1     
NATURAL RESOURCES ENTITIES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the state entities that involve natural resources.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a coordination council;
13          ▸     moves the Office of Energy Development to within the Department of Natural
14     Resources;
15          ▸     divides the Division of Parks and Recreation into two divisions and transfers certain
16     grants administered by the Utah Office of Outdoor Recreation to the new division;
17          ▸     addresses the Outdoor Adventure Commission;
18          ▸     addresses the Utah Office of Outdoor Recreation and its powers and duties;
19          ▸     removes certain outdated provisions;
20          ▸     includes a transition and study provision and repeal of the provision; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          This bill provides appropriations necessary to merge the Office of Energy Development
24     into the Department of Natural Resources and to divide the Division of Parks and
25     Recreation into two divisions.
26     Other Special Clauses:
27          This bill provides a special effective date.
28          This bill provides coordination clauses.
29          This bill provides revisor instructions.

30     Utah Code Sections Affected:
31     AMENDS:
32          9-9-408, as last amended by Laws of Utah 2019, Chapter 246
33          11-42a-102, as last amended by Laws of Utah 2020, Chapter 244
34          11-45-102, as last amended by Laws of Utah 2012, Chapter 37
35          32B-6-702, as last amended by Laws of Utah 2020, Chapter 219
36          41-1a-418, as last amended by Laws of Utah 2020, Chapters 120, 322, and 405
37          41-1a-422, as last amended by Laws of Utah 2020, Chapters 120, 322, 354, and 405
38          41-6a-1509, as last amended by Laws of Utah 2019, Chapter 421
39          41-22-2, as last amended by Laws of Utah 2018, Chapter 166
40          41-22-3, as last amended by Laws of Utah 2015, Chapter 412
41          41-22-5.1, as last amended by Laws of Utah 2008, Chapter 382
42          41-22-5.5, as last amended by Laws of Utah 2018, Chapter 166
43          41-22-8, as last amended by Laws of Utah 2018, Chapter 373
44          41-22-10, as last amended by Laws of Utah 2007, Chapter 299
45          41-22-10.7, as last amended by Laws of Utah 2015, Chapter 412
46          41-22-19.5, as last amended by Laws of Utah 2011, Chapter 303
47          41-22-30, as last amended by Laws of Utah 2017, Chapter 38
48          41-22-31, as last amended by Laws of Utah 2017, Chapter 38
49          41-22-33, as last amended by Laws of Utah 2017, Chapter 38
50          41-22-35, as last amended by Laws of Utah 2019, Chapter 44
51          54-4-41, as enacted by Laws of Utah 2020, Chapter 217
52          57-14-204, as renumbered and amended by Laws of Utah 2013, Chapter 212
53          59-5-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 3
54          59-7-614, as last amended by Laws of Utah 2019, Chapter 247
55          59-7-614.7, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
56          59-7-619, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
57          59-10-1014, as last amended by Laws of Utah 2019, Chapter 247

58          59-10-1024, as last amended by Laws of Utah 2019, Chapter 247
59          59-10-1029, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
60          59-10-1034, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
61          59-10-1106, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
62          59-12-104, as last amended by Laws of Utah 2020, Chapters 44, 91, 354, 412, and 438
63          59-13-201, as last amended by Laws of Utah 2017, Chapter 234
64          59-21-2, as last amended by Laws of Utah 2018, Chapter 28
65          59-28-103, as last amended by Laws of Utah 2019, Chapter 290
66          63A-4-104, as enacted by Laws of Utah 1998, Chapter 225
67          63B-3-301, as last amended by Laws of Utah 2019, Chapter 61
68          63B-4-301, as last amended by Laws of Utah 2013, Chapter 310
69          63B-5-201, as last amended by Laws of Utah 2018, Chapter 25
70          63B-6-501, as last amended by Laws of Utah 2008, Chapter 382
71          63B-6-502, as last amended by Laws of Utah 2008, Chapter 250
72          63B-7-102, as last amended by Laws of Utah 2014, Chapter 196
73          63B-10-302, as last amended by Laws of Utah 2008, Chapter 382
74          63C-21-201, as enacted by Laws of Utah 2020, Chapter 199
75          63C-21-202, as enacted by Laws of Utah 2020, Chapter 199
76          63H-2-102, as last amended by Laws of Utah 2014, Chapter 301
77          63H-2-202, as last amended by Laws of Utah 2016, Chapter 337
78          63H-4-102, as last amended by Laws of Utah 2020, Chapter 352
79          63H-4-110, as renumbered and amended by Laws of Utah 2011, Chapter 370
80          63H-5-110, as renumbered and amended by Laws of Utah 2011, Chapter 370
81          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
82     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
83     of Utah 2020, Chapter 360
84          63I-1-279, as enacted by Laws of Utah 2020, Chapter 154
85          63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12

86          63J-1-601, as last amended by Laws of Utah 2018, Chapters 76 and 469
87          63J-1-602.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
88          63J-4-502, as last amended by Laws of Utah 2015, Chapter 451
89          63J-4-608, as last amended by Laws of Utah 2020, Chapter 354
90          63L-2-301, as last amended by Laws of Utah 2020, Chapter 168
91          63L-7-104, as enacted by Laws of Utah 2014, Chapter 323
92          63N-9-102, as last amended by Laws of Utah 2019, Chapter 506
93          63N-9-106, as last amended by Laws of Utah 2019, Chapter 506
94          63N-9-202, as enacted by Laws of Utah 2016, Chapter 88
95          65A-3-1, as last amended by Laws of Utah 2018, Chapter 420
96          65A-10-2, as last amended by Laws of Utah 1994, Chapter 294
97          72-1-216, as enacted by Laws of Utah 2020, Chapter 104
98          72-4-302, as last amended by Laws of Utah 2019, Chapter 246
99          72-11-204, as last amended by Laws of Utah 2010, Chapter 286
100          73-3-30, as last amended by Laws of Utah 2020, Chapter 421
101          73-3-31, as last amended by Laws of Utah 2014, Chapter 420
102          73-10e-1, as last amended by Laws of Utah 2009, Chapter 344
103          73-18-2, as last amended by Laws of Utah 2015, Chapter 113
104          73-18-3.5, as enacted by Laws of Utah 1987, Chapter 99
105          73-18-4, as last amended by Laws of Utah 2011, Chapter 386
106          73-18-7, as last amended by Laws of Utah 2016, Chapter 303
107          73-18-8, as last amended by Laws of Utah 2016, Chapter 303
108          73-18-9, as last amended by Laws of Utah 2008, Chapter 94
109          73-18-11, as last amended by Laws of Utah 1986, Chapter 197
110          73-18-13, as last amended by Laws of Utah 2015, Chapter 412
111          73-18-13.5, as last amended by Laws of Utah 2011, Chapter 386
112          73-18-15, as last amended by Laws of Utah 2012, Chapter 411
113          73-18-15.2, as last amended by Laws of Utah 2016, Chapter 303

