production wells;
(iv) increase the capacity for recovery of thermal energy for a heating or cooling system through a district energy system; or
(v) increase storage capacity of refined hydrocarbon products.
(b) "Energy delivery project" includes:
(i) a hydroelectric energy storage system;
(ii) a utility-scale battery storage system;
(iii) a nuclear power generation system;
(iv) a district energy system; or
(v) development of a pipeline and related infrastructure for transmission of refined hydrocarbons for storage in a solution-mined subsurface salt cavern.
(4) "Emissions reduction project" means a project that is designed to reduce the emissions of an existing electrical generation facility, refinery, smelter, kiln, mineral processing facility, manufacturing facility, oil or gas production facility, or other industrial facility, by utilizing selective catalytic reduction technology, carbon capture utilization and sequestration technology, or any other emissions reduction technology or equipment.
(5) "Fuel standard compliance project" means a project designed to retrofit a fuel refinery in order to make the refinery capable of producing fuel that complies with the United States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40 C.F.R. Sec. 79.54.
(6) "High cost infrastructure project" means:
(a) for an energy delivery project, fuel standard compliance project, mineral processing project, or underground mine infrastructure project, a project:
(i)
(A) that expands or creates new industrial, mining, manufacturing, or agriculture activity in the state, not including a retail business;
(B) that involves new investment of at least $50,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the first or second class;
(C) that involves new investment of at least $25,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the third, fourth, fifth, or sixth class, or a municipality with a population of 10,000 or less located within a county of the second class;
(D) that involves new investment of at least $10,000,000 for the construction of a plant or facility for thermal energy production of heating or cooling used in a district energy system; or
(E) for the construction of a plant or other facility for the storage or production of fuel used for transportation, electricity generation, or industrial use;
(ii) that requires or is directly facilitated by infrastructure construction; and
(iii) for which the cost of infrastructure construction to the entity creating the project is greater than:
(A) 10% of the total cost of the project; or
(B) $10,000,000; and
(b) for an emissions reduction project, water purification project, or water resource forecasting project, a project:
(i) that involves:
(A) new investment of at least $50,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the first or second class; or
(B) new investment of at least $25,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the third, fourth, fifth, or sixth class, or a municipality with a population of 10,000 or less located within a county of the second class; and
(ii) that requires or is directly facilitated by infrastructure construction.
(7) "Infrastructure" means:
(a) an energy delivery project;
(b) a railroad as defined in Section 54-2-1;
(c) a fuel standard compliance project;
(d) a road improvement project;
(e) a water self-supply project;
(f) a water removal system project;
(g) a solution-mined subsurface salt cavern;
(h) a project that is designed to:
(i) increase the capacity for water delivery to a water user in the state; or
(ii) increase the capability of an existing water delivery system or related facility to deliver water to a water user in the state;
(i) an underground mine infrastructure project;
(j) an emissions reduction project;
(k) a mineral processing project;
(l) a district energy system project;
(m) a water purification project; or
(n) a water resource forecasting project.
(8)
(a) "Infrastructure cost-burdened entity" means an applicant that enters into an agreement with the office that qualifies the applicant to receive a tax credit as provided in this part.
(b) "Infrastructure cost-burdened entity" includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (8)(a).
(9) "Infrastructure-related revenue" means an amount of tax revenue, for an entity creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high cost infrastructure project, under:
(a) Subsection 59-24-103.5(2)(e);
(b) Title 59, Chapter 5, Part 1, Oil and Gas Severance Tax;
(c) Title 59, Chapter 5, Part 2, Mining Severance Tax;
(d) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(e) Title 59, Chapter 10, Individual Income Tax Act; and
(f) Title 59, Chapter 12, Sales and Use Tax Act.
(10) "Mineral processing project" means a project that is designed to:
(a) process, smelt, refine, convert, separate, or otherwise beneficiate metalliferous minerals as defined in Section 59-5-201 or a metalliferous compound as defined in Section 59-5-202;
(b) calcine limestone or manufacture cement;
(c) process, refine, or otherwise beneficiate chloride compounds, salts, potash, gypsum, sulfur or sulfuric acid, ammonium nitrate, phosphate, or uintaite; or
(d) convert or gasify coal to recover chemical compounds, gases, or minerals.
(11) "Office" means the Office of Energy Development created in Section 79-6-401.
(12) "Tax credit" means a tax credit under Section 59-5-305, 59-7-619, or 59-10-1034.
(13) "Tax credit certificate" means a certificate issued by the office to an infrastructure cost-burdened entity that:
(a) lists the name of the infrastructure cost-burdened entity;
(b) lists the infrastructure cost-burdened entity's taxpayer identification number;
(c) lists, for a taxable year, the amount of the tax credit authorized for the infrastructure cost-burdened entity under this part; and
(d) includes other information as determined by the office.
(14)
(a) "Underground mine infrastructure project" means a project that:
(i) is designed to create permanent underground infrastructure to facilitate underground mining operations; and
(ii) services multiple levels or areas of an underground mine or multiple underground mines.
(b) "Underground mine infrastructure project" includes:
(i) an underground access or a haulage road, entry, ramp, or decline;
(ii) a vertical or incline mine shaft;
(iii) a ventilation shaft or an air course; or
(iv) a conveyor or a truck haulageway.
(15) "Water purification project" means a project that, in order to meet applicable quality standards established under Title 19, Chapter 5, Water Quality Act, is designed to reduce the existing total dissolved solids or other naturally existing impurities contained in water sources:
(a) located at a distance of not less than 2,000 feet below the surface;
(b) associated with existing mineral operations; or
(c) associated with deep water mining operations designed primarily for the revitalization of the Great Salt Lake.
(16) "Water resource forecasting project" means a project that includes a network of permanent physical data collection systems designed to improve forecasting for the availability of seasonal water flows within the state, including flash flooding and other event-driven water flows resulting from localized severe weather events.
(1)
(a) Before the office enters into an agreement described in Subsection (3) with an applicant regarding a project, the office, in consultation with the Utah Energy Infrastructure Board created in Section 79-6-902, and other state agencies as necessary, shall, in accordance with the procedures described in Section 79-6-604, certify:
(i) that the project meets the definition of a high cost infrastructure project under this part;
(ii) that the high cost infrastructure project will generate infrastructure-related revenue;
(iii) the economic life of the high cost infrastructure project; and
(iv) that the applicant has received a certificate of existence from the Division of Corporations and Commercial Code.
(b)
(i) Except as provided in Subsection (1)(b)(ii), the office shall consider a project to be a new project, for purposes of determining whether a project meets the definition of a high cost infrastructure project, if the project began no earlier than the taxable year before the year in which the applicant submits an application or a preliminary application for a tax credit.
(ii) For the taxable year beginning on or after January 1, 2025, and beginning before January 1, 2026, the office may consider a project to be a new project if the applicant applies for a tax credit in accordance with Subsection (5)(a).
(2)
(a) Before the office enters into an agreement described in Subsection (3) with an applicant regarding a project, the Utah Energy Infrastructure Board shall evaluate the project's net benefit to the state, including:
(i) whether the project is likely to increase the property tax revenue for the municipality or county where the project will be located;
(ii) whether the project would contribute to the economy of the state and the municipality, tribe, or county where the project will be located;
(iii) whether the project would provide new infrastructure for an area where the type of infrastructure the project would create is underdeveloped;
(iv) whether the project is supported by a business case for providing the revenue necessary to finance the construction and operation of the project;
(v) whether the project would have a positive environmental impact on the state;
(vi) whether the project promotes responsible energy development;
(vii) whether the project would upgrade or improve an existing entity in order to ensure the entity's continued operation and economic viability;
(viii) whether the project is less likely to be completed without a tax credit issued to the applicant under this part; and
(ix) other relevant factors that the board specifies in the board's evaluation.
(b) Before the office enters into an agreement described in Subsection (3) with an applicant regarding an energy delivery project, in addition to the criteria described in Subsection (2)(a) the Utah Energy Infrastructure Board shall determine that the project:
(i) is strategically situated to maximize connections to an energy source project located in the state that is:
(A) existing;
(B) under construction;
(C) planned; or
(D) foreseeable;
(ii) is supported by a project plan related to:
(A) engineering;
(B) environmental issues;
(C) energy production;
(D) load or other capacity; and
(E) any other issue related to the building and operation of energy delivery infrastructure; and
(iii) complies with the regulations of the following regarding the building of energy delivery infrastructure:
(A) the Federal Energy Regulatory Commission;
(B) the North American Electric Reliability Council; and
(C) the Public Service Commission of Utah.
(c) The Utah Energy Infrastructure Board may recommend that the office deny an applicant a tax credit if, as determined by the Utah Energy Infrastructure Board:
(i) the project does not sufficiently benefit the state based on the criteria described in Subsection (2)(a); or
(ii) for an energy delivery project, the project does not satisfy the conditions described in Subsection (2)(b).
(3) Subject to the procedures described in Section 79-6-604, if an applicant meets the requirements of Subsection (1) to receive a tax credit, and the applicant's project receives a favorable recommendation from the Utah Energy Infrastructure Board under Subsection (2), the office shall enter into an agreement with the applicant to authorize the tax credit in accordance with this part.
(4) The office shall grant a tax credit to an infrastructure cost-burdened entity, for a high cost infrastructure project, under an agreement described in Subsection (3):
(a) for the lesser of:
(i) the economic life of the high cost infrastructure project;
(ii) 20 years; or
(iii) a time period, the first taxable year of which is the taxable year when the construction of the high cost infrastructure project begins and the last taxable year of which is the taxable year in which the infrastructure cost-burdened entity has recovered, through the tax credit, an amount equal to:
(A) 50% of the cost of the infrastructure construction associated with the high cost infrastructure project; or
(B) if the high cost infrastructure project is a fuel standard compliance project, 30% of the cost of the infrastructure construction associated with the high cost infrastructure project;
(b) except as provided in Subsections (4)(a) and (d), in a total amount equal to 30% of the high cost infrastructure project's total infrastructure-related revenue over the time period described in Subsection (4)(a);
(c) for a taxable year, in an amount that does not exceed the high cost infrastructure project's infrastructure-related revenue during that taxable year;
(d) that the infrastructure cost-burdened entity may use against severance tax or income tax, but not both; and
(e) if the high cost infrastructure project is a fuel standard compliance project, in a total amount that is:
(i) determined by the Utah Energy Infrastructure Board, based on:
(A) the applicant's likelihood of completing the high cost infrastructure project without a tax credit; and
(B) how soon the applicant plans to complete the high cost infrastructure project; and
(ii) equal to or less than 30% of the high cost infrastructure project's total infrastructure-related revenue over the time period described in Subsection (4)(a).
(5)
(a) For the taxable year beginning on or after January 1, 2025, and beginning before January 1, 2026, the office shall grant a tax credit certificate to an infrastructure cost-burdened entity:
(i) that applies for a tax credit described in Section 59-5-305;
(ii) that meets the requirements of Subsection (4) except that the first taxable year for which the infrastructure cost-burdened entity claims a tax credit is the taxable year beginning on or after January 1, 2024, and beginning before January 1, 2025; and
(iii) in an amount that does not exceed the high cost infrastructure project's infrastructure-related revenue during the taxable year beginning on or after January 1, 2024, and beginning before January 1, 2025.
(b) The tax credit described in Subsection (5)(a) is in addition to a tax credit for which the infrastructure cost-burdened entity may claim against income tax or severance tax for the taxable year beginning on or after January 1, 2025, and beginning before January 1, 2026.
(6) An infrastructure cost-burdened entity shall, for each taxable year:
(a) file a report with the office showing the high cost infrastructure project's infrastructure-related revenue during the taxable year;
(b) subject to Subsection (8), file a report with the office that is prepared by an independent certified public accountant that verifies the infrastructure-related revenue described in Subsection (6)(a); and
(c) provide the office with information required by the office to certify the economic life of the high cost infrastructure project.
(7) An infrastructure cost-burdened entity shall retain records supporting a claim for a tax credit for the same period of time during which a person is required to keep books and records under Section 59-1-1406.
(8) An infrastructure cost-burdened entity for which a report is prepared under Subsection (6)(b) shall pay the costs of preparing the report.
(9) The office shall certify, for each taxable year, the infrastructure-related revenue generated by an infrastructure cost-burdened entity.
(1) An applicant shall provide the office with:
(a) an application for a tax credit certificate;
(b) documentation that the applicant meets the requirements described in Subsection 79-6-603(1), to the satisfaction of the office, for the taxable year for which the applicant seeks to claim a tax credit; and
(c) documentation that expressly directs and authorizes the State Tax Commission to disclose to the office the applicant's returns and other information concerning the applicant that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code.
(2)
(a) The office shall, for an applicant, submit the documentation described in Subsection (1)(c) to the State Tax Commission.
(b) Upon receipt of the documentation described in Subsection (1)(c), the State Tax Commission shall provide the office with the documentation described in Subsection (1)(c).
(3) If, after the office reviews the documentation from the State Tax Commission under Subsection (2)(b) and the information the applicant submits to the office under Section 79-6-603, the office, in consultation with the Utah Energy Infrastructure Board created in Section 79-6-902, determines that the applicant is not eligible for the tax credit under Section 79-6-603, or that the applicant's documentation is inadequate, the office shall:
(a) deny the tax credit; or
(b) inform the applicant that the documentation supporting the applicant's claim for a tax credit was inadequate and request that the applicant supplement the applicant's documentation.
(4) Except as provided in Subsection (5), if, after the office reviews the documentation described in Subsection (2)(b) and the information described in Subsection 79-6-603(5), the office, in consultation with the Utah Energy Infrastructure Board created in Section 79-6-902, determines that the documentation supporting an applicant's claim for a tax credit adequately demonstrates that the applicant is eligible for the tax credit under Section 79-6-603, the office shall, on the basis of the documentation:
(a) enter, with the applicant, into the agreement described in Subsection 79-6-603(3);
(b) issue a tax credit certificate to the applicant; and
(c) provide a duplicate copy of the tax credit certificate described in Subsection (4)(b) to the State Tax Commission.
