S.B. 223

1

CITY AND COUNTY CARBON CREDITS FOR
2 SEQUESTRATION OF WASTE STREAM
3 MATERIALS
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Ross I. Romero
7 House Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill allows municipalities and counties to seek carbon credits for certain
12 conversions of waste material.
13 Highlighted Provisions:
14 This bill:
15 . allows municipalities and counties to seek and sell carbon credits for certain
16 conversions of waste material to charcoal or biochar; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 17-34-1, as last amended by Laws of Utah 2003, Chapter 275
25 ENACTS:
26 10-7-15.5, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-7-15.5 is enacted to read:
30 10-7-15.5. Waste and garbage collection -- Carbon credits.
31 A municipality providing waste and garbage collection and disposal services that
32 converts material to charcoal or biochar as part of the waste and garbage collection and
33 disposal services may seek and sell or trade carbon credits on any market for carbon credits.
34 Section 2. Section 17-34-1 is amended to read:
35 17-34-1. Counties may provide municipal services -- Limitation -- First class
36 counties to provide certain services -- Counties allowed to provide certain services in
37 recreational areas.
38 (1) For purposes of this chapter, except as otherwise provided in Subsection (3):
39 (a) "Greater than class C radioactive waste" has the same meaning as in Section
40 19-3-303 .
41 (b) "High-level nuclear waste" has the same meaning as in Section 19-3-303 .
42 (c) "Municipal-type services" means:
43 (i) fire protection service;
44 (ii) waste and garbage collection and disposal;
45 (iii) planning and zoning;
46 (iv) street lighting;
47 (v) in a county of the first class:
48 (A) advanced life support and paramedic services; and
49 (B) detective investigative services; and
50 (vi) all other services and functions that are required by law to be budgeted,
51 appropriated, and accounted for from a municipal services fund or a municipal capital projects
52 fund as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
53 (d) "Placement" has the same meaning as in Section 19-3-303 .
54 (e) "Storage facility" has the same meaning as in Section 19-3-303 .
55 (f) "Transfer facility" has the same meaning as in Section 19-3-303 .
56 (2) A county may:
57 (a) provide municipal-type services to areas of the county outside the limits of cities
58 and towns without providing the same services to cities or towns;

59 (b) fund those services by:
60 (i) levying a tax on taxable property in the county outside the limits of cities and towns;
61 or
62 (ii) charging a service charge or fee to persons benefitting from the municipal-type
63 services.
64 (3) A county may not:
65 (a) provide, contract to provide, or agree in any manner to provide municipal-type
66 services, as these services are defined in Section 19-3-303 , to any area under consideration for
67 a storage facility or transfer facility for the placement of high-level nuclear waste, or greater
68 than class C radioactive waste; or
69 (b) seek to fund services for these facilities by:
70 (i) levying a tax; or
71 (ii) charging a service charge or fee to persons benefitting from the municipal-type
72 services.
73 (4) Each county of the first class shall provide to the area of the county outside the
74 limits of cities and towns:
75 (a) advanced life support and paramedic services; and
76 (b) detective investigative services.
77 (5) (a) A county may provide fire, paramedic, and police protection services in any area
78 of the county outside the limits of cities and towns that is designated as a recreational area in
79 accordance with the provisions of this Subsection (5).
80 (b) A county legislative body may designate any area of the county outside the limits of
81 cities and towns as a recreational area if:
82 (i) the area has fewer than 1,500 residents and is primarily used for recreational
83 purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds,
84 or picnic areas; and
85 (ii) the county legislative body makes a finding that the recreational area is used by
86 residents of the county who live both inside and outside the limits of cities and towns.
87 (c) Fire, paramedic, and police protection services needed to primarily serve those
88 involved in the recreation activities in areas designated as recreational areas by the county
89 legislative body in accordance with Subsection (5)(b) may be funded from the county general

90 fund.
91 (6) A county providing waste and garbage collection and disposal services that
92 converts material to charcoal or biochar as part of the waste and garbage collection and
93 disposal services may seek and sell or trade carbon credits on any market for carbon credits.




Legislative Review Note
as of 2-24-09 5:08 PM

Office of Legislative Research and General Counsel