114          73-18-16, as last amended by Laws of Utah 2016, Chapter 303
115          73-18-17, as last amended by Laws of Utah 1987, Chapter 99
116          73-18-20, as last amended by Laws of Utah 2019, Chapter 75
117          73-18a-1, as last amended by Laws of Utah 1986, Chapter 197
118          73-18a-4, as last amended by Laws of Utah 2008, Chapter 382
119          73-18a-5, as last amended by Laws of Utah 2008, Chapter 382
120          73-18a-12, as last amended by Laws of Utah 2008, Chapter 382
121          73-18b-1, as last amended by Laws of Utah 2007, Chapter 136
122          73-18b-4, as last amended by Laws of Utah 1997, Chapter 276
123          73-18c-102, as last amended by Laws of Utah 2007, Chapter 113
124          73-18c-201, as last amended by Laws of Utah 2008, Chapter 382
125          76-6-206.2, as last amended by Laws of Utah 2009, Chapter 344
126          77-2-4.3, as enacted by Laws of Utah 2011, Chapter 386
127          78A-5-110, as last amended by Laws of Utah 2017, Chapters 144, 150, and 186
128          78A-7-120, as last amended by Laws of Utah 2020, Chapter 230
129          79-2-201, as last amended by Laws of Utah 2020, Chapters 190 and 309
130          79-4-101, as enacted by Laws of Utah 2009, Chapter 344
131          79-4-102, as enacted by Laws of Utah 2009, Chapter 344
132          79-4-201, as renumbered and amended by Laws of Utah 2009, Chapter 344
133          79-4-202, as renumbered and amended by Laws of Utah 2009, Chapter 344
134          79-4-203, as last amended by Laws of Utah 2015, Chapter 163
135          79-4-204, as renumbered and amended by Laws of Utah 2009, Chapter 344
136          79-4-301, as renumbered and amended by Laws of Utah 2009, Chapter 344
137          79-4-302, as last amended by Laws of Utah 2020, Chapters 352 and 373
138          79-4-401, as renumbered and amended by Laws of Utah 2009, Chapter 344
139          79-4-502, as renumbered and amended by Laws of Utah 2009, Chapter 344 and
140     repealed and reenacted by Laws of Utah 2009, Chapter 347
141          79-5-102, as last amended by Laws of Utah 2019, Chapter 428

142          79-5-201, as renumbered and amended by Laws of Utah 2009, Chapter 344
143          79-5-501, as renumbered and amended by Laws of Utah 2009, Chapter 344
144     ENACTS:
145          63I-2-279, Utah Code Annotated 1953
146          79-1-103, Utah Code Annotated 1953
147          79-2-206, Utah Code Annotated 1953
148          79-7-101, Utah Code Annotated 1953
149          79-7-102, Utah Code Annotated 1953
150          79-7-201, Utah Code Annotated 1953
151          79-7-202, Utah Code Annotated 1953
152          79-7-203, Utah Code Annotated 1953
153          79-7-204, Utah Code Annotated 1953
154          79-7-205, Utah Code Annotated 1953
155          79-7-301, Utah Code Annotated 1953
156          79-7-401, Utah Code Annotated 1953
157          79-7-402, Utah Code Annotated 1953
158          79-8-101, Utah Code Annotated 1953
159          79-8-102, Utah Code Annotated 1953
160          79-8-103, Utah Code Annotated 1953
161          79-8-104, Utah Code Annotated 1953
162     RENUMBERS AND AMENDS:
163          79-6-101, (Renumbered from 63M-4-101, as renumbered and amended by Laws of
164     Utah 2008, Chapter 382)
165          79-6-102, (Renumbered from 63M-4-102, as last amended by Laws of Utah 2012,
166     Chapter 37)
167          79-6-201, (Renumbered from 63M-4-201, as last amended by Laws of Utah 2013,
168     Chapter 295)
169          79-6-202, (Renumbered from 63M-4-202, as renumbered and amended by Laws of

170     Utah 2008, Chapter 382)
171          79-6-203, (Renumbered from 63M-4-203, as last amended by Laws of Utah 2015,
172     Chapter 378)
173          79-6-301, (Renumbered from 63M-4-301, as last amended by Laws of Utah 2019,
174     Chapter 415)
175          79-6-302, (Renumbered from 63M-4-302, as last amended by Laws of Utah 2016,
176     Chapter 13)
177          79-6-401, (Renumbered from 63M-4-401, as last amended by Laws of Utah 2019,
178     Chapter 247)
179          79-6-402, (Renumbered from 63M-4-402, as enacted by Laws of Utah 2014, Chapter
180     294)
181          79-6-501, (Renumbered from 63M-4-501, as enacted by Laws of Utah 2012, Chapter
182     410)
183          79-6-502, (Renumbered from 63M-4-502, as enacted by Laws of Utah 2012, Chapter
184     410)
185          79-6-503, (Renumbered from 63M-4-503, as last amended by Laws of Utah 2018,
186     Chapter 149)
187          79-6-504, (Renumbered from 63M-4-504, as enacted by Laws of Utah 2012, Chapter
188     410)
189          79-6-505, (Renumbered from 63M-4-505, as last amended by Laws of Utah 2016,
190     Chapters 13 and 135)
191          79-6-601, (Renumbered from 63M-4-601, as enacted by Laws of Utah 2015, Chapter
192     356)
193          79-6-602, (Renumbered from 63M-4-602, as last amended by Laws of Utah 2019,
194     Chapter 501)
195          79-6-603, (Renumbered from 63M-4-603, as last amended by Laws of Utah 2018,
196     Chapter 149)
197          79-6-604, (Renumbered from 63M-4-604, as enacted by Laws of Utah 2015, Chapter

198     356)
199          79-6-605, (Renumbered from 63M-4-605, as last amended by Laws of Utah 2016,
200     Chapter 13)
201          79-6-606, (Renumbered from 63M-4-606, as enacted by Laws of Utah 2016, Chapter
202     337)
203          79-6-701, (Renumbered from 63M-4-701, as last amended by Laws of Utah 2020,
204     Chapter 412)
205          79-6-702, (Renumbered from 63M-4-702, as last amended by Laws of Utah 2020,
206     Chapter 412)
207          79-6-801, (Renumbered from 63M-4-801, as enacted by Laws of Utah 2020, Chapter
208     430)
209          79-6-802, (Renumbered from 63M-4-802, as enacted by Laws of Utah 2020, Chapter
210     430)
211          79-6-803, (Renumbered from 63M-4-803, as enacted by Laws of Utah 2020, Chapter
212     430)
213          79-6-804, (Renumbered from 63M-4-804, as enacted by Laws of Utah 2020, Chapter
214     430)
215          79-6-805, (Renumbered from 63M-4-805, as enacted by Laws of Utah 2020, Chapter
216     430)
217          79-7-302, (Renumbered from 79-2-402, as last amended by Laws of Utah 2010,
218     Chapter 218)
219          79-8-105, (Renumbered from 63N-9-204, as last amended by Laws of Utah 2019,
220     Chapter 290)
221          79-8-106, (Renumbered from 63N-9-205, as last amended by Laws of Utah 2019,
222     Chapter 290)
223          79-8-201, (Renumbered from 63N-9-301, as enacted by Laws of Utah 2019, Chapter
224     290)
225          79-8-202, (Renumbered from 63N-9-302, as enacted by Laws of Utah 2019, Chapter

226     290)
227          79-8-203, (Renumbered from 63N-9-303, as enacted by Laws of Utah 2019, Chapter
228     290)
229          79-8-301, (Renumbered from 63N-9-401, as enacted by Laws of Utah 2019, Chapter
230     506)
231          79-8-302, (Renumbered from 63N-9-402, as enacted by Laws of Utah 2019, Chapter
232     506)
233          79-8-303, (Renumbered from 63N-9-403, as enacted by Laws of Utah 2019, Chapter
234     506)
235          79-8-304, (Renumbered from 63N-9-404, as enacted by Laws of Utah 2019, Chapter
236     506)
237     Utah Code Sections Affected by Coordination Clause:
238          9-9-112, Utah Code Annotated 1953
239          59-10-1034, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
240          79-8-303, (Renumbered from 63N-9-403as enacted by Laws of Utah 2019, Chapter
241     506)
242     Utah Code Sections Affected by Revisor Instructions:
243          79-2-206, Utah Code Annotated 1953
244     

245     Be it enacted by the Legislature of the state of Utah:
246          Section 1. Section 9-9-408 is amended to read:
247          9-9-408. Burial of ancient Native American remains in state parks.
248          (1) As used in this section:
249          (a) "Ancient Native American remains" means ancient human remains, as defined in
250     Section 9-8-302, that are Native American remains, as defined in Section 9-9-402.
251          (b) "Antiquities Section" means the Antiquities Section of the Division of State History
252     created in Section 9-8-304.
253          (2) (a) The division, the Antiquities Section, and the Division of State Parks [and