(5) The office may deny an applicant a tax credit based on the recommendation of the Utah Energy Infrastructure Board, as provided in Subsection 79-6-603(2).
(6) An infrastructure cost-burdened entity may not claim a tax credit unless the infrastructure cost-burdened entity receives a tax credit certificate from the office.
(7) An infrastructure cost-burdened entity that claims a tax credit shall retain the tax credit certificate in accordance with Subsection 79-6-603(6).
(8) Except for the information that is necessary for the office to disclose in order to make the report described in Section 79-6-605, the office shall treat a document an applicant or infrastructure cost-burdened entity provides to the office as a protected record under Section 63G-2-305.
The office shall report annually to the Public Utilities, Energy, and Technology Interim Committee describing:
(1) the office's success in attracting high cost infrastructure projects to the state and the resulting increase in infrastructure-related revenue under this part;
(2) the amount of tax credits the office has granted or will grant and the time period during which the tax credits have been or will be granted; and
(3) the economic impact on the state by comparing infrastructure-related revenue to tax credits that have been or will be granted under this part.
The office may establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements and procedures for the implementation of this part.
As used in this part:
(1) "Blending stock," "blendstock," or "component" means any liquid compound that is blended with other liquid compounds to produce gasoline.
(2) "Refiner" means any person who owns, leases, operates, controls, or supervises a refinery.
(3) "Refiner tax exemption certification" means a certification issued by the office in accordance with Section 79-6-702.
(4) "Refinery" means a facility where gasoline or diesel fuel is produced, including a facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.
(1)
(a) A refiner that seeks to be eligible for a sales and use tax exemption under Subsection 59-12-104(86) on or after July 1, 2021, shall annually report to the office whether the refiner's facility that is located within the state:
(i) had an average gasoline sulfur level of 10 parts per million (ppm) or less using the formulas prescribed in 40 C.F.R. Sec. 80.1603, excluding the offset for credit use and transfer as prescribed in 40 C.F.R. Sec. 80.1616, during the previous calendar year; or
(ii) for an annual report covering a period before January 1, 2023, if a refiner's facility did not have an average gasoline sulfur level described in Subsection (1)(a)(i) during the previous calendar year, the progress the refiner made during the previous calendar year toward complying with the average gasoline sulfur level described in Subsection (1)(a)(i).
(b) Fuels for which a final destination outside Utah can be demonstrated or that are not subject to the standards and requirements of 40 C.F.R. Sec. 80.1603 as specified in 40 C.F.R. Sec. 80.1601 are not subject to the reporting provisions under Subsection (1)(a).
(2) The office shall issue a refiner tax exemption certification to a refiner on a form prescribed by the State Tax Commission:
(a) beginning July 1, 2021, and ending December 31, 2022, if:
(i) the refiner's refinery that is located within the state had an average gasoline sulfur level described in Subsection (1)(a)(i) during the previous calendar year; or
(ii)
(A) on or before July 1, 2021, the refiner certifies in writing to the office that the refiner's refinery that is located within the state will have an average gasoline sulfur level described in Subsection (1)(a)(i) after December 31, 2024; and
(B) the office determines that the refiner made satisfactory progress during the previous calendar year toward satisfying the refiner's certification described in Subsection (2)(a)(ii)(A); or
(b) after December 31, 2022, if the refiner's refinery that is located within the state had an average gasoline sulfur level described in Subsection (1)(a)(i) during the previous calendar year.
(3)
(a) Within 30 days after the day on which the office receives a complete annual report described in Subsection (1)(a), the office shall:
(i) issue a refiner tax exemption certification to the refiner; or
(ii) notify the refiner in writing that the office has determined the refiner does not qualify for a refiner tax exemption certification and the basis for the office's determination.
(b) A refiner tax exemption certification is valid for one year after the day on which the office issues the refiner tax exemption certification.
(4) The office:
(a) shall accept a copy of a report submitted by a refiner to the Environmental Protection Agency under 40 C.F.R. Sec. 80.1652 as sufficient evidence of the refiner's average gasoline sulfur level; or
(b) may establish another reporting mechanism through rules made under Subsection (5).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules to implement this section.
As used in this part:
(1) "Application" means an application for a tax credit under Title 79, Chapter 6, Part 6, High Cost Infrastructure Development Tax Credit Act.
(2) "Board" means the Utah Energy Infrastructure Board created in Section 79-6-902.
(3) "Electric interlocal entity" means the same as that term is defined in Section 11-13-103.
(4) "Fuel standard compliance project" means the same as that term is defined in Section 79-6-602.
(5) "Office" means the Office of Energy Development created in Section 79-6-401.
(6) "Tax credit" means the same as that term is defined in Section 79-6-602.
(1) There is created within the office the Utah Energy Infrastructure Board that consists of nine members as follows:
(a) subject to Subsection (2), members appointed by the governor:
(i) the director of the Office of Energy Development, who shall serve as chair of the board;
(ii) one member from the Governor's Office of Economic Development;
(iii) one member from a public utility or electric interlocal entity that operates electric transmission facilities within the state;
(iv) one member who resides within a county of the third, fourth, fifth, or sixth class, as classified under Section 17-60-104, with relevant experience in an energy or extraction industry;
(v) one member currently serving as county commissioner of a county of the third, fourth, fifth, or sixth class, as classified under Section 17-60-104; and
(vi) two members of the general public with relevant industry experience;
(b) one member appointed jointly by the Utah Farm Bureau Federation, the Utah Manufacturer's Association, the Utah Mining Association, and the Utah Petroleum Association; and
(c) the director of the School and Institutional Trust Lands Administration created in Section 53C-1-201.
(2) The governor shall consult with the president of the Senate and the speaker of the House of Representatives in appointing the members described in Subsections (1)(a)(iii) through (vi).
(3)
(a) The term of an appointed board member is four years.
(b) Notwithstanding 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 approximately half of the board is appointed every two years.
(c) The governor may remove a member of the board for cause.
(d) The governor shall fill a vacancy in the board in the same manner under this section as the appointment of the member whose vacancy is being filled.
(e) An individual appointed to fill a vacancy shall serve the remaining unexpired term of the member whose vacancy the individual is filling.
(f) A board member shall serve until a successor is appointed and qualified.
(4)
(a) Five members of the board constitute a quorum for conducting board business.
(b) A majority vote of the quorum present is required for an action to be taken by the board.
(5) The board shall meet as needed to review an application.
(6) 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.
(1) Subject to the provisions of this part and in accordance with Title 79, Chapter 6, Part 6, High Cost Infrastructure Development Tax Credit Act, the board shall:
(a) evaluate each application using the criteria described in Subsections 79-6-603(1) and (2);
(b) make recommendations to the office regarding each application; and
(c) for an application related to a fuel standard compliance project, determine the amount of the authorized tax credit using the criteria described in Subsection 79-6-603(4).
(2) The office shall:
(a) oversee the board's performance;
(b) provide the board office space, furnishings, and supplies; and
(c) provide the board staff support.
(3) With the consent of the attorney general, the office may retain legal counsel to advise the board on matters relating to the board's operations.
As used in this part:
(1) "Board" means the Utah Energy Research Board established in Section 79-6-1003.
(2) "Council" means the Utah Energy Council established in Section 79-6-1301.
(3) "Director" means the director of the Office of Energy Development as defined in Section 79-6-401.
(4) "Fund" means the Utah Energy Research Fund established in Section 79-6-1002.
(5) "Institute" means the Utah Advanced Nuclear and Energy Institute established as a partnership between the state, the Idaho National Laboratory, and public and private institutions of higher education located in the state.
(6) "Lab" means the Utah San Rafael Energy Lab established in Section 79-6-1004.
(7) "Lab director" means the director appointed under Section 79-6-1004 to oversee the lab.
(8) "Project proposal" means a formal written submission to the board applying for approval of a specific research initiative conducted at the lab.
(9) "Office" means the Office of Energy Development as defined in Section 79-6-401.
(1) There is created an enterprise fund known as the "Utah Energy Research Fund."
(2) The fund consists of:
(a) grants, entitlements, and other money received by the office from the federal government;
(b) revenues from users of the Utah San Rafael Energy Lab, deposited into the fund under Subsection 79-6-1004(2)(d);
(c) transfers, grants, bequests, and money made available from any source to implement this part; and
(d) money appropriated to the fund by the Legislature.
(3) The money in the fund shall be invested by the state treasurer according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from money in the fund shall be deposited in the fund.
(4) As funding allows, the office may use money in the fund for:
(a) administering the Utah Energy Research Grant Program created in Section 79-6-403; and
(b) funding the ongoing operation of the Utah San Rafael Energy Lab, including compensation for lab staff.
(1) There is established in the office the Utah Energy Research Board that is composed of the following voting board members:
(a) the director, or the director's designee, who shall serve as the chair of the board;
(b) the president, or the president's designee, of each public and private university in the state that is classified as a Research 1 institution by the Carnegie Classification of Institutions of Higher Education;
(c) the commissioner of higher education, as described in Section 53H-1-302, or the commissioner's designee;
(d) one member, who is not a legislator, with experience in the non-regulated energy industry appointed by the speaker of the House of Representatives;
(e) one member, who is not a legislator, with experience in energy commercialization appointed by the president of the Senate;
(f) one member appointed by the governor who resides in a county of the third, fourth, fifth, or sixth class as classified under Section 17-60-104;
(g) one member appointed by the director representing the Idaho National Laboratory; and
(h) two members appointed by the director with relevant expertise in energy research and development.
(2)
(a) The term of an appointed board member is four years.
(b) Notwithstanding Subsection (2)(a), the person making an appointment shall, at the time of appointment or reappointment, adjust the length of board member terms to ensure the terms of board members are staggered so that approximately half of the board is constituted of new members every two years.
(c) The person who appoints a member under Subsection (1) may remove an appointee who was appointed by the person for cause.
(d) The person who appoints a member under Subsection (1) shall fill a vacancy on the board in the same manner as provided in Subsection (1).
(e) An individual appointed to fill a vacancy shall serve the remaining unexpired term.
(f) Unless removed for cause under Subsection (2)(c) a board member shall serve until a successor is appointed.
(3)
(a) A majority of the board constitutes a quorum.
(b) A majority vote of the quorum is required for an action to be taken by the board.
(4) The board shall:
(a) oversee and supervise the management of:
(i) the lab; and
(ii) the institute;
(b) appoint directors for the lab and institute, who shall serve at the pleasure of the board;
(c) establish reasonable compensation for:
(i) the lab director; and
(ii) the institute director;
(d) develop and implement:
(i) bylaws to govern the lab; and
(ii) bylaws to govern the institute;
(e) establish policies for:
(i) joint appointments between the Idaho National Laboratory and public and private institutions of higher education;
(ii) research partnerships between institutions;
(iii) technology commercialization; and
(iv) workforce development initiatives;
(f) foster innovation and support technological development in the energy sector by collaborating with industry leaders, researchers, entrepreneurs, investors, and other stakeholders;
(g) identify areas of economic growth and workforce development opportunities related to emerging energy technologies and solutions;
(h) seek potential investors and partners from the technology, finance, and business sectors to support innovative research and early-stage ventures focused on developing commercially viable energy technologies in the state;
(i) develop evaluation criteria for approving project proposals, with input from the lab director, including:
(i) alignment with state energy policy priorities;
(ii) commercialization potential;
(iii) economic impact; and
(iv) other relevant factors as determined by the board;
(j) approve providing matching grants to applicants under the Utah Energy Research Grant Program created in Section 79-6-403; and
(k) make recommendations to the council regarding funding allocations for:
(i) research projects;
(ii) facility operations;
(iii) workforce development programs; and
(iv) technology commercialization initiatives;
(l) administer the funds allocated by the council to the board;
(m) coordinate energy research activities between:
(i) the lab;
(ii) the institute;
(iii) public and private institutions of higher education;
(iv) the Idaho National Laboratory; and
(v) industry partners;
(n) review and approve annual reports from the lab and institute directors;
(o) report annually to:
(i) the governor;
(ii) the Public Utilities, Energy, and Technology Interim Committee; and
(iii) the Education Interim Committee;
(p) engage with industry partners to:
(i) identify research needs;
(ii) develop workforce programs;
(iii) commercialize technologies; and
(iv) secure additional funding sources;
(q) coordinate with federal agencies on:
(i) research initiatives;
(ii) grant opportunities; and
(iii) regulatory compliance;
(r) provide quarterly reports to the Utah Energy Council regarding:
(i) ongoing research projects and the research projects' alignment with state energy goals;
(ii) potential commercialization opportunities;
(iii) emerging technologies and the potential impact on the state's energy landscape; and
(iv) recommendations for policy changes or initiatives to support energy innovation; and
(s) coordinate with the council on:
(i) strategic planning for statewide energy research initiatives;
(ii) identifying priority research areas that align with state energy policy;
(iii) developing frameworks for public-private partnerships in energy research; and
(iv) establishing metrics for measuring research outcomes and impact.
(5) 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.
(6) The board shall meet at least quarterly and may hold additional meetings as necessary to review project proposals.
(1) There is established within the office a program and facility known as the Utah San Rafael Energy Lab to facilitate innovative energy research and development projects.
(2) The lab shall:
(a) receive and evaluate project proposals;
(b) submit recommendations to the board for approval regarding specific project proposals based on the lab's evaluation;
(c) conduct innovative energy technology research and development projects that have commercialization potential and support the state's energy policy goals;
(d) enter into financial contracts with entities seeking to use the lab, with revenues deposited into the Utah Energy Research Fund created in Section 79-6-1002;
(e) assess the viability of emerging energy solutions for deployment within the state, considering:
(i) cost-effectiveness;
(ii) dispatchability;
(iii) sustainability;
(iv) reliability; and
(v) environmental impact;
(f) provide analysis and recommendations to policymakers regarding energy system planning, infrastructure needs, and the value of different energy initiatives being considered within the state; and
(g) collaborate with universities, industry partners, entrepreneurs, community representatives, and other research entities.
(1) The lab shall have an open project proposal solicitation process to facilitate innovative energy research and development conducted at the lab that is aligned with the state energy policy.
(2) The lab shall receive project proposals from:
(a) academics and research faculty from universities and research institutions;
(b) private sector companies, including technology entrepreneurs and small businesses;
(c) government agencies and national laboratories;
(d) nonprofit organizations and foundations engaged in energy research; and
(e) other qualified research teams.
(3)
(a) The lab shall evaluate the feasibility, merit, and potential impact of project proposals received under Subsection (2).
(b) After evaluating the project proposals, the lab shall submit recommendations to the board for specific project proposals that the lab advises approving, based on the evaluation criteria.
(4) The board shall review the project proposals and recommendations submitted by the lab and make final decisions on approval of project proposals for funding and implementation, based on criteria developed by the board under Section 79-6-1003.
(5) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing detailed project proposal evaluation criteria and selection procedures.
(1) As used in this part:
(a) "Council" means the Utah Energy Council created in Section 79-6-1101.
(b) "Decommissioned asset" means a project entity asset that:
(i) has been removed from active service by a project entity;
(ii) has been transferred to the council, including:
(A) transfer of legal title; and
(B) transfer of operational responsibility; and
(iii) will be operated and managed under the direction of the council.
(c) "District" means the Utah Energy Infrastructure Service District created under Section 17B-2a-1403.
(d) "Operator" means an entity that:
(i) manages and maintains the daily operations of an electrical generation facility;
(ii) employs the workforce necessary to run the facility;
(iii) procures fuel and other necessary supplies;
(iv) ensures compliance with all applicable regulations; and
(v) maintains the reliability of power generation.
(e) "Project entity" means the same as that term is defined in Section 11-13-103.
(f) "Project entity asset" means the same as that term is defined in Section 11-13-318.
(g) "State energy financing institution" means the same as that term is defined in 10 C.F.R. 609.2.
(2) There is created within the office the Utah Energy Council.
(3) The purpose of the council is to facilitate the development of electrical energy generation and transmission projects within the state, including:
(a) power plants;
(b) transmission lines;
(c) energy storage facilities; and
(d) related infrastructure.
(4) The council is a state energy financing institution for purposes of accessing federal programs available to state energy financing institutions, including programs under 10 C.F.R. Part 609.
(1) The council shall be composed of:
(a) the director or the director's designee;
(b) two individuals appointed by the governor;
(c) one individual appointed by the president of the Senate;
(d) one individual appointed by the speaker of the House of Representatives;
(e) two individuals appointed by the members described in Subsections (1)(a) through (d), each of whom have experience in one or more of the following:
(i) economic development, including support for existing or new industries that are critical to the state;
(ii) public utilities, including utility operations, management, regulation, or policy;
(iii) bonding or public financing, including municipal bond issuance, project finance, or public-private partnerships; or
(iv) relevant legal matters, including energy law, public finance law, utility regulation, or securities law.
(2)
(a) Except as provided in Subsection (2)(b), a council member appointed under Subsection (1):
(i) shall serve a four-year term;
(ii) may be removed by the appointing authority;
(iii) may be reappointed; and
(iv) continues to serve until the member's successor is appointed and qualified.
(b) Initial terms for the appointed council members shall be staggered as follows:
(i) one member appointed by the governor under Subsection (1)(b) shall serve a two-year term;
(ii) one member appointed by the governor under Subsection (1)(b) shall serve a three-year term;
(iii) the member appointed by the president of the Senate under Subsection (1)(c) shall serve a four-year term; and
(iv) the member appointed by the speaker of the House of Representatives under Subsection (1)(d) shall serve a two-year term.
(c) A member appointed under Subsection (1)(e) may be removed by majority vote of the council members appointed under Subsections (1)(a) through (1)(d).
(3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the relevant appointing authority for the unexpired term.
(4)
(a) Until July 1, 2026, the director, or the director's designee, shall serve as chair of the council.
(b) Beginning on July 1, 2026:
(i) the director, or the director's designee, shall serve as a co-chair of the council; and
(ii) the president of the Senate and the speaker of the House of Representatives shall jointly designate one member of the council described in Subsections (1)(b) through (1)(e) to serve as a co-chair of the council.
(c) The co-chair designated under Subsection (4)(b)(ii) may be removed as co-chair and replaced by joint designation of the president of the Senate and the speaker of the House of Representatives.
(5)
(a) A majority of council members constitutes a quorum for conducting council business.
(b) A majority vote of the quorum present is required for any action taken by the council.
(6) The council shall meet:
(a) at least quarterly; and
(b) at the call of a co-chair or a majority of the council members.
(7)
(a) A council member who is not a legislator may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(b) Compensation and expenses of a council member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(8) The office shall provide staff support to the council.
(9)
(a) Each member of the council serves concurrently as a member of the board of trustees of the district by virtue of the member's appointment to the council.
(b) Service on the board is concurrent with and coterminous with service on the council and does not constitute a separate appointment or give rise to additional compensation.
(1) The council shall:
(a) coordinate and facilitate electrical energy project development, including:
(i) site identification and permitting;
(ii) early site preparation work;
(iii) infrastructure improvements;
(iv) project financing assistance; and
(v) stakeholder coordination;
(b) assess and facilitate electrical energy infrastructure development by:
(i) evaluating infrastructure needs and opportunities;
(ii) coordinating with transmission and pipeline developers;
(iii) supporting utility planning efforts; and
(iv) coordinating with federal agencies;
(c) establish and implement:
(i) strategic plans for energy development;
(ii) frameworks for stakeholder engagement;
(iii) processes for designating electrical energy development zones; and
(iv) criteria for evaluating proposed electrical energy development zones;
(d) review and approve:
(i) research project proposals from the board; and
(ii) funding allocations recommended by the board;
(e) consult with state land use authorities regarding:
(i) identification of state lands suitable for electrical energy development;
(ii) designation of electrical energy development zones; and
(iii) opportunities for coordinated development of electrical energy projects on state lands;
(f) administer the Electrical Energy Development Investment Fund created in Section 79-6-1105;
(g) make recommendations regarding electrical energy policy to state and local governments;
(h) identify and recommend solutions to barriers affecting electrical energy development;
(i) assess and address potential public health impacts of electrical energy development zones;
(j) enter into contracts necessary to fulfill the council's duties;
(k) report annually by October 31 to the Public Utilities, Energy, and Technology Interim Committee and the Natural Resources, Agriculture, and Environment Interim Committee regarding:
(i) the council's activities;
(ii) energy development opportunities;
(iii) infrastructure needs;
(iv) the status of designated electrical energy development zones;
(v) recommendations for how the property tax differential revenue collected under Section 79-6-1104 should be divided and distributed between the state, counties, and municipalities;
(vi) investment decisions made by the council;
(vii) recommended policy changes; and
(viii) recommendations regarding nuclear fuel recycling facility development;
(l) create and implement a strategic plan for a decommissioned asset, taking into consideration:
(i) the state energy policy, as provided in Section 79-6-301;
(ii) reliability of electrical generation; and
(iii) economic viability;
(m) establish policies and procedures for the management of a decommissioned asset;
(n) administer contracts for the management and operations of a decommissioned asset;
(o) enter into contracts necessary for the operation and management of a decommissioned asset;
(p) acquire, hold, and dispose of property related to a decommissioned asset;
(q) select an operator for a decommissioned asset as provided in Section 79-6-1107;
(r) report annually to the Legislative Management Committee regarding:
(i) the status and progress of the asset transfer;
(ii) operational and financial status of the asset under council control;
(iii) status of the operator contract;
(iv) environmental compliance status; and
(v) recommendations for legislation; and
(s) designate a service area for the district as provided in Section 17B-2a-1405.
(2) The council may create the Utah Energy Infrastructure Service District as provided in Section 17B-2a-1403.
(3) The council shall negotiate with the applicable county or municipality regarding the distribution of property tax differential revenue collected under Section 79-6-1104.
(4) Any portion of the property tax differential that is not distributed to the council shall be distributed to the applicable county or municipality for impact mitigation and affordable housing.
(5)
(a) The portion of the property tax differential that is distributed to the municipality shall be used for:
(i) at least 10% of the total distribution shall be used for affordable housing programs; and
(ii) the remaining portion shall be used to mitigate impacts within the municipality resulting from electrical energy development.
(b) The portion of the property tax differential that is distributed to the county shall be used for:
(i) at least 10% of the total distribution shall be placed in a registered non-profit established to administer housing programs on behalf of an association representing 10 or more counties in the state; and
(ii) the remaining portion shall be used to mitigate impacts within the county resulting from electrical energy development.
(6) If the council acquires a project entity asset under Section 11-13-318, the council shall enter into an agreement with the project entity that:
(a) provides for the transfer, disposition, and future operation of the asset; and
(b) ensures the transfer, disposition, and future operation does not interfere with the project entity's ownership or operation of electrical generation facilities powered by natural gas, hydrogen, or a combination of natural gas and hydrogen.
(1) As used in this section:
(a) "Base taxable value" means the value of property within an electrical energy development zone, as shown on the assessment roll last equalized before the creation of the electrical energy development zone.
(b) "Community reinvestment agency" means the same as that term is defined in Section 17C-1-102.
(c) "Community reinvestment project area" means the same as that term is defined in Section 17C-1-102.
(d) "Municipal power project" means an electrical energy project that:
(i) is operated by or on behalf of a municipality; and
(ii) exclusively serves customers within that municipality's jurisdictional boundaries.
(e) "Property tax differential" means the difference between:
(i) the amount of property tax revenues generated each tax year by all taxing entities from an electrical energy development zone, using the current assessed value of the property; and
(ii) the amount of property tax revenues that would be generated from that same area using the base taxable value of the property.
(f) "Regional economic development authority" means:
(i) the Utah Inland Port Authority created in Section 11-58-201;
(ii) the Military Installation Development Authority created in Section 63H-1-201;
(iii) the School and Institutional Trust Lands Administration created in Section 53C-1-201; or
(iv) any other land use authority created by the state that has jurisdiction over state lands.
(2)
(a) Except as provided in Subsection (2)(b), a county or municipality may not offer financial incentives for a baseload electrical energy project that is not located within a designated electrical energy development zone.
(b) Subsection (2)(a) does not apply to:
(i) financial incentives offered for:
(A) a municipal power project;
(B) an electrical energy project that exclusively utilizes intermittent resources; or
(C) an electrical energy project that is not a nuclear energy project; or
(ii) an electrical energy project for which a project area plan has been approved before July 1, 2026.
(3) A county or municipality may:
(a) pass a resolution declaring an intent to establish within the county or municipality boundaries an energy development zone;
(b) enter into an interlocal agreement with the council outlining each parties' responsibilities relating to an energy development zone; and
(c) apply to the council for the designation of an electrical energy development zone by submitting:
(i) a description of the proposed boundaries of the electrical energy development zone;
(ii) an assessment of existing electrical energy infrastructure within and proximate to the proposed electrical energy development zone;
(iii) a development plan that includes:
(A) proposed electrical energy development projects;
(B) anticipated infrastructure improvements;
(C) projected economic benefits to the county; and
(D) evidence of local support including any interlocal agreement entered into between the county or municipality and the council, as applicable;
(iv) if the applicant is a municipality, evidence of coordination with the county in which the proposed electrical energy development zone is located, including any interlocal agreement entered into between the county or municipality and the council, as applicable;
(v) if the applicant is a county and any portion of the proposed electrical energy development zone is within the boundaries of a municipality, evidence of an agreement with the municipality regarding the establishment of the electrical energy development zone; and
(vi) any other information required by the council.
(4) A regional economic development authority may:
(a) propose an electrical energy development zone within lands under the regional economic development authority's jurisdiction; and
(b) apply to the council for the designation of an electrical energy development zone by submitting:
(i) a description of the proposed boundaries of the electrical energy development zone;
(ii) an assessment of existing electrical energy infrastructure within and proximate to the proposed electrical energy development zone;
(iii) a development plan that includes:
(A) proposed electrical energy development projects;
(B) anticipated infrastructure improvements; and
(C) projected economic benefits;
(iv) evidence that the proposed zone is consistent with applicable land use plans and regulations; and
(v) any other information required by the council.
(5) The council shall:
(a) approve an application for electrical energy development zone designation if the application demonstrates:
(i) the proposed electrical energy development zone includes land suitable for electrical energy development based on:
(A) access to electrical energy resources;
(B) proximity to existing or planned transmission infrastructure;
(C) adequate transportation access; and
(D) sufficient land area for proposed development; and
(ii) the development plan:
(A) aligns with state energy policy under Section 79-6-301;
(B) includes realistic timelines and milestones;
(C) identifies specific infrastructure improvements; and
(D) quantifies projected economic benefits;
(b) make a determination on an application within 60 days of submission;
(c) provide written notice to the county or municipality explaining the basis for approval or denial;
(d) if an electrical energy development zone overlaps with an area designated by a community reinvestment agency as a community reinvestment project area as of May 7, 2025, enter into an agreement with the community reinvestment agency to determine the percentage division of the property tax differential between:
(i) the Electrical Energy Development Investment Fund; and
(ii) the community reinvestment agency; and
(e) if an electrical energy development zone overlaps with an inland port project, enter into an agreement with the Utah Inland Port Authority to determine the percentage division of the property tax differential between:
(i) the Electrical Energy Development Investment Fund; and
(ii) the Utah Inland Port Authority created in Section 11-58-201.
(6) Within 30 days after the council designates an electrical energy development zone:
(a) the county auditor shall certify to the council the base taxable value of property within the electrical energy development zone; and
(b) the county shall transmit to the council copies of the property tax assessment rolls for all property within the electrical energy development zone.
(7)
(a) Each year, the county auditor shall:
(i) determine the amount of the property tax differential for the electrical energy development zone by comparing:
(A) the current assessed value of property within the electrical energy development zone; and
(B) the base taxable value of property within the electrical energy development zone;
(ii) inform the county treasurer of the property tax differential amount; and
(iii) provide notice to the council of the amount calculated under this Subsection (7)(a).
(b) The county treasurer shall transfer the property tax differential to the council for deposit into the Electrical Energy Development Investment Fund created in Section 79-6-1105, subject to any agreements entered into under Subsections (5)(d) and (5)(e).