254     Recreation] shall cooperate in a study of the feasibility of burying ancient Native American
255     remains in state parks.
256          (b) The study shall include:
257          (i) the process and criteria for determining which state parks would have land sufficient
258     and appropriate to reserve a portion of the land for the burial of ancient Native American
259     remains;
260          (ii) the process for burying the ancient Native American remains on the lands within
261     state parks, including the responsibilities of state agencies and the assurance of cultural
262     sensitivity;
263          (iii) how to keep a record of the locations in which specific ancient Native American
264     remains are buried;
265          (iv) how to account for the costs of:
266          (A) burying the ancient Native American remains on lands found within state parks;
267     and
268          (B) securing and maintaining burial sites in state parks; and
269          (v) any issues related to burying ancient Native American remains in state parks.
270          Section 2. Section 11-42a-102 is amended to read:
271          11-42a-102. Definitions.
272          (1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
273     the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
274          (2) (a) "Assessment" means the assessment that a local entity or the C-PACE district
275     levies on private property under this chapter to cover the costs of an energy efficiency upgrade,
276     a renewable energy system, or an electric vehicle charging infrastructure.
277          (b) "Assessment" does not constitute a property tax but shares the same priority lien as
278     a property tax.
279          (3) "Assessment fund" means a special fund that a local entity establishes under
280     Section 11-42a-206.
281          (4) "Benefitted property" means private property within an energy assessment area that

282     directly benefits from improvements.
283          (5) "Bond" means an assessment bond and a refunding assessment bond.
284          (6) (a) "Commercial or industrial real property" means private real property used
285     directly or indirectly or held for one of the following purposes or activities, regardless of
286     whether the purpose or activity is for profit:
287          (i) commercial;
288          (ii) mining;
289          (iii) agricultural;
290          (iv) industrial;
291          (v) manufacturing;
292          (vi) trade;
293          (vii) professional;
294          (viii) a private or public club;
295          (ix) a lodge;
296          (x) a business; or
297          (xi) a similar purpose.
298          (b) "Commercial or industrial real property" includes:
299          (i) private real property that is used as or held for dwelling purposes and contains:
300          (A) more than four rental units; or
301          (B) one or more owner-occupied or rental condominium units affiliated with a hotel;
302     and
303          (ii) real property owned by:
304          (A) the military installation development authority, created in Section 63H-1-201; or
305          (B) the Utah Inland Port Authority, created in Section 11-58-201.
306          (7) "Contract price" means:
307          (a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an
308     improvement, as determined by the owner of the property benefitting from the improvement; or
309          (b) the amount payable to one or more contractors for the assessment, design,

310     engineering, inspection, and construction of an improvement.
311          (8) "C-PACE" means commercial property assessed clean energy.
312          (9) "C-PACE district" means the statewide authority established in Section 11-42a-106
313     to implement the C-PACE Act in collaboration with governing bodies, under the direction of
314     OED.
315          (10) "Electric vehicle charging infrastructure" means equipment that is:
316          (a) permanently affixed to commercial or industrial real property; and
317          (b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying
318     plug-in hybrid vehicle.
319          (11) "Energy assessment area" means an area:
320          (a) within the jurisdictional boundaries of a local entity that approves an energy
321     assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the
322     C-PACE district or the state interlocal entity;
323          (b) containing only the commercial or industrial real property of owners who have
324     voluntarily consented to an assessment under this chapter for the purpose of financing the costs
325     of improvements that benefit property within the energy assessment area; and
326          (c) in which the proposed benefitted properties in the area are:
327          (i) contiguous; or
328          (ii) located on one or more contiguous or adjacent tracts of land that would be
329     contiguous or adjacent property but for an intervening right-of-way, including a sidewalk,
330     street, road, fixed guideway, or waterway.
331          (12) "Energy assessment bond" means a bond:
332          (a) issued under Section 11-42a-401; and
333          (b) payable in part or in whole from assessments levied in an energy assessment area.
334          (13) "Energy assessment lien" means a lien on property within an energy assessment
335     area that arises from the levy of an assessment in accordance with Section 11-42a-301.
336          (14) "Energy assessment ordinance" means an ordinance that a local entity adopts
337     under Section 11-42a-201 that:

338          (a) designates an energy assessment area;
339          (b) levies an assessment on benefitted property within the energy assessment area; and
340          (c) if applicable, authorizes the issuance of energy assessment bonds.
341          (15) "Energy assessment resolution" means one or more resolutions adopted by a local
342     entity under Section 11-42a-201 that:
343          (a) designates an energy assessment area;
344          (b) levies an assessment on benefitted property within the energy assessment area; and
345          (c) if applicable, authorizes the issuance of energy assessment bonds.
346          (16) "Energy efficiency upgrade" means an improvement that is:
347          (a) permanently affixed to commercial or industrial real property; and
348          (b) designed to reduce energy or water consumption, including:
349          (i) insulation in:
350          (A) a wall, roof, floor, or foundation; or
351          (B) a heating and cooling distribution system;
352          (ii) a window or door, including:
353          (A) a storm window or door;
354          (B) a multiglazed window or door;
355          (C) a heat-absorbing window or door;
356          (D) a heat-reflective glazed and coated window or door;
357          (E) additional window or door glazing;
358          (F) a window or door with reduced glass area; or
359          (G) other window or door modifications;
360          (iii) an automatic energy control system;
361          (iv) in a building or a central plant, a heating, ventilation, or air conditioning and
362     distribution system;
363          (v) caulk or weatherstripping;
364          (vi) a light fixture that does not increase the overall illumination of a building, unless
365     an increase is necessary to conform with the applicable building code;

366          (vii) an energy recovery system;
367          (viii) a daylighting system;
368          (ix) measures to reduce the consumption of water, through conservation or more
369     efficient use of water, including installation of:
370          (A) low-flow toilets and showerheads;
371          (B) timer or timing systems for a hot water heater; or
372          (C) rain catchment systems;
373          (x) a modified, installed, or remodeled fixture that is approved as a utility cost-saving
374     measure by the governing body or executive of a local entity;
375          (xi) measures or other improvements to effect seismic upgrades;
376          (xii) structures, measures, or other improvements to provide automated parking or
377     parking that reduces land use;
378          (xiii) the extension of an existing natural gas distribution company line;
379          (xiv) an energy efficient elevator, escalator, or other vertical transport device;
380          (xv) any other improvement that the governing body or executive of a local entity
381     approves as an energy efficiency upgrade; or
382          (xvi) any improvement that relates physically or functionally to any of the
383     improvements listed in Subsections (16)(b)(i) through (xv).
384          (17) "Governing body" means:
385          (a) for a county, city, town, or metro township, the legislative body of the county, city,
386     town, or metro township;
387          (b) for a local district, the board of trustees of the local district;
388          (c) for a special service district:
389          (i) if no administrative control board has been appointed under Section 17D-1-301, the
390     legislative body of the county, city, town, or metro township that established the special service
391     district; or
392          (ii) if an administrative control board has been appointed under Section 17D-1-301, the
393     administrative control board of the special service district;