(c) The county treasurer shall make distributions required under this section:
(i) at the same time as regular annual property tax distributions; and
(ii) using the same method as other property tax distributions.
(8) For property tax differential not subject to Subsection (5)(d) the council may enter into agreements with taxing entities regarding the allocation of the property tax differential.
(9) If an electrical energy development zone designated under this section overlaps with an existing or proposed service area of the district, the council shall note the overlap in the zone designation resolution.
(1) There is created a special revenue fund known as the "Electrical Energy Development Investment Fund."
(2) The fund consists of:
(a) property tax differential revenue collected under Section 79-6-1104;
(b) revenue from the radioactive waste facility expansion tax collected under Section 59-24-103.8; and
(c) revenue from a tax on new generators of radioactive waste as described in Subsection 59-24-103.5(3).
(3) The council shall:
(a) administer the fund; and
(b) use fund money only as authorized under Section 79-6-1106.
(1)
(a) Subject to legislative appropriation, the council may use fund money to:
(i) facilitate electrical energy infrastructure development within the state, including:
(A) transmission and distribution lines;
(B) pipeline development;
(C) energy storage facilities;
(D) generation facilities;
(E) related infrastructure;
(F) to fund research, site selection, permitting, public outreach, and other activities related to the development of nuclear energy; and
(G) district energy systems as defined in Section 79-6-602;
(ii) provide matching funds for federal energy development grants;
(iii) support energy workforce development programs;
(iv) provide incentives for electrical energy development projects;
(v) pay for administrative expenses related to the council's duties; and
(vi) provide project financing and matching grants for entities participating in a campus as described in Section 79-6-1504.
(b) Except as provided in Subsection (2), fund money derived from the radioactive waste facility expansion tax revenue collected under Section 59-24-103.8 is prioritized for activities related to the development of nuclear energy.
(2) Subject to legislative appropriation, the Department of Environmental Quality created in Section 19-1-104 may use up to 10% of fund money derived from the radioactive waste facility expansion tax revenue collected under Section 59-24-103.8 for energy-related permitting reforms.
(1) The council shall initiate the selection of an operator for a decommissioned asset by:
(a) issuing a request for proposals; and
(b) publishing the request for proposals on the Utah Public Notice Website created under Section 63A-16-601.
(2) The request for proposals shall specify that an entity must demonstrate:
(a) at least 10 years of experience operating coal-fired electrical generation facilities;
(b) a commitment to maintaining substantial operations within the state;
(c) financial capability to operate and maintain the facility;
(d) experience with similar coal types and specifications;
(e) proven capability to comply with state and federal environmental requirements;
(f) existing relationships with regional transmission organizations;
(g) ability to maintain reliable baseload power generation;
(h) experience with western coal markets and transportation;
(i) capability to retain the existing skilled workforce; and
(j) ability to integrate operations with existing transmission infrastructure.
(3) The council shall:
(a) allow at least 60 days for the submission of proposals; and
(b) establish or contract with a technical review committee to evaluate proposals.
(4) In evaluating proposals, the council shall consider:
(a) operational efficiency metrics from similar facilities;
(b) proposed operational cost structure;
(c) economic considerations;
(d) reliability and availability guarantees;
(e) environmental compliance history and plans;
(f) workplace safety record and plans;
(g) local economic benefit commitments;
(h) proposed timeline for assuming operations; and
(i) the long term power needs of the state and residents of the state.
(5) Nothing in this section:
(a) requires the council to select any proposal; or
(b) prevents the council from:
(i) rejecting all proposals; or
(ii) terminating the request for proposals process.
(1) There is created the Nuclear Energy Consortium to advise the office and the Legislature on nuclear energy development in the state.
(2) The consortium consists of:
(a) one member of the Senate, appointed by the president of the Senate;
(b) one member of the House of Representatives, appointed by the speaker of the House of Representatives;
(c) the following members or designees:
(i) the director of the Office of Energy Development, who shall serve as chair;
(ii) the executive director of the Department of Environmental Quality;
(iii) the chair of the Public Service Commission; and
(iv) the executive director of the Department of Natural Resources; and
(d) additional members with expertise in nuclear energy development appointed by the director, including representatives from areas or entities such as:
(i) public and private institutions of higher education;
(ii) the Idaho National Laboratory;
(iii) the Nuclear Regulatory Commission;
(iv) other federal entities as determined by the director;
(v) nuclear fuel mining and milling;
(vi) nuclear fuel manufacturing;
(vii) nuclear technology providers;
(viii) utility companies;
(ix) energy off-takers;
(x) workforce development;
(xi) nuclear safety;
(xii) research and development; and
(xiii) nuclear waste management.
(3)
(a) A member appointed under Subsection (2)(a) may be removed by the president of the Senate.
(b) A member appointed under Subsection (2)(b) may be removed by the speaker of the House of Representatives.
(c) A member appointed under Subsection (2)(d) may be removed by the director.
(4) The consortium shall meet at least quarterly.
(5) A majority of consortium members constitutes a quorum for conducting consortium business.
(6) The office shall provide staff support to the consortium.
(7) A consortium member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(1) The consortium shall:
(a) provide knowledge and expertise to assist the office regarding nuclear energy technologies, safety, and development; and
(b) develop recommendations regarding policy pertaining to:
(i) nuclear energy development in the state;
(ii) incentives for nuclear energy related industries in the state including industrial process applications and other beneficial uses of nuclear technology;
(iii) partnerships between entities engaged in or supporting nuclear energy development, including public and private sector collaboration; and
(iv) the appropriate regulatory framework for nuclear energy development in the state.
(2) The office, in consultation with the consortium and the Division of Waste Management and Radiation Control, shall conduct a comprehensive analysis of the Utah Code and the Utah Administrative Code to identify any provision that would inhibit the state's ability to host a campus described in Section 79-6-1504.
(3) The analysis required under Subsection (2) shall evaluate barriers related to:
(a) the siting and operation of facilities for the full nuclear fuel lifecycle;
(b) the co-location of advanced manufacturing, data centers, or high-heat industrial processes with nuclear power generation;
(c) potential conflicts between state radiation control regulations in Title 19, Chapter 3, Radiation Control Act, and federal Nuclear Regulatory Commission standards for advanced reactor types; and
(d) state-level permitting timelines that may impede deployment of advanced nuclear technologies.
(4) On or before October 31, 2026, the office shall submit a report to the Public Utilities, Energy, and Technology Interim Committee that includes:
(a) a summary of the findings from the analysis described in Subsection (2);
(b) specific recommendations for legislative or rule changes to remove identified barriers; and
(c) a proposed framework for creating a nuclear innovation zone to provide streamlined regulatory oversight for a campus.
(5) The office shall report annually on duties performed by the consortium on or before November 30 to the Public Utilities, Energy, and Technology Interim Committee.
As used in this part:
(1)
(a) "Carbon credit" means a payment or offer of payment, or other financial compensation or benefit, for a carbon emission offset.
(b) "Carbon credit" includes a natural asset credit.
(c) "Carbon credit" does not include a payment or offer of payment related to:
(i) a right or interest associated with a regulated pollutant, as that term is defined in Title V of the 1990 Clean Air Act; or
(ii) an industrial or commercial use of liquefied carbon dioxide.
(2) "Carbon emission offset" means:
(a) a reduction in the amount of greenhouse gas present in the atmosphere; or
(b) an amount of greenhouse gas prevented from entering the atmosphere.
(3) "Digital identification number" means an identification number assigned to a carbon credit by a governmental or accredited third-party verification entity that certifies or registers a carbon credit for sale or exchange.
(4) "Greenhouse gas" means:
(a) carbon dioxide or a gas emission converted into a carbon dioxide equivalent; or
(b) methane.
(5) "Natural asset company" means the same as that term is defined in Section 63L-13-101.
(6)
(a) "Natural asset credit" means a payment or offer of payment, or other financial compensation or benefit:
(i) for the preservation of a natural and biological process on a parcel of land; or
(ii) by a natural asset company for an activity described in Section 63L-13-203.
(b) "Natural asset credit" does not include:
(i) the commercial extraction, production, or sale of a natural or agricultural resource; or
(ii) a right or interest associated with the beneficial use or appropriation of water.
(7) "State entity" means a department, commission, board, council, agency, institution of higher education, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(8)
(a) "State funds" means:
(i) money appropriated by the Legislature; and
(ii) a bond issued by a state entity that creates a carbon emission offset.
(b) "State funds" does not include money or financial benefit in the form of:
(i) a tax incentive;
(ii) a permit or an activity related to the development of a permit issued by a state entity; or
(iii) a federal grant administered by a state entity.
(1) Before a state entity may sell or exchange a carbon credit, the state entity shall:
(a) obtain a digital identification number for the carbon credit; and
(b) report to the state auditor, in a form and manner approved by the state auditor:
(i) a digital identification number for the carbon credit;
(ii) a description of the carbon emission offset, including the source of the carbon emission offset, that is the subject of the carbon credit; and
(iii) the terms of a negotiated sale or exchange of the carbon credit with an attempted buyer.
(2) Before November 30 of each year, the state auditor shall report to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee:
(a) the revenue generated from the sale of carbon credits by state entities reported under Subsection (1)(b); and
(b) a summary of the carbon credit transactions reported to the state auditor under Subsection (1)(b).
A carbon credit created or purchased by a state entity shall remain under the control of the state entity.
As used in this part:
(1) "Affiliated group" means one or more chains of corporations or pass-through entities that are connected through ownership by a common parent entity that directly or indirectly controls or owns more than 50% of the outstanding voting stock or ownership interests of each corporation or pass-through entity.
(2) "Commercially operational" means that a wind or solar electric generation facility generates commercial amounts of electricity.
(3) "Eligible facility" means a wind or solar electric generation facility that is:
(a) commercially operational on January 1, 2026;
(b) under construction on January 1, 2026; or
(c) subject to a power purchase agreement or other binding agreement to purchase the output of the wind or solar electric generation facility as of January 1, 2026.
(4) "Energy project assessment" means the assessment imposed in Section 79-6-1402.
(5) "Nameplate capacity" means the sum of the maximum rated outputs of all electrical generating equipment within a facility under specific conditions designated by the manufacturer, as indicated on individual nameplates physically attached to the equipment.
(6) "Pass-through entity" means the same as that term is defined in Section 59-10-1402.
(7) "Renewable energy parent entity" means the parent entity of an affiliated group when an entity in the affiliated group controls, directly or indirectly, a wind or solar electric generation facility in the state.
(8) "Species Protection Account" means the account created in Section 23A-3-214.
(9) "Tax commission" means the State Tax Commission.
(10) "Wind or solar electric generation facility" means a commercially operational facility with the capacity to generate electricity from wind or solar that has not reached the end of the facility's operational life that uses:
(a) wind equipment with a nameplate capacity of at least 20 megawatts of generating alternating current electricity; or
(b) solar equipment with a nameplate capacity of at least 20 megawatts of generating alternating current electricity.
(1) Beginning January 1, 2026, and ending December 31, 2027, each renewable energy parent entity with an eligible facility that is commercially operational in the state shall pay an annual energy project assessment to the tax commission before March 1 of each year.
(2) The amount of the energy project assessment is based on the total number of generating alternating current nameplate capacity megawatts of wind or solar electric generation facilities that are commercially operational in the state at the beginning of the calendar year, and controlled by the renewable energy parent entity, as follows:
(a) for 500 or greater megawatts of operational generating alternating current nameplate capacity, the assessment is $200,000;
(b) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 200 megawatts, but less than 500 megawatts, the assessment is $175,000;
(c) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 100 megawatts, but less than 200 megawatts, the assessment is $125,000;
(d) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 50 megawatts, but less than 100 megawatts, the assessment is $50,000; and
(e) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 20 megawatts, but less than 50 megawatts, the assessment is $25,000.
(3) The office shall annually determine the amount of energy project assessment each renewable energy parent entity owes under this section and report that amount to the tax commission to be collected in accordance with Section 79-6-1403.
(4) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to create procedures for assessing and reporting the amounts to be collected under this section.
(1) Beginning January 1, 2027, and ending December 31, 2028, each renewable energy parent entity with an eligible facility that is commercially operational in the state shall pay an annual recycling study assessment to the tax commission before March 1 of each year.
(2) The amount of the recycling study assessment described in Subsection (1) is based on the total number of generating alternating current nameplate capacity megawatts of wind or solar electric generation facilities that are commercially operational in the state at the beginning of the calendar year, and controlled by the renewable energy parent entity, as follows:
(a) for 500 or greater megawatts of operational generating alternating current nameplate capacity, the assessment is $20,000;
(b) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 200 megawatts, but less than 500 megawatts, the assessment is $17,500;
(c) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 100 megawatts, but less than 200 megawatts, the assessment is $12,500;
(d) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 50 megawatts, but less than 100 megawatts, the assessment is $5,000; and
(e) for megawatts of operational generating alternating current nameplate capacity equal to or greater than 20 megawatts, but less than 50 megawatts, the assessment is $2,500.
(3) The office shall:
(a) annually determine the amount of recycling study assessment each renewable energy parent entity owes under this section; and
(b) report the amount described in Subsection (3)(a) to the tax commission to be collected in accordance with Section 79-6-1403.
(4) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to create procedures for assessing and reporting the amounts to be collected under this section.
(1) The tax commission shall administer, collect, and enforce the energy project assessment and recycling study assessment collected under this part in accordance with Title 59, Chapter 1, General Taxation Policies.
(2)
(a) A renewable energy parent entity shall electronically file with the tax commission, on or before March 1 of each year, a statement containing the information required by Subsection (2)(b) in a form and manner prescribed by the tax commission.
(b) The statement required in Subsection (2)(a) shall include:
(i) the name of the renewable energy parent entity;
(ii) the nameplate capacity in megawatts of wind or solar electric generation facilities that are generating alternating current, commercially operational in the state at the beginning of the calendar year, and controlled by the renewable energy parent entity; and
(iii) any other reasonable and necessary information required by the tax commission.
(c) A statement required to be filed with the tax commission shall be signed and sworn to by the chief executive officer of the renewable energy parent entity or the chief executive officer's designee.
(3) The tax commission shall deposit revenue collected from the energy project assessment described in Section 79-6-1402 into the Species Protection Account.
(4) The tax commission shall deposit revenue collected from the recycling study assessment described in Section 79-6-1402.5 into the Solar Panel Waste Restricted Account created in Section 19-6-1303.
As used in this part:
(1) "Campus" means the Nuclear Lifecycle Innovation Campus described in Section 79-6-1504.
(2) "Consortium" means the Nuclear Energy Consortium created in Section 79-6-1201.
(3) "Council" means the Utah Energy Council established in Section 79-6-1101.
(4) "Federal agency" means the United States Department of Energy, the United States Nuclear Regulatory Commission, or another federal agency with jurisdiction over nuclear fuel recycling facilities.
(5) "Nuclear fuel recycling" means the processing of spent nuclear fuel to recover usable materials.
(6) "Nuclear fuel recycling facility" means a facility designed to process spent nuclear fuel to recover reusable materials.
(7) "Office" means the Office of Energy Development created in Section 79-6-401.
(8)
(a) "Preliminary assessment" means a general evaluation of potential opportunities for nuclear fuel recycling facility development in the state, including:
(i) identification of general geographic areas that may be suitable based on existing infrastructure, transportation access, and land use compatibility;
(ii) coordination with private entities, federal agencies, and local communities;
(iii) evaluation of potential economic benefits; and
(iv) identification of policy or regulatory barriers.
(b) "Preliminary assessment" does not include:
(i) site-specific engineering or design work;
(ii) federal licensing activities or applications;
(iii) detailed feasibility studies; or
(iv) site characterization studies.
(9) "Private entity" means a person engaged in or seeking to engage in the development of a nuclear fuel recycling facility in the state.
(1) The office shall facilitate nuclear fuel recycling facility development in the state by:
(a) coordinating with private entities interested in developing nuclear fuel recycling facilities in the state;
(b) coordinating with federal agencies regarding:
(i) federal regulatory requirements for nuclear fuel recycling facilities;
(ii) federal funding opportunities for nuclear fuel recycling facility development; and
(iii) potential partnerships between the state and federal agencies;
(c) serving as a liaison between private entities and local communities regarding nuclear fuel recycling facility development opportunities;
(d) convening meetings and discussions among:
(i) private entities;
(ii) federal agencies;
(iii) local governments; and
(iv) other stakeholders;
(e) promoting the state's advantages for nuclear fuel recycling facility development to private entities and federal agencies; and
(f) identifying and communicating to the Legislature, the council, and private entities potential barriers to nuclear fuel recycling facility development in the state.
(2) The office may enter into memoranda of understanding or other agreements with federal agencies to facilitate coordination regarding nuclear fuel recycling facility development in the state.
In consultation with the council and the consortium, the office shall:
(1) provide strategic guidance regarding nuclear fuel recycling facility development in the state;
(2) conduct preliminary assessments of nuclear fuel recycling facility development opportunities in the state; and
(3) evaluate expressions of interest from private entities regarding nuclear fuel recycling facility development in the state.
(1) The office, in consultation with relevant state agencies, may discuss with the United States Department of Energy the potential for the state to host a campus as described in the January 28, 2026, Request for Information issued by the United States Department of Energy, entitled "Request for Information on Establishment of Nuclear Lifecycle Innovation Campuses."
(2) The scope of the campus may include:
(a) facilities for fuel fabrication, uranium conversion and enrichment, and the reprocessing of used nuclear fuel;
(b) deployment of advanced modular reactors and micro-reactors;
(c) development of secure, long-term pathways for used nuclear material consistent with national security and environmental safety standards; and
(d) co-located users and providers of campus products, such as isotopes, heat, or nuclear supply chain manufacturing.
(1) The council, in consultation with the office, may utilize the Electrical Energy Development Investment Fund created in Section 79-6-1105 to provide project financing and matching grants for entities participating in the campus.
(2) Funding made available from the federal government for development of a campus in Utah shall be deposited into the Electrical Energy Development Investment Fund created in Section 79-6-1105.
(1) Development of a campus within the state, including the reprocessing and storage of used nuclear fuel, presents an important opportunity to drive economic growth and enhance American energy independence.
(2) The office shall pursue the development of a campus and shall:
(a) prioritize collaboration with technical colleges and universities in the state to create nuclear-specific workforce programs;
(b) engage willing communities to develop consent-based siting for campus elements;
(c) develop a safe and efficient transportation strategy for campus materials, in accordance with applicable state and federal regulation;
(d) coordinate with industry to identify best practices for effective campus construction and long-term operation;
(e) utilize proliferation-resistant technologies and material handling strategies; and
(f) coordinate closely with the United States Department of Energy, the United States Nuclear Regulatory Commission, and the Department of Environmental Quality to ensure the safe and efficient permitting and oversight of any campus.
(3) The director shall report annually on or before October 1 to the Public Utilities, Energy, and Technology Interim Committee on the status of the application to the United States Department of Energy and any subsequent activities the office engages in associated with or resulting from the application.
(4) The director of the Division of Waste Management and Radiation Control shall oversee the safe and efficient regulatory oversight of any campus under applicable federal requirements and state laws and report annually to the Public Utilities, Energy, and Technology Interim Committee on development and execution of regulatory responsibilities associated with any campus located in the state.
As used in this chapter:
(1) "Commission" means the Outdoor Adventure Commission created in Section 63C-21-201.
(2) "Division" means the Division of Outdoor Recreation.
It is the declared policy of the state that outdoor recreation is vital to a diverse economy and a healthy community.
(1)
(a) There is created within the department the Division of Outdoor Recreation.
(b) The division has the purpose of providing, maintaining, and coordinating motorized and nonmotorized recreation within the state as the recreation authority of the state.
(2)
(a) The division is under the administration and general supervision of the executive director.
(b) The division shall notify the commission as provided in statute on issues related to outdoor recreation.
(3)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, when expressly authorized by this chapter:
(i) regarding issues related to outdoor recreation; and
(ii) after notifying the commission, except for rules made under:
(A) Chapter 5, Recreational Trails; and
(B) Chapter 8, Outdoor Recreation Grants.
(b) In accordance with Subsection (3)(a), the division shall make rules governing the collection of charges under Subsection 79-7-203(8).
(1) The director is the executive and administrative head of the division.
(2) The director shall demonstrate:
(a) executive ability; and
(b) actual experience and training in the conduct of recreational systems involving both physical development and program.
(3) The director shall:
(a) enforce the policies and rules of the division; and
(b) perform the duties necessary to:
(i) properly care for and maintain any property under the jurisdiction of the division; and
(ii) carry out this chapter.
(1) As used in this section, "real property" includes land under water, upland, and all other property commonly or legally defined as real property.
(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law on property controlled by the division with reference to fish and game.
(3) For purposes of property controlled by the division, the division shall permit multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining, and the development and use of water and other natural resources.
(4)
(a) The division may acquire real and personal property in the name of the state by legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.
(b) In acquiring real or personal property, the credit of the state may not be pledged without the consent of the Legislature.
(5)
(a) Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division's intention to acquire the property.
(b) If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor.
(7) The division shall acquire property by eminent domain in the manner authorized by Title 78B, Chapter 6, Part 5, Eminent Domain.
(8)
(a) The division may make charges for special services and use of facilities, the income from which is available for recreation purposes.
(b) The division may conduct and operate those services necessary for the comfort and convenience of the public.
(9)
(a) The division may lease or rent concessions of lawful kinds and nature on property to persons, partnerships, and corporations for a valuable consideration after notifying the commission.
(b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in selecting concessionaires.
(10) The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects.
(11)
(a) The division shall coordinate with and annually report to the following regarding land acquisition and development and grants administered under this chapter or Chapter 8, Outdoor Recreation Grants:
(i) the Division of State Parks; and
(ii) the Center for Rural Development created in Section 63N-4-102.
(b) The report required under Subsection (11)(a) shall be in writing, made public, and include a description and the amount of any grant awarded under this chapter or Chapter 8, Outdoor Recreation Grants.
(12) The division shall:
(a) coordinate outdoor recreation policy, management, and promotion:
(i) among state and federal agencies and local government entities in the state;
(ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if public land is involved; and
(iii) on at least a quarterly basis, with the executive director and the executive director of the Governor's Office of Economic Development;
(b) in cooperation with the Governor's Office of Economic Development, promote economic development in the state by:
(i) coordinating with outdoor recreation stakeholders;
(ii) improving recreational opportunities; and
(iii) recruiting outdoor recreation business;
(c) administer Chapter 9, Mitigating the Direct Impacts of Tourism and Outdoor Recreation;
(d) promote all forms of outdoor recreation, including motorized and nonmotorized outdoor recreation;
(e) recommend to the governor and Legislature policies and initiatives to enhance recreational amenities and experiences in the state and help implement those policies and initiatives;
(f) in performing the division's duties, seek to ensure safe and adequate access to outdoor recreation for all user groups and for all forms of recreation;
(g) develop data regarding the impacts of outdoor recreation in the state; and
(h) promote the health and social benefits of outdoor recreation, especially to young people.
(13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division may:
(a) seek federal grants or loans;
(b) seek to participate in federal programs; and
(c) in accordance with applicable federal program guidelines, administer federally funded outdoor recreation programs.
(1) The division, with the approval of the executive director and the governor, may enter into contracts and agreements with the United States, a United States agency, any other department or agency of the state, semipublic organizations, and with private individuals to:
(a) provide, improve , maintain , or coordinate motorized and nonmotorized recreation within the state; and
(b) secure labor, quarters, materials, services, or facilities according to procedures established by the Division of Finance.
(2) A department, agency, officer, or employee of the state shall give to the division the consultation and assistance that the division may reasonably request.
The division may provide administrative support to a nonprofit corporation or foundation that assists the division in attaining the objectives outlined in the strategic or operational plan.
(1) As used in this section, "committee" means the Utah Outdoor Recreation Infrastructure Advisory Committee created in this section.
(2)
(a) There is created within the division the "Utah Outdoor Recreation Infrastructure Advisory Committee" consisting of the following 17 members:
(i) the director of the division, who shall act as chair of the committee;
(ii) the director of the Division of State Parks, or the director of the Division of State Park's designee; and
(iii) the following appointed by the executive director:
(A) one nonvoting representative of a federal land agency;
(B) one nonvoting representative of National Park Service's River, Trails, and Conservation Assistance Program;
(C) one representative of municipal government, recommended by the Utah League of Cities and Towns;
(D) one representative of county government, recommended by the Utah Association of Counties;
(E) two representatives of the outdoor industry;
(F) two representatives of tourism, with one focused in the hotel or lodging sector;
(G) one representative of the healthcare industry;
(H) one representative of multi-ability groups or programs;
(I) one representative of outdoor recreation education programming;
(J) one representative of nonmotorized recreation interests;
(K) one representative of youth conservation or service corps organization; and
(L) two representatives of motorized recreation interests.
(b) At least two of the members of the committee appointed under Subsection (2)(a)(iii) shall represent rural interests.
(3)
(a) Except as required by Subsection (3)(b), as terms of committee members appointed under Subsection (2)(a)(iii) expire, the division shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the division shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members appointed under Subsection (2)(a)(iii) are staggered so that approximately half of the committee is appointed every two years.
(c) The executive director may remove an appointed member of the advisory committee at any time, with or without cause.
(d) When a vacancy occurs in the membership for any reason, the executive director shall appoint the replacement for the unexpired term in the same manner as the original appointment.
(4) The majority of voting members of the committee constitutes a quorum and an action of the majority of voting members present when a quorum is present is action by the committee.
(5) The division shall provide administrative staff support for the committee.
(6) A member may not receive compensation or benefits for the member's service, but a member appointed under Subsection (2)(a)(iii) 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.
(7) The committee shall advise and make recommendations to the division regarding:
(a) nonmotorized recreational trails under Chapter 5, Recreational Trails;
(b) grants issued under Chapter 8, Part 2, Recreation Restoration Infrastructure Grant Program;
(c) grants issued under Chapter 8, Part 3, Utah Children's Outdoor Recreation and Education Grant Program; and
(d) grants issued under Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant Program.
The Legislature shall appropriate the money from time to time necessary to carry out the purposes of this chapter to the division to be used by the division in the administration of the powers and duties and in carrying out the objective and purposes described in this chapter.
(1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek a federal grant or loan or participation in a federal program to plan and develop an outdoor recreation resource, including:
(a) acquiring land or water; or
(b) acquiring an interest in land or water.
(2)
(a) The executive director, in cooperation with the state planning coordinator and the state agency or political subdivision responsible for planning, acquisition, and development of outdoor recreation resources, may prepare, maintain, and update a comprehensive plan for the outdoor recreation resources of the state.
(b) The executive director shall submit the plan and any plan amendment to the governor for the governor's review and approval.
(3) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the executive director may:
(a) apply to a United States agency for participation in or the receipt of aid from a federal program regarding outdoor recreation;
(b) in cooperation with other state agencies, enter into a contract or agreement with the United States or a United States agency;
(c) keep financial and other records; and
(d) furnish necessary reports to the United States official or agency.
(4) In connection with obtaining the benefits of an outdoor recreation program, the executive director shall coordinate the department's activities with and represent the interests of all state agencies and political subdivisions having an interest in the planning, development, and maintenance of the outdoor recreation resource or facility.
(5) The department may act as the agent of the state or a political subdivision to receive and to disburse federal money in accordance with the comprehensive plan.
(6) The executive director may not make a commitment or enter into an agreement as authorized by this section and neither shall the governor approve a commitment or agreement unless sufficient funds are available to the department for meeting the state's share, if any, of project costs.
(7) To the extent necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to a program participated in by the state under this section, the areas and facilities shall be publicly maintained for outdoor recreation purposes.