394          (d) for the military installation development authority created in Section 63H-1-201,
395     the board, as that term is defined in Section 63H-1-102; and
396          (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as
397     defined in Section 11-58-102.
398          (18) "Improvement" means a publicly or privately owned energy efficiency upgrade,
399     renewable energy system, or electric vehicle charging infrastructure that:
400          (a) a property owner has requested; or
401          (b) has been or is being installed on a property for the benefit of the property owner.
402          (19) "Incidental refunding costs" means any costs of issuing a refunding assessment
403     bond and calling, retiring, or paying prior bonds, including:
404          (a) legal and accounting fees;
405          (b) charges of financial advisors, escrow agents, certified public accountant verification
406     entities, and trustees;
407          (c) underwriting discount costs, printing costs, and the costs of giving notice;
408          (d) any premium necessary in the calling or retiring of prior bonds;
409          (e) fees to be paid to the local entity to issue the refunding assessment bond and to
410     refund the outstanding prior bonds;
411          (f) any other costs that the governing body determines are necessary and proper to incur
412     in connection with the issuance of a refunding assessment bond; and
413          (g) any interest on the prior bonds that is required to be paid in connection with the
414     issuance of the refunding assessment bond.
415          (20) "Installment payment date" means the date on which an installment payment of an
416     assessment is payable.
417          (21) "Jurisdictional boundaries" means:
418          (a) for the C-PACE district or any state interlocal entity, the boundaries of the state;
419     and
420          (b) for each local entity, the boundaries of the local entity.
421          (22) "Local district" means a local district under Title 17B, Limited Purpose Local

422     Government Entities - Local Districts.
423          (23) (a) "Local entity" means:
424          (i) a county, city, town, or metro township;
425          (ii) a special service district, a local district, or an interlocal entity as that term is
426     defined in Section 11-13-103;
427          (iii) a state interlocal entity;
428          (iv) the military installation development authority, created in Section 63H-1-201;
429          (v) the Utah Inland Port Authority, created in Section 11-58-201; or
430          (vi) any political subdivision of the state.
431          (b) "Local entity" includes the C-PACE district solely in connection with:
432          (i) the designation of an energy assessment area;
433          (ii) the levying of an assessment; and
434          (iii) the assignment of an energy assessment lien to a third-party lender under Section
435     11-42a-302.
436          (24) "Local entity obligations" means energy assessment bonds and refunding
437     assessment bonds that a local entity issues.
438          (25) "OED" means the Office of Energy Development created in Section [63M-4-401]
439     79-6-401.
440          (26) "OEM vehicle" means the same as that term is defined in Section 19-1-402.
441          (27) "Overhead costs" means the actual costs incurred or the estimated costs to be
442     incurred in connection with an energy assessment area, including:
443          (a) appraisals, legal fees, filing fees, facilitation fees, and financial advisory charges;
444          (b) underwriting fees, placement fees, escrow fees, trustee fees, and paying agent fees;
445          (c) publishing and mailing costs;
446          (d) costs of levying an assessment;
447          (e) recording costs; and
448          (f) all other incidental costs.
449          (28) "Parameters resolution" means a resolution or ordinance that a local entity adopts

450     in accordance with Section 11-42a-201.
451          (29) "Prior bonds" means the energy assessment bonds refunded in part or in whole by
452     a refunding assessment bond.
453          (30) "Prior energy assessment ordinance" means the ordinance levying the assessments
454     from which the prior bonds are payable.
455          (31) "Prior energy assessment resolution" means the resolution levying the assessments
456     from which the prior bonds are payable.
457          (32) "Property" includes real property and any interest in real property, including water
458     rights and leasehold rights.
459          (33) "Public electrical utility" means a large-scale electric utility as that term is defined
460     in Section 54-2-1.
461          (34) "Qualifying electric vehicle" means a vehicle that:
462          (a) meets air quality standards;
463          (b) is not fueled by natural gas;
464          (c) draws propulsion energy from a battery with at least 10 kilowatt hours of capacity;
465     and
466          (d) is an OEM vehicle except that the vehicle is fueled by a fuel described in
467     Subsection (34)(c).
468          (35) "Qualifying plug-in hybrid vehicle" means a vehicle that:
469          (a) meets air quality standards;
470          (b) is not fueled by natural gas or propane;
471          (c) has a battery capacity that meets or exceeds the battery capacity described in
472     Subsection 30D(b)(3), Internal Revenue Code; and
473          (d) is fueled by a combination of electricity and:
474          (i) diesel fuel;
475          (ii) gasoline; or
476          (iii) a mixture of gasoline and ethanol.
477          (36) "Reduced payment obligation" means the full obligation of an owner of property

478     within an energy assessment area to pay an assessment levied on the property after the local
479     entity has reduced the assessment because of the issuance of a refunding assessment bond, in
480     accordance with Section 11-42a-403.
481          (37) "Refunding assessment bond" means an assessment bond that a local entity issues
482     under Section 11-42a-403 to refund, in part or in whole, energy assessment bonds.
483          (38) (a) "Renewable energy system" means a product, system, device, or interacting
484     group of devices that is permanently affixed to commercial or industrial real property not
485     located in the certified service area of a distribution electrical cooperative, as that term is
486     defined in Section 54-2-1, and:
487          (i) produces energy from renewable resources, including:
488          (A) a photovoltaic system;
489          (B) a solar thermal system;
490          (C) a wind system;
491          (D) a geothermal system, including a generation system, a direct-use system, or a
492     ground source heat pump system;
493          (E) a microhydro system;
494          (F) a biofuel system; or
495          (G) any other renewable source system that the governing body of the local entity
496     approves;
497          (ii) stores energy, including:
498          (A) a battery storage system; or
499          (B) any other energy storing system that the governing body or chief executive officer
500     of a local entity approves; or
501          (iii) any improvement that relates physically or functionally to any of the products,
502     systems, or devices listed in Subsection (38)(a)(i) or (ii).
503          (b) "Renewable energy system" does not include a system described in Subsection
504     (38)(a)(i) if the system provides energy to property outside the energy assessment area, unless
505     the system:

506          (i) (A) existed before the creation of the energy assessment area; and
507          (B) beginning before January 1, 2017, provides energy to property outside of the area
508     that became the energy assessment area; or
509          (ii) provides energy to property outside the energy assessment area under an agreement
510     with a public electrical utility that is substantially similar to agreements for other renewable
511     energy systems that are not funded under this chapter.
512          (39) "Special service district" means the same as that term is defined in Section
513     17D-1-102.
514          (40) "State interlocal entity" means:
515          (a) an interlocal entity created under Chapter 13, Interlocal Cooperation Act, by two or
516     more counties, cities, towns, or metro townships that collectively represent at least a majority
517     of the state's population; or
518          (b) an entity that another state authorized, before January 1, 2017, to issue bonds,
519     notes, or other obligations or refunding obligations to finance or refinance projects in the state.
520          (41) "Third-party lender" means a trust company, savings bank, savings and loan
521     association, bank, credit union, or any other entity that provides loans directly to property
522     owners for improvements authorized under this chapter.
523          Section 3. Section 11-45-102 is amended to read:
524          11-45-102. Definitions.
525          As used in this [section] chapter:
526          (1) "Energy code" means the energy efficiency code adopted under Section 15A-1-204.
527          (2) (a) "Energy efficiency project" means:
528          (i) for an existing building, a retrofit to improve energy efficiency; or
529          (ii) for a new building, an enhancement to improve energy efficiency beyond the
530     minimum required by the energy code.
531          (b) "Energy efficiency projects" include the following expenses:
532          (i) construction;
533          (ii) engineering;

534          (iii) energy audit; or
535          (iv) inspection.
536          (3) "Fund" means the Energy Efficiency Fund created in Part 2, Energy Efficiency
537     Fund.
538          (4) "Office" means the Office of Energy Development created in Section [63M-4-401]
539     79-6-401.
540          (5) "Political subdivision" means a county, city, town, or school district.
541          Section 4. Section 32B-6-702 is amended to read:
542          32B-6-702. Definitions.
543          As used in this part:
544          (1) "Commission-approved activity" means a leisure activity that:
545          (a) the commission approves by rule made in accordance with Title 63G, Chapter 3,
546     Utah Administrative Rulemaking Act; and
547          (b) does not involve the use of a dangerous weapon.
548          (2) (a) "Recreational amenity" means:
549          (i) a billiard parlor;
550          (ii) a pool parlor;
551          (iii) a bowling facility;
552          (iv) a golf course;
553          (v) miniature golf;
554          (vi) a golf driving range;
555          (vii) a tennis club;
556          (viii) a sports facility that hosts professional sporting events and has a seating capacity
557     equal to or greater than 6,500;
558          (ix) a concert venue that has a seating capacity equal to or greater than 6,500;
559          (x) one of the following if owned by a government agency:
560          (A) a convention center;
561          (B) a fair facility;