(8) The executive director may enter into and administer an agreement with the United States or a United States agency with the governor's approval for planning, acquisition, and development projects involving participating federal-aid funds on behalf of a political subdivision, if the political subdivision gives necessary assurance to the executive director that:
(a) the political subdivision has available sufficient funds to meet the political subdivision's share, if any, of the cost of the project; and
(b) the political subdivision will operate and maintain an acquired or developed area at the expense of the political subdivision for public outdoor recreation use.
Unless otherwise provided in this title, a violation of a rule of the division is an infraction.
As used in this part:
(1) "Initiative" means the Recreation Coordinated Investment Initiative created in Section 79-7-502.
(2) "Outdoor recreation infrastructure" means the same as that term is defined in 51-9-901.
(3) "Public lands" includes local, state, and federal lands.
(1) There is created within the division an initiative known as the "Recreation Coordinated Investment Initiative."
(2) The initiative is to manage, maintain, expand, restore, and improve outdoor recreation infrastructure on public lands within the state, including building new or expanding existing outdoor recreation infrastructure to address increased usage and to minimize overcrowding or overuse.
(3) Consistent with this part, the division may enter into:
(a) a partnership agreement to accomplish the objectives listed in Subsection (2) for outdoor recreation infrastructure, such as a shared stewardship agreement, a challenge cost-share agreement, or other formal agreement; and
(b) a recreation management agreement to maintain outdoor recreation infrastructure, including motorized or nonmotorized trails, trail networks, or trails across multiple jurisdictions.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, after notifying the commission, establishing procedures consistent with Subsections (2) and (5) for entering into an agreement described in Subsection (3).
(5) To accomplish the objectives listed in Subsection (2), the initiative shall develop and oversee a project proposal process to:
(a) develop statewide priorities that reflect eligibility criteria established under this section, including projects that:
(i) are of interest and benefit to recreation users;
(ii) offer the advantages and effectiveness of participation between state and other land management agencies;
(iii) would benefit local communities; and
(iv) can be completed in a timely manner; and
(b) address funding amounts allocated in the agreements described in Subsection (3).
(6) The director of the division shall designate staff with relevant expertise or experience to administer the initiative.
(7)
(a) The initiative staff shall compile data and provide a performance report to the Natural Resources, Agriculture, and Environment Interim Committee on or before November 1 of each year.
(b) An annual performance report under this Subsection (7) shall include for a fiscal year:
(i) by source, the initiative's total annual resources, including partner funds;
(ii) the total amount of outdoor recreation infrastructure project areas that are benefited by the initiative during the fiscal year;
(iii) the total amount of trail miles that receive maintenance;
(iv) the total amount of state funding or in-kind resources that are used to leverage non-state partner resources; and
(v) other performance metrics that demonstrate the effectiveness of the initiative.
(1) The initiative is funded from the following sources:
(a) appropriations made to the initiative by the Legislature, including any appropriation from the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902; and
(b) contributions, including in-kind assistance, from public and private sources, including a federal agency, state agency, local government, or private entity.
(2) The division may reimburse itself with initiative funds for costs related to administering the initiative.
(1) As used in this part, "fiscal emergency" means a major disruption in the operation of one or more national parks, national monuments, national forests, or national recreation areas in the state caused by the unforseen or sudden significant decrease or elimination of funding from the federal government.
(2) During a fiscal emergency, and subject to congressional approval, the governor's agreement with the United States Department of the Interior, or a presidential executive order, the governor may enter into an agreement with the federal government to ensure that one or more national parks, national monuments, national forests, or national recreation areas in the state, according to the priority set under Section 79-7-602, remain open to the public.
(1) During a fiscal emergency, the governor shall:
(a) if financially practicable, work with the federal government to open and maintain the operation of one or more national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state, in the order established under this section; and
(b) report to the speaker of the House of Representatives and the president of the Senate on the need, if any, for additional appropriations to assist the division in opening and operating one or more national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director of the Division of Outdoor Recreation, in consultation with the executive director of the Department of Natural Resources, shall make rules to determine the priority of national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state.
(3) In determining the priority described in Subsection (2), the director of the Division of Outdoor Recreation shall consider the:
(a) economic impact of the national park, national monument, national forest, national recreation area, and lands managed by the United States Fish and Wildlife Service in the state; and
(b) recreational value offered by the national park, national monument, national forest, national recreation area, and lands managed by the United States Fish and Wildlife Service.
(4) The director of the Division of Outdoor Recreation shall annually review the priority set under Subsection (2) to determine whether the priority list should be amended.
As used in this part:
(1) "Director" means the director of the division, as described in Section 79-7-202.
(2) "Outdoor recreation infrastructure" means the same as that term is defined in Section 51-9-901.
(1) The division may:
(a) permit a person to volunteer labor or funding to maintain outdoor recreation infrastructure; and
(b) recognize the person providing the labor or funding through signage or other indication.
(2) A person desiring to volunteer labor or funding to maintain outdoor recreation infrastructure shall submit an application to the division on a form provided by the division.
(3) The director shall appoint a manager to oversee the administration of this section.
(4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Subsection (1), including rules for:
(a) outdoor recreation infrastructure maintenance;
(b) partnerships between private and public entities; and
(c) the duties of the manager.
As used in this chapter:
(1) "Accessible to the general public" in relation to the awarding of an infrastructure grant, means:
(a) the public may use the infrastructure in accordance with federal and state regulations; and
(b) no community or group retains exclusive rights to access the infrastructure.
(2) "Advisory committee" means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206.
(3) "Children," in relation to the awarding of a UCORE grant, means individuals who are six years old or older and 18 years old or younger.
(4) "Director" means the director of the Division of Outdoor Recreation.
(5) "Division" means the Division of Outdoor Recreation.
(6) "Executive director" means the executive director of the Department of Natural Resources.
(7) "Infrastructure grant" means an outdoor recreational infrastructure grant described in Section 79-8-401.
(8)
(a) "Recreational infrastructure project" means an undertaking to build, improve, or restore an approved facility, installation, or natural feature needed for the public to access and enjoy the state's outdoors.
(b) "Recreational infrastructure project" includes the:
(i) establishment, construction, or renovation of a trail, trail infrastructure, or a trail facility;
(ii) construction of a project or restoration of a waterbody for a water-related outdoor recreational activity;
(iii) development of a project for a wildlife watching opportunity, including bird watching;
(iv) development of a project that provides a winter recreation amenity;
(v) construction or improvement of a community park that has an amenity for outdoor recreation;
(vi) construction or improvement of a naturalistic and accessible playground; and
(vii) construction of a trail or facility, improvement of a trail or facility, or acquisition of equipment that improves access for disabled or adaptive users.
(9) "UCORE grant" means a children's outdoor recreation and education grant described in Section 79-8-302.
(10)
(a) "Underserved community" means a group of people, including a municipality, county, or American Indian tribe, that is economically disadvantaged.
(b) "Underserved community" includes an economically disadvantaged community where in relation to awarding a UCORE grant, the children of the community, including children with disabilities, have limited access to outdoor recreation or education programs.
To the extent money is available, the division shall administer outdoor recreation grants for the state, including grants that address:
(1) outdoor recreation in general;
(2) recreational trails;
(3) off-highway vehicle incentives;
(4) boat access and clean vessels;
(5) land, water, and conservation;
(6) outdoor recreation programming; and
(7) maintenance projects related to the above allowable uses.
(1) There is created an expendable special revenue fund known as the "Outdoor Recreation Infrastructure Account," which the division shall use to fund:
(a) the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401;
(b) the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202; and
(c) the Utah Children's Outdoor Recreation and Education Grant Program created in Section 79-8-302.
(2) The account consists of:
(a) distributions to the account under Section 59-28-103;
(b) interest earned on the account;
(c) appropriations made by the Legislature;
(d) money from a cooperative agreement entered into with the United States Department of Agriculture or the United States Department of the Interior; and
(e) private donations, grants, gifts, bequests, or money made available from any other source to implement this part.
(3) The division shall, with the advice of the advisory committee, administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the account.
As used in this part:
(1) "Grant program" means the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202.
(2) "High demand outdoor recreation amenity" means infrastructure necessary for a campground, picnic area, or water recreation structure such as a dock, pier, or boat ramp that receives or has received heavy use by the public.
(3) "High priority trail" means a motorized or nonmotorized recreation summer-use trail and related infrastructure that is prioritized by the advisory committee for restoration or rehabilitation to maintain usability and sustainability of trails that receive or have received high use by the public.
(4) "Public lands" includes local, state, and federal lands.
(5) "Rehabilitation or restoration" means returning an outdoor recreation structure or trail that has been degraded, damaged, or destroyed to its previously useful state by means of repair, modification, or alteration.
(1)
(a) There is created the "Recreation Restoration Infrastructure Grant Program" administered by the division.
(b) Subject to Subsection (1)(c), 15% of the unencumbered amount in the Outdoor Recreation Infrastructure Account, created in Section 79-8-106, at the beginning of each fiscal year may be used for the grant program.
(c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the beginning of a fiscal year if approved by the executive director after consultation with the director and the advisory committee.
(2) The division may seek to accomplish the following objectives in administering the grant program:
(a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
(b) rehabilitate or restore high demand recreation areas on public lands; and
(c) encourage the public land entities to engage with volunteer groups to aid with portions of needed trail work.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules, after consulting with the advisory committee, establishing the eligibility and reporting criteria for an entity to receive a recreation restoration infrastructure grant, including:
(a) the form and process of submitting annual project proposals to the division for a recreation restoration infrastructure grant;
(b) which entities are eligible to apply for a recreation restoration infrastructure grant;
(c) specific categories of recreation restoration projects that are eligible for a recreation restoration infrastructure grant;
(d) the method and formula for determining recreation restoration infrastructure grant amounts; and
(e) the reporting requirements of a recipient of a recreation restoration infrastructure grant.
(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.
(1) There is created the Utah Children's Outdoor Recreation and Education Grant Program administered by the division.
(2) The division may seek to accomplish the following objectives in administering the UCORE grant program:
(a) promote the health and social benefits of outdoor recreation to the state's children;
(b) encourage children to develop the skills and confidence to be physically active for life;
(c) provide outdoor recreational opportunities to underserved communities in the state; and
(d) encourage hands-on outdoor or nature-based learning and play to prepare children for achievement in science, technology, engineering, and math.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after consulting with the advisory committee, shall make rules establishing the eligibility and reporting criteria for an entity to receive a UCORE grant, including:
(a) the form and process of submitting an application to the division for a UCORE grant;
(b) which entities are eligible to apply for a UCORE grant;
(c) specific categories of children's programs that are eligible for a UCORE grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of a UCORE grant, the division may prioritize a children's program that will serve an underserved community in the state.
(3) A UCORE grant may only be awarded by the executive director after consultation with the director and the advisory committee.
(4) The following entities may not receive a UCORE grant under this part:
(a) a federal government entity;
(b) a state agency, except for public schools and institutions of higher education; and
(c) a for-profit entity.
(5) In awarding UCORE grants, consideration shall be given to entities that implement programs that:
(a) contribute to healthy and active lifestyles through outdoor recreation; and
(b) include one or more of the following attributes in their programs or initiatives:
(i) serve children with the greatest needs in rural, suburban, and urban areas of the state;
(ii) provide students with opportunities to directly experience nature;
(iii) maximize the number of children who can participate;
(iv) commit matching and in-kind resources;
(v) create partnerships with public and private entities;
(vi) include ongoing program evaluation and assessment;
(vii) use veterans in program implementation;
(viii) include outdoor or nature-based programming that incorporates concept learning in science, technology, engineering, or math; or
(ix) use educated volunteers in program implementation.
(1) There is created the Outdoor Recreational Infrastructure Grant Program administered by the division.
(2) The division may seek to accomplish the following objectives in administering the infrastructure grant program:
(a) build, maintain, and promote recreational infrastructure projects to provide greater access to low-cost outdoor recreation for the state's citizens;
(b) encourage residents and nonresidents of the state to take advantage of the beauty of Utah's outdoors;
(c) encourage individuals and businesses to relocate to the state;
(d) promote outdoor exercise; and
(e) provide outdoor recreational opportunities to an underserved community in the state.
(3) The advisory committee shall advise and make recommendations to the division regarding infrastructure grants.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after consultation with the advisory committee, the division shall make rules establishing the eligibility and reporting criteria for an entity to receive an infrastructure grant, including:
(a) the form and process of submitting an application to the division for an infrastructure grant;
(b) which entities are eligible to apply for an infrastructure grant;
(c) specific categories of recreational infrastructure projects that are eligible for an infrastructure grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of an infrastructure grant, the division may prioritize a recreational infrastructure project that will serve an underserved community.
(3) An infrastructure grant may only be awarded by the executive director after consultation with the director and the advisory committee.
(4) A for-profit entity may not receive an infrastructure grant under this part.
(5) An infrastructure grant may only be awarded under this part:
(a) for a recreational infrastructure project that is accessible to the general public; and
(b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching funds having a value:
(i) equal to or greater than the amount of the infrastructure grant; or
(ii) established in accordance with rules made by the division, after consultation with the advisory committee, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be provided through an in-kind contribution by the grant recipient, if:
(a) approved by the executive director after consultation with the director and the advisory committee; and
(b) the in-kind donation does not include real property.
(7) An infrastructure grant may not be awarded under this part if the grant, or the grant recipient match described in Subsection (5)(b), will be used for the purchase of real property or for the purchase or transfer of a conservation easement.
As used in this part:
(1) "Board" means the Outdoor Recreation Mitigation Board created in Section 79-9-104.
(2) "Division" means the Division of Outdoor Recreation created in Section 79-7-201.
(3) "Eligible county" means a county:
(a) of the third, fourth, fifth, or sixth class, as classified under Section 17-60-104;
(b) that imposes the maximum allowable rate of a county transient room tax; and
(c) that generated less than $10,000,000 in revenue from the imposition of a transient room tax in the previous calendar year.
(4) "Grant" means an outdoor recreation mitigation grant issued by the division to an eligible county as described in Section 79-9-201.
(5) "Grantee" means an eligible county that receives an outdoor recreation mitigation grant from the division.
(6)
(a) "Visitor-related emergency costs" means the documented expenditures of an eligible county in conducting search and rescue efforts or providing emergency medical services in direct relation to an individual who is in the eligible county for the purpose of outdoor recreation, tourism, or a convention.