562          (C) an equestrian park;
563          (D) a theater; or
564          (E) a concert venue;
565          (xi) an amusement park:
566          (A) with one or more permanent amusement rides; and
567          (B) located on at least 50 acres;
568          (xii) a ski resort;
569          (xiii) a venue for live entertainment if the venue:
570          (A) is not regularly open for more than five hours on any day;
571          (B) is operated so that food is available whenever beer is sold, offered for sale, or
572     furnished at the venue; and
573          (C) is operated so that no more than 15% of its total annual receipts are from the sale
574     of beer;
575          (xiv) concessions operated within the boundary of a park administered by the:
576          (A) Division of State Parks [and Recreation]; or
577          (B) National Parks Service;
578          (xv) a facility or venue that is a recreational amenity for a person licensed under this
579     part before May 12, 2020;
580          (xvi) a venue for karaoke; or
581          (xvii) an enterprise developed around a commission-approved activity.
582          (b) "Recreational amenity" does not include an item described in Subsection (2)(a), if
583     the item is tangential to an enterprise or activity that is not included in Subsection (2)(a).
584          Section 5. Section 41-1a-418 is amended to read:
585          41-1a-418. Authorized special group license plates.
586          (1) The division shall only issue special group license plates in accordance with this
587     section through Section 41-1a-422 to a person who is specified under this section within the
588     categories listed as follows:
589          (a) disability special group license plates issued in accordance with Section 41-1a-420;

590          (b) honor special group license plates, as in a war hero, which plates are issued for a:
591          (i) survivor of the Japanese attack on Pearl Harbor;
592          (ii) former prisoner of war;
593          (iii) recipient of a Purple Heart;
594          (iv) disabled veteran;
595          (v) recipient of a gold star award issued by the United States Secretary of Defense; or
596          (vi) recipient of a campaign or combat theater award determined by the Department of
597     Veterans and Military Affairs;
598          (c) unique vehicle type special group license plates, as for historical, collectors value,
599     or other unique vehicle type, which plates are issued for:
600          (i) a special interest vehicle;
601          (ii) a vintage vehicle;
602          (iii) a farm truck; or
603          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
604     defined in Section 59-13-102; or
605          (B) beginning on the effective date of rules made by the Department of Transportation
606     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
607     powered by clean fuel that meets the standards established by the Department of Transportation
608     in rules authorized under Subsection 41-6a-702(5)(b);
609          (d) recognition special group license plates, which plates are issued for:
610          (i) a current member of the Legislature;
611          (ii) a current member of the United States Congress;
612          (iii) a current member of the National Guard;
613          (iv) a licensed amateur radio operator;
614          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
615          (vi) an emergency medical technician;
616          (vii) a current member of a search and rescue team;
617          (viii) a current honorary consulate designated by the United States Department of

618     State;
619          (ix) an individual supporting commemoration and recognition of women's suffrage;
620          (x) an individual supporting a fraternal, initiatic order for those sharing moral and
621     metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
622     relief, and truth;
623          (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
624          (xii) an individual supporting the recognition and continuation of the work and life of
625     Dr. Martin Luther King, Jr.; or
626          (e) support special group license plates, as for a contributor to an institution or cause,
627     which plates are issued for a contributor to:
628          (i) an institution's scholastic scholarship fund;
629          (ii) the Division of Wildlife Resources;
630          (iii) the Department of Veterans and Military Affairs;
631          (iv) the Division of [Parks and] State Parks or the Division of Recreation;
632          (v) the Department of Agriculture and Food;
633          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
634          (vii) the Boy Scouts of America;
635          (viii) spay and neuter programs through No More Homeless Pets in Utah;
636          (ix) the Boys and Girls Clubs of America;
637          (x) Utah public education;
638          (xi) programs that provide support to organizations that create affordable housing for
639     those in severe need through the Division of Real Estate;
640          (xii) the Department of Public Safety;
641          (xiii) programs that support Zion National Park;
642          (xiv) beginning on July 1, 2009, programs that provide support to firefighter
643     organizations;
644          (xv) programs that promote bicycle operation and safety awareness;
645          (xvi) programs that conduct or support cancer research;

646          (xvii) programs that create or support autism awareness;
647          (xviii) programs that create or support humanitarian service and educational and
648     cultural exchanges;
649          (xix) until September 30, 2017, programs that conduct or support prostate cancer
650     awareness, screening, detection, or prevention;
651          (xx) programs that support and promote adoptions;
652          (xxi) programs that support issues affecting women and children through an
653     organization affiliated with a national professional men's basketball organization;
654          (xxii) programs that strengthen youth soccer, build communities, and promote
655     environmental sustainability through an organization affiliated with a professional men's soccer
656     organization;
657          (xxiii) programs that support children with heart disease;
658          (xxiv) programs that support the operation and maintenance of the Utah Law
659     Enforcement Memorial;
660          (xxv) programs that provide assistance to children with cancer;
661          (xxvi) programs that promote leadership and career development through agricultural
662     education;
663          (xxvii) the Utah State Historical Society;
664          (xxviii) programs to transport veterans to visit memorials honoring the service and
665     sacrifices of veterans;
666          (xxix) programs that promote motorcycle safety awareness;
667          (xxx) organizations that promote clean air through partnership, education, and
668     awareness; or
669          (xxxi) programs dedicated to strengthening the state's Latino community through
670     education, mentoring, and leadership opportunities.
671          (2) (a) The division may not issue a new type of special group license plate or decal
672     unless the division receives:
673          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for

674     the production and administrative costs of providing the new special group license plates or
675     decals; or
676          (B) a legislative appropriation for the start-up fee provided under Subsection
677     (2)(a)(i)(A); and
678          (ii) beginning on January 1, 2012, and for the issuance of a support special group
679     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
680     type of support special group license plate or decal to be issued with all fees required under this
681     part for the support special group license plate or decal issuance paid by each applicant.
682          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
683     hold applications for support special group license plates or decals authorized in Section
684     41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
685          (ii) Once a participating organization has received at least 500 applications, it shall
686     submit the applications, along with the necessary fees, to the division for the division to begin
687     working on the design and issuance of the new type of support special group license plate or
688     decal to be issued.
689          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
690     of a new support special group license plate or decal authorized in Section 41-1a-422 until the
691     applications and fees required under this Subsection (2) have been received by the division.
692          (iv) The division shall begin issuance of a new support special group license plate or
693     decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
694     after receiving the applications and fees required under this Subsection (2).
695          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
696     registration of a motor vehicle that has been issued a firefighter recognition special group
697     license plate unless the applicant is a contributor as defined in Subsection
698     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
699          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
700     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
701     registration shall:

702          (A) be a contributor to the Firefighter Support Restricted Account as required under
703     Subsection (2)(c)(i); or
704          (B) replace the firefighter recognition special group license plate with a new license
705     plate.
706          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
707     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
708     license plates issued each year for a three consecutive year time period that begins on July 1,
709     the division may not issue that type of support special group license plate or decal to a new
710     applicant beginning on January 1 of the following calendar year after the three consecutive year
711     time period for which that type of support special group license plate or decal has fewer than
712     500 license plates issued each year.
713          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
714     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
715          (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
716     support special group license plate.
717          (b) A registered owner of a vehicle that has been issued a prostate cancer support
718     special group license plate before October 1, 2017, may renew the owner's motor vehicle
719     registration, with the contribution allocated as described in Section 41-1a-422.
720          Section 6. Section 41-1a-422 is amended to read:
721          41-1a-422. Support special group license plates -- Contributor -- Voluntary
722     contribution collection procedures.
723          (1) As used in this section:
724          (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
725     has donated or in whose name at least $25 has been donated to:
726          (A) a scholastic scholarship fund of a single named institution;
727          (B) the Department of Veterans and Military Affairs for veterans programs;
728          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
729     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,

730     access, and management of wildlife habitat;
731          (D) the Department of Agriculture and Food for the benefit of conservation districts;
732          (E) the Division of [Parks and] Recreation for the benefit of snowmobile programs;
733          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
734     the donation evenly divided between the two;
735          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
736     council as specified by the contributor;
737          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
738     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
739          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
740     development programs;
741          (J) the Utah Association of Public School Foundations to support public education;
742          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
743     assist people who have severe housing needs;
744          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
745     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
746     Safety employees;
747          (M) the Division of State Parks [and Recreation] for distribution to organizations that
748     provide support for Zion National Park;
749          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
750     firefighter organizations;
751          (O) the Share the Road Bicycle Support Restricted Account created in Section
752     72-2-127 to support bicycle operation and safety awareness programs;
753          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
754     cancer research programs;
755          (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
756     autism awareness programs;
757          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account

758     created in Section 9-17-102 to support humanitarian service and educational and cultural
759     programs;
760          (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
761     Research Restricted Account created in Section 26-21a-302 to support cancer research
762     programs;
763          (T) the Choose Life Adoption Support Restricted Account created in Section
764     62A-4a-608 to support programs that promote adoption;
765          (U) the National Professional Men's Basketball Team Support of Women and Children
766     Issues Restricted Account created in Section 62A-1-202;
767          (V) the Utah Law Enforcement Memorial Support Restricted Account created in
768     Section 53-1-120;
769          (W) the Children with Cancer Support Restricted Account created in Section
770     26-21a-304 for programs that provide assistance to children with cancer;
771          (X) the National Professional Men's Soccer Team Support of Building Communities
772     Restricted Account created in Section 9-19-102;
773          (Y) the Children with Heart Disease Support Restricted Account created in Section
774     26-58-102;
775          (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
776     and Leadership Restricted Account created in Section 4-42-102;
777          (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
778     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
779     operation and maintenance of existing, state-owned firearm shooting ranges;
780          (BB) the Utah State Historical Society to further the mission and purpose of the Utah
781     State Historical Society;
782          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
783     72-2-130; [or]
784          (DD) the Transportation of Veterans to Memorials Support Restricted Account created
785     in Section 71-14-102;

786          (EE) clean air support causes, with half of the donation deposited into the Clean Air
787     Support Restricted Account created in Section 19-1-109, and half of the donation deposited
788     into the Clean Air Fund created in Section 59-10-1319; or
789          (FF) the Latino Community Support Restricted Account created in Section 13-1-16.
790          (ii) (A) For a veterans special group license plate described in Subsection
791     41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
792     name at least a $25 donation at the time of application and $10 annual donation thereafter has
793     been made.
794          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
795     person who:
796          (I) has donated or in whose name at least $30 has been donated at the time of
797     application and annually after the time of application; and
798          (II) is a member of a trade organization for real estate licensees that has more than
799     15,000 Utah members.
800          (C) For an Honoring Heroes special group license plate, "contributor" means a person
801     who has donated or in whose name at least $35 has been donated at the time of application and
802     annually thereafter.
803          (D) For a firefighter support special group license plate, "contributor" means a person
804     who:
805          (I) has donated or in whose name at least $15 has been donated at the time of
806     application and annually after the time of application; and
807          (II) is a currently employed, volunteer, or retired firefighter.
808          (E) For a cancer research special group license plate, "contributor" means a person who
809     has donated or in whose name at least $35 has been donated at the time of application and
810     annually after the time of application.
811          (F) For a Utah Law Enforcement Memorial Support special group license plate,
812     "contributor" means a person who has donated or in whose name at least $35 has been donated
813     at the time of application and annually thereafter.

814          (b) "Institution" means a state institution of higher education as defined under Section
815     53B-3-102 or a private institution of higher education in the state accredited by a regional or
816     national accrediting agency recognized by the United States Department of Education.
817          (2) (a) An applicant for original or renewal collegiate special group license plates under
818     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
819     present the original contribution verification form under Subsection (2)(b) or make a
820     contribution to the division at the time of application under Subsection (3).
821          (b) An institution with a support special group license plate shall issue to a contributor
822     a verification form designed by the commission containing:
823          (i) the name of the contributor;
824          (ii) the institution to which a donation was made;
825          (iii) the date of the donation; and
826          (iv) an attestation that the donation was for a scholastic scholarship.
827          (c) The state auditor may audit each institution to verify that the money collected by the
828     institutions from contributors is used for scholastic scholarships.
829          (d) After an applicant has been issued collegiate license plates or renewal decals, the
830     commission shall charge the institution whose plate was issued, a fee determined in accordance
831     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
832     renewing the collegiate license plates.
833          (e) If the contribution is made at the time of application, the contribution shall be
834     collected, treated, and deposited as provided under Subsection (3).
835          (3) (a) An applicant for original or renewal support special group license plates under
836     this section must be a contributor to the sponsoring organization associated with the license
837     plate.
838          (b) This contribution shall be:
839          (i) unless collected by the named institution under Subsection (2), collected by the
840     division;
841          (ii) considered a voluntary contribution for the funding of the activities specified under

842     this section and not a motor vehicle registration fee;
843          (iii) deposited into the appropriate account less actual administrative costs associated
844     with issuing the license plates; and
845          (iv) for a firefighter special group license plate, deposited into the appropriate account
846     less:
847          (A) the costs of reordering firefighter special group license plate decals; and
848          (B) the costs of replacing recognition special group license plates with new license
849     plates under Subsection 41-1a-1211(13).
850          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
851     registration or renewal of registration.
852          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
853     the division when issuing original:
854          (i) snowmobile license plates; or
855          (ii) conservation license plates.
856          (4) Veterans license plates shall display one of the symbols representing the Army,
857     Navy, Air Force, Marines, Coast Guard, or American Legion.
858          Section 7. Section 41-6a-1509 is amended to read:
859          41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
860     Registration and licensing requirements -- Equipment requirements.
861          (1) (a) Except as provided in Subsection (1)(b), an individual may operate an all-terrain
862     type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that meets the
863     requirements of this section as a street-legal ATV on a street or highway.
864          (b) An individual may not operate an all-terrain type I vehicle, all-terrain type II
865     vehicle, or all-terrain type III vehicle as a street-legal ATV on a highway if:
866          (i) the highway is an interstate system as defined in Section 72-1-102; or
867          (ii) the highway is in a county of the first class and both of the following criterion is
868     met:
869          (A) the highway is near a grade separated portion of the highway; and

870          (B) the highway has a posted speed limit higher than 50 miles per hour.
871          (c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
872     is not open to motor vehicle use.
873          (2) A street-legal ATV shall comply with Section 59-2-405.2, Subsection
874     41-1a-205(1), Subsection 53-8-205(1)(b), and the same requirements as:
875          (a) a motorcycle for:
876          (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
877          (ii) titling, odometer statement, vehicle identification, license plates, and registration,
878     excluding registration fees, under Title 41, Chapter 1a, Motor Vehicle Act; and
879          (iii) the county motor vehicle emissions inspection and maintenance programs under
880     Section 41-6a-1642;
881          (b) a motor vehicle for:
882          (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
883          (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
884     Motor Vehicle Owners and Operators Act; and
885          (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
886     41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
887     Regulation Act, unless otherwise specified in this section.
888          (3) (a) The owner of an all-terrain type I vehicle being operated as a street-legal ATV
889     shall ensure that the vehicle is equipped with:
890          (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
891          (ii) one or more tail lamps;
892          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
893     with a white light;
894          (iv) one or more red reflectors on the rear;
895          (v) one or more stop lamps on the rear;
896          (vi) amber or red electric turn signals, one on each side of the front and rear;
897          (vii) a braking system, other than a parking brake, that meets the requirements of

898     Section 41-6a-1623;
899          (viii) a horn or other warning device that meets the requirements of Section
900     41-6a-1625;
901          (ix) a muffler and emission control system that meets the requirements of Section
902     41-6a-1626;
903          (x) rearview mirrors on the right and left side of the driver in accordance with Section
904     41-6a-1627;
905          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
906          (xii) a speedometer, illuminated for nighttime operation;
907          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
908     seat designed for passengers; and
909          (xiv) tires that:
910          (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
911     for the all-terrain vehicle model; and
912          (B) have at least 2/32 inches or greater tire tread.
913          (b) The owner of an all-terrain type II vehicle or all-terrain type III vehicle being
914     operated as a street-legal all-terrain vehicle shall ensure that the vehicle is equipped with:
915          (i) two headlamps that meet the requirements of Section 41-6a-1603;
916          (ii) two tail lamps;
917          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
918     with a white light;
919          (iv) one or more red reflectors on the rear;
920          (v) two stop lamps on the rear;
921          (vi) amber or red electric turn signals, one on each side of the front and rear;
922          (vii) a braking system, other than a parking brake, that meets the requirements of
923     Section 41-6a-1623;
924          (viii) a horn or other warning device that meets the requirements of Section
925     41-6a-1625;

926          (ix) a muffler and emission control system that meets the requirements of Section
927     41-6a-1626;
928          (x) rearview mirrors on the right and left side of the driver in accordance with Section
929     41-6a-1627;
930          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
931          (xii) a speedometer, illuminated for nighttime operation;
932          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
933     seat designed for passengers;
934          (xiv) for vehicles with side-by-side or tandem seating, seatbelts for each vehicle
935     occupant;
936          (xv) a seat with a height between 20 and 40 inches when measured at the forward edge
937     of the seat bottom; and
938          (xvi) tires that:
939          (A) do not exceed 44 inches in height; and
940          (B) have at least 2/32 inches or greater tire tread.
941          (c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
942     with wheel covers, mudguards, flaps, or splash aprons.
943          (4) (a) Subject to the requirements of Subsection (4)(b), an operator of a street-legal
944     all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway, may not
945     exceed the lesser of:
946          (i) the posted speed limit; or
947          (ii) 50 miles per hour.
948          (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
949     all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
950          (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
951     roadway; and
952          (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
953     and back of both sides of the vehicle.

954          (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
955     operated on the highways of another state has the same rights and privileges as a street-legal
956     ATV that is granted operating privileges on the highways of this state, subject to the
957     restrictions under this section and rules made by the [Board of Parks and] Division of
958     Recreation, after consulting the Outdoor Adventure Commission, if the other state offers
959     reciprocal operating privileges to Utah residents.
960          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
961     [Board of Parks and] Division of Recreation, after consultation with the Outdoor Adventure
962     Commission, shall establish eligibility requirements for reciprocal operating privileges for
963     nonresident users granted under Subsection (5)(a).
964          (6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating
965     the off-highway vehicle in accordance with Section 41-22-10.5.
966          (7) A violation of this section is an infraction.
967          Section 8. Section 41-22-2 is amended to read:
968          41-22-2. Definitions.
969          As used in this chapter:
970          (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
971     the [Board of Parks and] Division of Recreation.
972          (2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
973     having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
974     tires, having a seat designed to be straddled by the operator, and designed for or capable of
975     travel over unimproved terrain.
976          (3) (a) "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
977     traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
978     rollover protection system, and designed for or capable of travel over unimproved terrain, and
979     is:
980          (i) an electric-powered vehicle; or
981          (ii) a vehicle powered by an internal combustion engine and has an unladen dry weight

982     of 2,500 pounds or less.
983          (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
984     carry a person with a disability, any vehicle not specifically designed for recreational use, or
985     farm tractors as defined under Section 41-1a-102.
986          (4) (a) "All-terrain type III vehicle" means any other motor vehicle, not defined in
987     Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain.
988          (b) "All-terrain type III vehicle" does not include golf carts, any vehicle designed to
989     carry a person with a disability, any vehicle not specifically designed for recreational use, or
990     farm tractors as defined under Section 41-1a-102.
991          [(5) "Board" means the Board of Parks and Recreation.]
992          (5) "Commission" means the Outdoor Adventure Commission.
993          (6) "Cross-country" means across natural terrain and off an existing highway, road,
994     route, or trail.
995          (7) "Dealer" means a person engaged in the business of selling off-highway vehicles at
996     wholesale or retail.
997          (8) "Division" means the Division of [Parks and] Recreation.
998          (9) "Low pressure tire" means any pneumatic tire six inches or more in width designed
999     for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
1000     10 pounds per square inch or less as recommended by the vehicle manufacturer.
1001          (10) "Manufacturer" means a person engaged in the business of manufacturing
1002     off-highway vehicles.
1003          (11) (a) "Motor vehicle" means every vehicle which is self-propelled.
1004          (b) "Motor vehicle" includes an off-highway vehicle.
1005          (12) "Motorcycle" means every motor vehicle having a saddle for the use of the
1006     operator and designed to travel on not more than two tires.
1007          (13) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
1008      all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by
1009     the owner or the owner's agent for agricultural operations.

1010          (14) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
1011     all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
1012          (15) "Operate" means to control the movement of or otherwise use an off-highway
1013     vehicle.
1014          (16) "Operator" means the person who is in actual physical control of an off-highway
1015     vehicle.
1016          (17) "Organized user group" means an off-highway vehicle organization incorporated
1017     as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
1018     Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
1019          (18) "Owner" means a person, other than a person with a security interest, having a
1020     property interest or title to an off-highway vehicle and entitled to the use and possession of that
1021     vehicle.
1022          (19) "Public land" means land owned or administered by any federal or state agency or
1023     any political subdivision of the state.
1024          (20) "Register" means the act of assigning a registration number to an off-highway
1025     vehicle.
1026          (21) "Roadway" is used as defined in Section 41-6a-102.
1027          (22) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
1028     steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
1029          (23) "Street or highway" means the entire width between boundary lines of every way
1030     or place of whatever nature, when any part of it is open to the use of the public for vehicular
1031     travel.
1032          (24) "Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as
1033     defined in Section 41-6a-102.
1034          Section 9. Section 41-22-3 is amended to read:
1035          41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
1036     Proof of property tax payment -- Records.
1037          (1) (a) Unless exempted under Section 41-22-9, a person may not operate or transport

1038     and an owner may not give another person permission to operate or transport any off-highway
1039     vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
1040     is registered under this chapter for the current year.
1041          (b) Unless exempted under Section 41-22-9, a dealer may not sell an off-highway
1042     vehicle which can be used or transported on any public land, trail, street, or highway in this
1043     state, unless the off-highway vehicle is registered or is in the process of being registered under
1044     this chapter for the current year.
1045          (2) The owner of an off-highway vehicle subject to registration under this chapter shall
1046     apply to the Motor Vehicle Division for registration on forms approved by the Motor Vehicle
1047     Division.
1048          (3) Each application for registration of an off-highway vehicle shall be accompanied
1049     by:
1050          (a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
1051     sale showing ownership, make, model, horsepower or displacement, and serial number;
1052          (b) the past registration card; or
1053          (c) the fee for a duplicate.
1054          (4) (a) Upon each annual registration, the Motor Vehicle Division shall issue a
1055     registration sticker and a registration card for each off-highway vehicle registered.
1056          (b) The registration sticker shall:
1057          (i) contain a unique number using numbers, letters, or combination of numbers and
1058     letters to identify the off-highway vehicle for which it is issued;
1059          (ii) be affixed to the off-highway vehicle for which it is issued in a plainly visible
1060     position as prescribed by rule of the [board] division under Section 41-22-5.1; and
1061          (iii) be maintained free of foreign materials and in a condition to be clearly legible.
1062          (c) At all times, a registration card shall be kept with the off-highway vehicle and shall
1063     be available for inspection by a law enforcement officer.
1064          (5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
1065     registration sticker shall provide the Motor Vehicle Division a certificate, described under