(b) "Visitor-related emergency costs" may include road repair and upgrade costs, as described in Subsection 17-78-702(2)(d), so long as the eligible county applying for a grant presents sufficient evidence to suggest that the condition of roads in the eligible county has a direct impact on search and rescue efforts or providing emergency medical services in relation to an individual who is in the eligible county for the purpose of outdoor recreation, tourism, or a convention.
(7) "Visitor-related safety costs" means a mitigation cost described in Subsection 17-78-702(2)(d) that is not a visitor-related emergency cost, so long as the eligible county applying for a grant presents sufficient evidence to suggest that:
(a) the eligible county's current solid waste disposal operations are overwhelmed by outdoor recreation, tourism, or conventions in the eligible county, resulting in unsanitary or unsafe conditions in the eligible county;
(b) law enforcement activities within the eligible county are strained as a direct result of outdoor recreation, tourism, or conventions in the eligible county, resulting in unsafe conditions for recreators, visitors, tourists, county residents, and members of law enforcement within the eligible county; or
(c) road repair and upgrade costs, if the current condition of roads in the eligible county are overwhelmed by outdoor recreation, tourism, or conventions in the eligible county, resulting in unsafe conditions in the eligible county.
(1) To the extent that money is available, the division shall administer an outdoor recreation mitigation grants program to address visitor-related emergency costs and visitor-related safety costs in eligible counties.
(2) The purpose of the outdoor recreation mitigation grants program is to:
(a) assist an eligible county that is impacted by outdoor recreation, tourism, or conventions to such a degree that the eligible county is unable to address visitor-related emergency costs or visitor-related safety costs within revenue generated by an eligible county's imposition of a transient room tax; and
(b) over time, ensure that an eligible county impacted by outdoor recreation, tourism, or conventions is able to manage the impacts of outdoor recreation, tourism, or conventions within eligible county revenue generated by the eligible county's imposition of a transient room tax.
(3) The division shall, in consultation with the board, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to perform the division's duties described in this chapter.
(1) There is created an expendable special revenue fund known as the "Outdoor Recreation Mitigation Grant Fund," which the division may use to make competitive outdoor recreation mitigation grants to one or more eligible counties as described in Section 79-9-201.
(2) The fund consists of:
(a) deposits into the fund under Subsection 59-28-103(4)(a);
(b) appropriations made by the Legislature;
(c) private donations, grants, gifts, bequests, or money made available from any other source to implement this chapter;
(d) any grant funding that is returned to the division from an eligible county, as described in Section 79-9-203; and
(e) interest earned on the fund.
(3) The division shall, with the advice of the board, administer the fund.
(4) The cost of administering the fund:
(a) shall be paid from money in the fund; and
(b) may not exceed 2% of the revenue deposited annually into the fund under Subsection 59-28-103(4)(a).
(5) Interest accrued from investment of money in the fund shall remain in the fund.
(1) There is created the Outdoor Recreation Mitigation Board consisting of the following five members:
(a) two representatives of the Utah Association of Counties, appointed by the Utah Association of Counties;
(b) one representative of the Utah Sheriffs' Association, appointed by the Utah Sheriffs' Association;
(c) one representative of rural emergency medical services directors, appointed by the director of the division after consultation with an organization representing rural emergency medical services directors; and
(d) an individual representing the tourism industry, appointed by the director of the division after consultation with an organization representing the tourism industry.
(2) The board shall annually select one of the board's members to be the chair of the board.
(3)
(a) If a vacancy occurs in the membership of the board, the member shall be replaced in the same manner in which the original appointment was made.
(b) A member of the board shall serve a term of four years and until the member's successor is appointed and qualified.
(c) Notwithstanding Subsection (3)(b), the initial appointment of one member described in Subsection (1)(b) and one member described in Subsection (1)(c) shall be two years so the terms of board members are staggered and approximately half of the board members are appointed every two years.
(d) An individual may be appointed to more than one term.
(e) Three board members constitutes a quorum.
(f) The action of a majority of a quorum constitutes action of the board.
(4) A board member may not receive compensation or benefits for the member's service on the board, but may receive per diem and reimbursement for travel expenses incurred as a board member at the rates established by the Division of Finance under:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5) The division shall provide staff support to the board.
(1) The division may, within available funding, award an outdoor recreation mitigation grant as described in this section.
(2) In the event the division receives grant applications in excess of funding available to make grants, the division shall:
(a) prioritize applications for grant funding for visitor-related emergency costs over applications for grant funding for visitor-related safety costs;
(b) within applications for grant funding to relieve visitor-related emergency costs, prioritize applications for grant funding to support search and rescue efforts or emergency medical services over applications for grant funding to support road repair; and
(c) prioritize an application for grant funding from an eligible county with a smaller population over an application for grant funding from an eligible county with a larger population.
(3) After making the priority determinations described in Subsection (2), the division may prioritize available grant funding based on need, in terms of:
(a) the amount of outdoor recreation or tourism taking place within the eligible county;
(b) the existing capacity of an eligible county to manage search and rescue efforts or emergency medical services without additional financial assistance;
(c) the existing capacity of an eligible county to engage in road repair and maintenance without additional financial assistance; and
(d) the existing capacity of an eligible county to manage tourism-related safety costs without additional financial assistance.
(4) The division may, in the division's discretion and in accordance with this part and any rules made pursuant to Subsection 79-9-102(3), fulfill an eligible county's application for grant funding in whole or in part.
(5) In implementing a competitive grant-making program described in this section, the division shall:
(a) create an application for eligible counties to apply for grant funding; and
(b) require an eligible county applying for grant funding to:
(i) use the application created by the division;
(ii) include information the division requires in an application; and
(iii) apply by a deadline established by the division.
(6) If an eligible county intends to share some or all grant funding awarded to the eligible county under this section with a special district in the eligible county, the eligible county shall provide that information in the eligible county's application for grant funding.
(7) Beginning January 1, 2028, an eligible county may not receive grant funding described in this chapter if the state auditor notifies the division, as authorized in Section 17E-2-403, that the eligible county is not in compliance with Section 17-63-603.
(1) The division shall annually determine the relative needs of eligible counties for financial assistance to support visitor-related emergency costs in eligible counties, specifically taking into account the rolling five-year average of past visitor-related emergency costs within each eligible county, based on available data.
(2) The division may request assistance from the state auditor and the Utah Office of Tourism in making the determination described in Subsection (1).
(1) An eligible county that receives grant funding under Section 79-9-201:
(a) shall use grant funding:
(i) to pay for any present or ongoing visitor-related emergency costs or visitor-related safety costs;
(ii) to reimburse a provider of search and rescue efforts or emergency medical services for any past, unpaid services within the eligible county;
(iii) to support the activities of a special district providing search and rescue efforts, emergency medical services, solid waste disposal, or road repair;
(iv) as proposed in the eligible county's or eligible special district's application for grant funding;
(b) shall report to the division on the expenditures made with the grant funding by December 31 of each year in which grant funding is received or is unexpended;
(c) may not use grant funding to:
(i) supplant existing funds; or
(ii) purchase real property or make payments toward the ownership or leasing of real property.
(2) If a grantee does not expend or encumber the funding within 18 months of the day on which the funding was received by the grantee due to a lack of need within the eligible county, the grantee:
(a) shall inform the division regarding the remaining grant funding;
(b) may retain the remaining grant funding until fully expended unless required by the division to return the remaining grant funding to the division; and
(c) may not apply for a new outdoor recreation mitigation grant until the grant funding is fully expended or returned.
(3) Upon receipt of unexpended outdoor recreation mitigation grant funding from a grantee, the division shall deposit the unexpended grant funding into the Outdoor Recreation Mitigation Grant Fund created in Section 79-9-103.
(1) The division shall report quarterly to the board on:
(a) grant applications received from eligible counties;
(b) grant awards made to eligible counties; and
(c) the division's progress in determining the relative needs of eligible counties, as described in Section 79-9-202.
(2) Beginning January 1, 2027, the division and board shall provide an annual written report to the Revenue and Taxation Interim Committee and the Political Subdivisions Interim Committee no later than September 30, describing the division's efforts to implement the requirements of this chapter and any recommendations for legislative changes to the grant program described in this part.
As used in this chapter:
(1) "Atlas" means a depository of geological data maintained in accordance with Part 5, Critical Minerals Atlas.
(2) "Center" means the Minerals for Industrial, National, and Economic Security Center created in accordance with Part 6, Minerals for Industrial, National, and Economic Security Center.
(3) "Council" means the Critical Minerals Council created in Section 79-10-301.
(4) "Critical mineral" means a mineral identified by the United States Geological Survey or the council as essential to the economic security of the state or national security.
(5) "Critical minerals zone" means a critical minerals zone designated by the council under Part 4, Critical Minerals Zone.
(6) "Permit" means one of the following issued by a state agency:
(a) a permit;
(b) a plan;
(c) a license;
(d) an approval order; or
(e) another administrative authorization.
(1) The state's long-term objectives related to critical minerals are:
(a) to capture 20% to 25% of United States domestic critical minerals demand;
(b) to process within the state 50% of the critical minerals extracted from within the state;
(c) to reduce average permitting timelines to less than 18 months;
(d) to establish and build out the Minerals for Industrial, National, and Economic Security Center, as provided in Part 6, Minerals for Industrial, National, and Economic Security Center; and
(e) to secure federal designation of an entity within the state as a United States critical minerals national laboratory.
(2) The state's policy related to critical minerals is to:
(a) pursue market-based solutions while using public policy to accelerate market performance;
(b) foster the long-term viability of extraction and processing operations;
(c) foster the long-term health of marketplaces to ensure private parties can invest confidently in the critical minerals industry;
(d) maximize resources available across the state, including natural, talent, processing, financial, and technological resources;
(e) leverage the Utah System of Higher Education, including technical colleges, to create a specialized talent pipeline for mining, geology, and processing;
(f) create a positive regulatory framework, including streamlined permitting for critical minerals processes;
(g) create intrastate, interstate, and federal partnerships that leverage available resources for state, regional, and national benefit;
(h) accelerate development of critical minerals zones; and
(i) support applied research partnerships between higher education, industry, and the state that support commercialization.
(3) State agencies, academia, and industry are encouraged to conduct activities consistent with Subsections (1) and (2).
(4) This section does not create a cause of action against the state's or a state agency's action that is inconsistent with Subsections (1) and (2) and does not waive governmental immunity under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
The Natural Resources, Agriculture, and Environment Interim Committee shall annually review the state's critical mineral objectives and policy under Section 79-10-201 and propose any changes to the Legislature.
(1) There is created within the Department of Natural Resources a mixed purpose board known as the "Critical Minerals Council."
(2) The council consists of the following 11 members:
(a) the director of the Office of Energy Development, or the director's designee;
(b) the director of the Division of Oil, Gas, and Mining, or the director's designee;
(c) one of the following appointed by the governor:
(i) the executive director of the Governor's Office of Economic Development; or
(ii) the executive director of the Nucleus Institute, created in Section 53H-16-202;
(d) a member of the House of Representatives, appointed by the speaker of the House of Representatives;
(e) a member of the Senate, appointed by the president of the Senate;
(f) the president of the University of Utah, or the president's designee;
(g) the president of an association representing Utah's mining industry, including hardrock operators, industrial mineral operators, coal operators, mineral processing operations, and mining services companies, appointed by the governor;
(h) a representative from an organization designed to create jobs in Utah by expanding international sales, attracting foreign investment, and facilitating international partnerships, appointed by the governor;
(i) a representative from a state land use authority, as defined in Section 79-10-401, appointed by the governor; and
(j) two at-large members who represent a relevant industry, represent a state research center, or have expertise in environmental regulation, appointed by the members of the council described in Subsections (2)(a) through (i).
(3)
(a)
(i) The director of the Office of Energy Development, or the director's designee, is the co-chair of the council.
(ii) The president of the Senate and the speaker of the House of Representatives shall jointly appoint a co-chair of the council from members of the council.
(b) The vice-chairs of the council are:
(i) the director of the Division of Oil, Gas, and Mining, or the director's designee; and
(ii) the individual appointed under Subsection (2)(c).
(4)
(a) The majority of the members constitutes a quorum of the council.
(b) The majority vote of the members present when a quorum is present constitutes action of the council.
(5) The council shall meet:
(a) at the time and place designated by the chairs; and
(b) no less than once every month or as frequently as the council determines.
(6)
(a) A member appointed under Subsections (2)(g) through (j) shall serve a term of four years.
(b) The appointing authority may appoint an individual to a position under Subsections (2)(g) through (j) to more than one term.
(c) Notwithstanding Subsection (6)(a), the council shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of the members appointed under Subsections (2)(g) through (j) are staggered so that approximately half of the members appointed under Subsections (2)(g) through (j) are appointed every two years.
(7)
(a) A vacancy that occurs on the council for any reason shall be filled in the same manner as the original appointment.
(b) If an at-large representative vacates the position, the council shall appoint a new member for the unexpired term of the vacated member.
(8) 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 in accordance with Sections 63A-3-106 and 63A-3-107.
(9)
(a) A council member who has, will have, or later acquires an interest, direct or indirect, in a transaction with the council shall immediately disclose the nature and extent of that interest in writing to the council as soon as the council member has knowledge of the actual or prospective interest.
(b) The council shall enter a disclosure described in this Subsection (9) upon the minutes of the council.
(c) Upon disclosure, that council member may participate in an action by the council authorizing the transaction.
(10) The Department of Natural Resources shall provide staff support to the council.
(1) The council shall:
(a) develop a strategic plan to prioritize activities and projects related to the exploration, development, production, and processing of critical minerals in the state consistent with the state's critical minerals objectives and policy as outlined in Section 79-10-201;
(b) ensure that efforts among Utah public, private, and academic partners regarding critical minerals are coordinated efficiently and effectively;
(c) act as a clearinghouse for information related to federal, state, or local grants and determine whether a grant application is consistent with the strategic plan developed under Subsection (1)(a);
(d) investigate and participate in studies of problems unique to the exploration, development, production, and processing of critical minerals in the state;
(e) oversee the development of the center in accordance with Part 6, Minerals for Industrial, National, and Economic Security Center;
(f) take actions consistent with this chapter to promote, protect, and stabilize the critical minerals industry;
(g) cooperate with local, state, or national organizations engaged in activities similar to those of the council;
(h) partner with other western states for the development of critical minerals mining and processing capabilities;
(i) accept grants, donations, or gifts for use consistent with this chapter;
(j) catalyze critical minerals extraction and processing for industries in the state;
(k) accelerate development of critical minerals zones in the state for extraction and processing of critical minerals;
(l) identify transportation and logistics needs and strategic investments to facilitate high-capacity, efficient handling of critical minerals; and
(m) advise the Legislature about the need, if any, for legislative action.
(2) The council may enter into agreements necessary to fulfill the council's duties.
(3) The council may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, creating a dispute resolution process to resolve conflicts between agencies or private entities represented by a member of the council.
(4)
(a) The council may organize standing or ad hoc committees that operate in accordance with guidelines established by the council, regarding specific state and industry needs related to critical minerals development, including:
(i) education and workforce needs;
(ii) research and commercialization;
(iii) entrepreneurship and investment;
(iv) aerospace and defense requirements;
(v) logistics and infrastructure;
(vi) international trade; or
(vii) other needs related to critical minerals development.
(b) The council may appoint a member of a standing or ad hoc committee that is not a member of the council.
(5)
(a) The council shall report annually by no later than October 1 to the Natural Resources, Agriculture, and Environment Interim Committee.
(b) The report required by this Subsection (5) shall include information regarding:
(i) the state's progress towards the objectives described in Subsection 79-10-201(1);
(ii) critical minerals zones as required by Section 79-10-402;
(iii) the state's progress towards development of the center, including the center's activities and fiscal needs; and
(iv) the Critical Minerals Development Account required by Section 79-10-701.
(6) Notwithstanding the other provisions of this chapter, the council may not:
(a) interfere with or impair the statutory authority of a state agency to issue a permit; or
(b) vote on an individual permit.
(1) Council members are designated as area leads as provided in this section. In conducting the council's business, the council may assign a council member who is an area lead to coordinate on an issue within the council member's area.
(2) The council shall ensure:
(a) the coordination of state policy with federal policy; and
(b) the development of infrastructure within the state related to critical minerals.
(3)
(a) The director of the Division of Oil, Gas, and Mining, or the director's designee, shall address regulation and permitting and coordinate with state agencies related to:
(i) permitting for extraction or reclamation projects; and
(ii) information gathering for extraction or reclamation projects.
(b) In coordinating under this Subsection (3), the director of the Division of Oil, Gas, and Mining, or the director's designee, shall at a minimum coordinate with:
(i) the Department of Environmental Quality; and
(ii) the Utah Geological Survey.
(4)
(a) The council member appointed under Subsection 79-10-301(2)(c) shall address incentives and critical minerals zones and coordinate:
(i) implementation of state tax incentives;
(ii) domestic recruitment;
(iii) foreign investment;
(iv) accessing federal appropriations and other federal funding sources; and
(v) defense or national security requirements.
(b) In coordinating under this Subsection (4), the council member appointed under Subsection 79-10-301(2)(c) shall at a minimum coordinate with:
(i) the council member appointed under Subsection 79-10-301(2)(h); and
(ii) public and private entities that may act as a liaison with federal agencies that may provide funding for critical minerals.
(5)
(a) The council member representing the University of Utah shall coordinate issues related to innovation including:
(i) workforce training and talent pipelines;
(ii) pilot technology testing;
(iii) research and development; and
(iv) industry concerns.
(b) In coordinating under this Subsection (5), the council member representing the University of Utah shall at a minimum coordinate with:
(i) the center;
(ii) other institutions of higher education, including Utah State University;
(iii) an association representing Utah's mining industry, including hardrock operators, industrial mineral operators, coal operators, mineral processing operations, and mining services companies; and
(iv) the aerospace and defense industry.
As used in this part:
(1) "Base taxable value" means the value of property within a critical minerals zone, as shown on the assessment roll last equalized before the creation of the critical minerals zone.
(2) "Community reinvestment agency" means the same as that term is defined in Section 17C-1-102.
(3) "Community reinvestment project area" means a project area under a community reinvestment project area plan as defined in Section 17C-1-102.
(4) "Property tax differential" means the difference between:
(a) the amount of property tax revenues generated each tax year by all taxing entities from a critical minerals zone, using the current assessed value of the property; and
(b) the amount of property tax revenues that would be generated from that same area using the base taxable value of the property.
(5) "Property tax differential revenue" means revenue generated based on the property tax differential.
(6) "State land use authority" means:
(a) the Utah Inland Port Authority created in Section 11-58-201;
(b) the Military Installation Development Authority created in Section 63H-1-201;
(c) the School and Institutional Trust Lands Administration created in Section 53C-1-201; or
(d) any other land use authority created by the state that has jurisdiction over state lands.
(1) The council shall:
(a) establish and implement:
(i) processes for designating critical minerals zones; and
(ii) criteria for evaluating proposed critical minerals zones;
(b) consult with state land use authorities regarding:
(i) identification of state lands suitable for critical minerals extraction or processing;
(ii) designation of critical minerals zones; and
(iii) opportunities for coordinated development of extraction or processing projects on state lands;
(c) assess and address potential public health impacts of critical minerals zones;
(d) report annually by October 1 to the Natural Resources, Agriculture, and Environment Interim Committee regarding:
(i) infrastructure needs related to extraction and processing of critical minerals;
(ii) the status of designated critical minerals zones; and
(iii) recommendations for how the property tax differential revenue collected under this section should be divided and distributed between the state, counties, and municipalities; and
(e) negotiate with the applicable county or municipality regarding the distribution of property tax differential revenue.
(2) The council may enter agreements with state land use authorities to address the implementation of critical minerals zones and the administration of property tax differential revenue.
(1)
(a) Except as provided in Subsection (1)(b), a county or municipality may not offer financial incentives for a critical minerals extraction or processing project that is not located within a designated critical minerals zone.
(b) Subsection (1)(a) does not apply to a critical minerals extraction or processing project for which a project area plan has been approved before May 6, 2026.
(2) A county or municipality may:
(a) pass a resolution declaring an intent to establish within the county or municipality boundaries a critical minerals zone;
(b) enter into an interlocal agreement with the council outlining each parties' responsibilities relating to a critical minerals zone; and
(c) apply to the council for the designation of a critical minerals zone by submitting:
(i) a description of the proposed boundaries of the critical minerals zone;
(ii) an assessment of existing critical minerals extraction or processing infrastructure within and proximate to the proposed critical minerals zone;
(iii) a development plan that includes:
(A) proposed critical minerals extraction or processing projects;
(B) anticipated infrastructure improvements;
(C) projected economic benefits to the county; and
(D) evidence of local support including any interlocal agreement entered into between the county or municipality and the council, as applicable;
(iv) if the applicant is a municipality, evidence of coordination with the county in which the proposed critical minerals zone is located, including any interlocal agreement entered into between the county or municipality and the council, as applicable;
(v) if the applicant is a county and any portion of the proposed critical minerals zone is within the boundaries of a municipality, evidence of an agreement with the municipality regarding the establishment of the critical minerals zone; and
(vi) any other information required by the council.
(3) A state land use authority may:
(a) propose a critical minerals zone within lands under the state land use authority's jurisdiction; and
(b) apply to the council for the designation of a critical minerals zone by submitting:
(i) a description of the proposed boundaries of the critical minerals zone;
(ii) an assessment of existing critical minerals extraction or processing infrastructure within and proximate to the proposed critical minerals zone;
(iii) a development plan that includes:
(A) proposed critical minerals extraction or processing projects;
(B) anticipated infrastructure improvements; and
(C) projected economic benefits;
(iv) evidence that the proposed critical minerals zone is consistent with applicable land use plans and regulations; and
(v) any other information required by the council.
(4) The council shall:
(a) approve an application for a critical minerals zone designation if the application demonstrates:
(i) the proposed critical minerals zone includes land suitable for critical minerals extraction or processing development based on:
(A) adequate transportation access; and
(B) sufficient land area for proposed development; and
(ii) the critical minerals zone plan:
(A) aligns with state critical minerals objectives and policy under Section 79-10-201;
(B) includes realistic timelines and milestones;
(C) identifies specific infrastructure improvements; and
(D) quantifies projected economic benefits;
(b) make a determination on an application within 60 days of submission;
(c) provide written notice to the applicant explaining the basis for approval or denial;
(d) if a critical minerals zone overlaps with an area designated by a community reinvestment agency as a community reinvestment project area as of May 6, 2026, enter into an agreement with the community reinvestment agency to determine the percentage division of the property tax differential between:
(i) the Critical Minerals Development Account; and
(ii) the community reinvestment agency; and
(e) if a critical minerals zone overlaps with a project area of a state land use authority, enter into an agreement with the state land use authority to determine the percentage division of the property tax differential between:
(i) the Critical Minerals Development Account; and
(ii) the state land use authority.
(5) Within 30 days after the council designates a critical minerals zone:
(a) the county auditor shall certify to the council the base taxable value of property within the critical minerals zone; and
(b) the county shall transmit to the council copies of the property tax assessment rolls for the property within the critical minerals zone.
(6)
(a) Each year, the county auditor shall:
(i) determine the amount of the property tax differential for the critical minerals zone by comparing:
(A) the current assessed value of property within the critical minerals zone; and
(B) the base taxable value of property within the critical minerals zone;
(ii) inform the county treasurer of the property tax differential amount; and
(iii) provide notice to the council of the amount calculated under this Subsection (6)(a).
(b) The county treasurer shall transfer the property tax differential to the council for deposit into the Critical Minerals Development Account created in Section 79-10-701, subject to any agreements entered into under Subsections (4)(d) and (4)(e).
(c) The county treasurer shall make a distribution required under this section:
(i) at the same time as regular annual property tax distributions; and
(ii) using the same method as other property tax distributions.
(d) For property tax differential not subject to Subsection (4)(d) or (4)(e), the council may enter into agreements with taxing entities regarding the allocation of the property tax differential.
(1)
(a) The Division of Oil, Gas, and Mining shall lead a joint effort with the Utah Geological Survey and Office of Energy Development to organize and maintain a clearinghouse of geological data related to critical minerals known as the "Critical Minerals Atlas."
(b) The purpose of the atlas is to:
(i) compile reliable data that can be used by:
(A) the council, including the council using the data in developing the strategic plan required under Subsection 79-10-302(1);
(B) other government agencies;
(C) academia; and
(D) private entities; and
(ii) reconcile differences in the data submitted to the atlas.
(2)
(a) The agencies described in Subsection (1)(a) shall:
(i) develop a process by which a state agency, state institution of higher education, or private entity, including a nonprofit entity, may submit information to the atlas;
(ii) recommend which state agencies and state institutions of higher education should be required to submit data to the atlas;
(iii) develop a process by which differences in the data submitted to the atlas may be reconciled; and
(iv) develop policies consistent with Title 63G, Chapter 2, Government Records Access and Management Act, related to confidentiality of information submitted to the atlas.
(b) The Division of Oil, Gas, and Mining shall report the processes, recommendations, and policies described in Subsection (2)(a) to the Natural Resources, Agriculture, and Environment Interim Committee by no later than October 1, 2026.
(1) There is created under the general supervision of the council a center known as the "Minerals for Industrial, National, and Economic Security Center," to serve the objectives described in Section 79-10-602.
(2) The council shall create a plan and budget for the center that address:
(a) the governance of the center;
(b) the operations of the center;
(c) how the creation and activities of the center are to be funded; and
(d) other issues the council determines are relevant to the governance and operations of the center.
(3) The council shall report the council's development of a plan and budget under this section to:
(a) the Executive Appropriations Committee by no later than the 2026 September meeting of the Executive Appropriations Committee; and
(b) the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2026 October interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
The center shall:
(1) serve as the state's primary partner for issues related to developing critical mineral extraction and processing from research to commercialization, including:
(a) workforce training;
(b) the testing and piloting of technology;
(c) federal grant coordination; and
(d) development of processing capacity;
(2) coordinate the center's operations with the strategic plan established by the council in accordance with Subsection 79-10-302(1);
(3) partner with industry and academia to:
(a) develop processing and separation processes;
(b) provide technology benchmarking and performance validation;
(c) provide pilot-scale demonstrations and scale-up;
(d) integrate physical, chemical, electrochemical, and thermal processing; and
(e) provide for autonomous sampling and real-time analysis; and
(4) lay groundwork for securing federal designation of an entity within the state as a United States critical minerals national laboratory.
(1) There is created within the General Fund a restricted account known as the "Critical Minerals Development Account."
(2) Subject to appropriation, the council shall administer the Critical Minerals Development Account for the purposes described in Subsection (5).
(3) The Critical Minerals Development Account consists of:
(a) revenue deposited into the Critical Minerals Development Account under Section 79-10-403;
(b) money appropriated by the Legislature;
(c) federal money;
(d) donations or grants from public or private entities; and
(e) interest and other earnings earned on money in the Critical Minerals Development Account.
(4)
(a) The Critical Minerals Development Account shall earn interest.
(b) The state treasurer shall invest account money in accordance with Title 51, Chapter 7, State Money Management Act, and credit the interest and earnings from the investments to the Critical Minerals Development Account.
(5) Subject to appropriation, the council may use account money to:
(a) pay the costs of administering this chapter;
(b) fund the operations of the center in accordance with the plan and budget developed by the council in accordance with Section 79-10-601;
(c) facilitate critical minerals extraction and processing infrastructure development within the state, including funding research, site selection, permitting, public outreach, and other activities related to the development of critical minerals extraction or processing infrastructure;
(d) provide matching funds for federal critical minerals grants;
(e) support critical minerals workforce development programs; and
(f) provide incentives for critical minerals extraction or processing projects.
(6) The council shall include a report of how money from the Critical Minerals Development Account was used in the annual report described in Section 79-10-302.
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