1066     Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
1067     situs for taxation.
1068          (b) The certificate required under Subsection (5)(a) shall state one of the following:
1069          (i) the property tax on the off-highway vehicle for the current year has been paid;
1070          (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
1071     secure the payment of the tax; or
1072          (iii) the off-highway vehicle is exempt by law from payment of property tax for the
1073     current year.
1074          (c) An off-highway vehicle for which an off-highway implement of husbandry sticker
1075     has been issued in accordance with Section 41-22-5.5 is exempt from the requirement under
1076     this Subsection (5).
1077          (6) (a) All records of the division made or kept under this section shall be classified by
1078     the Motor Vehicle Division in the same manner as motor vehicle records are classified under
1079     Section 41-1a-116.
1080          (b) Division records are available for inspection in the same manner as motor vehicle
1081     records under Section 41-1a-116.
1082          (7) A violation of this section is an infraction.
1083          Section 10. Section 41-22-5.1 is amended to read:
1084          41-22-5.1. Rules of division relating to display of registration stickers.
1085          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1086     [board] division, after consultation with the commission, shall make rules for the display of a
1087     registration sticker on an off-highway vehicle in accordance with Section 41-22-3.
1088          Section 11. Section 41-22-5.5 is amended to read:
1089          41-22-5.5. Off-highway husbandry vehicles.
1090          (1) (a) (i) The owner of an all-terrain type I vehicle, motorcycle, all-terrain type II
1091     vehicle, all-terrain type III vehicle, or snowmobile used for agricultural purposes may apply to
1092     the Motor Vehicle Division for an off-highway implement of husbandry sticker.
1093          (ii) Each application under Subsection (1)(a)(i) shall be accompanied by:

1094          (A) evidence of ownership;
1095          (B) a title or a manufacturer's certificate of origin; and
1096          (C) a signed statement certifying that the off-highway vehicle is used for agricultural
1097     purposes.
1098          (iii) The owner shall receive an off-highway implement of husbandry sticker upon
1099     production of:
1100          (A) the documents required under this Subsection (1); and
1101          (B) payment of an off-highway implement of husbandry sticker fee established by the
1102     [board] division, after consultation with the commission, not to exceed $10.
1103          (b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
1104     highways, it shall also be registered under Section 41-22-3.
1105          (c) The off-highway implement of husbandry sticker shall be displayed in a manner
1106     prescribed by the [board] division and shall identify the all-terrain type I vehicle, motorcycle,
1107     all-terrain type II vehicle, all-terrain type III vehicle, or snowmobile as an off-highway
1108     implement of husbandry.
1109          (2) The off-highway implement of husbandry sticker is valid only for the life of the
1110     ownership of the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, all-terrain type
1111     III vehicle, or snowmobile and is not transferable.
1112          (3) The off-highway implement of husbandry sticker is valid for an all-terrain type I
1113     vehicle, motorcycle, all-terrain type II vehicle, all-terrain type III vehicle, or snowmobile that is
1114     being operated adjacent to a roadway:
1115          (a) when the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, all-terrain
1116     type III vehicle, or snowmobile is only being used to travel from one parcel of land owned,
1117     operated, permitted, or leased for agricultural purposes by the owner of the vehicle to another
1118     parcel of land owned, operated, permitted, or leased for agricultural purposes by the owner; and
1119          (b) when this operation is necessary for the furtherance of agricultural purposes.
1120          (4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
1121     impractical, it may be operated on the roadway if the operator exercises due care towards

1122     conventional motor vehicle traffic.
1123          (5) It is unlawful to operate an off-highway implement of husbandry along, across, or
1124     within the boundaries of an interstate freeway.
1125          (6) A violation of this section is an infraction.
1126          Section 12. Section 41-22-8 is amended to read:
1127          41-22-8. Registration fees.
1128          (1) The [board] division, after consultation with the commission, shall establish the
1129     fees which shall be paid in accordance with this chapter, subject to the following:
1130          (a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
1131     vehicle registration may not exceed $35.
1132          (ii) The fee for each snowmobile registration may not exceed $26.
1133          (iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
1134          (b) The fee for each duplicate registration card may not exceed $3.
1135          (c) The fee for each duplicate registration sticker may not exceed $5.
1136          (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
1137     the United States Government, this state, or its political subdivisions.
1138          (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
1139     41-22-34, the Motor Vehicle Division shall require a person to pay one dollar to register an
1140     off-highway vehicle under Section 41-22-3.
1141          (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
1142     collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
1143     described in Section 26-54-102.
1144          Section 13. Section 41-22-10 is amended to read:
1145          41-22-10. Powers of division relating to off-highway vehicles.
1146          (1) The [board] division may:
1147          (a) appoint and seek recommendations from the Off-highway Vehicle Advisory
1148     Council representing the various off-highway vehicle, conservation, and other appropriate
1149     interests; and

1150          (b) adopt a uniform marker and sign system for use by agents of appropriate federal,
1151     state, county, and city agencies in areas of off-highway vehicle use.
1152          (2) The [board] division shall receive and distribute voluntary contributions collected
1153     under Section 41-1a-230.6 in accordance with Section 41-22-19.5.
1154          Section 14. Section 41-22-10.7 is amended to read:
1155          41-22-10.7. Vehicle equipment requirements -- Rulemaking -- Exceptions.
1156          (1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped
1157     with:
1158          (a) brakes adequate to control the movement of and to stop and hold the vehicle under
1159     normal operating conditions;
1160          (b) headlights and taillights when operated between sunset and sunrise;
1161          (c) a noise control device and except for a snowmobile, a spark arrestor device; and
1162          (d) when operated on sand dunes designated by the [board] division, a safety flag that
1163     is:
1164          (i) red or orange in color;
1165          (ii) a minimum of six by 12 inches; and
1166          (iii) attached to:
1167          (A) the off-highway vehicle so that the safety flag is at least eight feet above the
1168     surface of level ground; or
1169          (B) the protective headgear of a person operating a motorcycle so that the safety flag is
1170     at least 18 inches above the top of the person's head.
1171          (2) A violation of Subsection (1) is an infraction.
1172          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1173     [board] division may make rules, after consultation with the commission, which set standards
1174     for the equipment and which designate sand dunes where safety flags are required under
1175     Subsection (1).
1176          (4) An off-highway implement of husbandry used only in agricultural operations and
1177     not operated on a highway, is exempt from the provisions of this section.

1178          Section 15. Section 41-22-19.5 is amended to read:
1179          41-22-19.5. Off-highway Access and Education Restricted Account -- Creation --
1180     Funding -- Distribution of funds.
1181          (1) There is created in the General Fund a restricted account known as the Off-highway
1182     Access and Education Restricted Account.
1183          (2) The account shall be funded by:
1184          (a) contributions deposited into the Off-highway Access and Education Restricted
1185     Account in accordance with Section 41-1a-230.6;
1186          (b) private contributions; and
1187          (c) donations or grants from public or private entities.
1188          (3) The Legislature shall appropriate money in the account to the [board] division.
1189          (4) (a) The state treasurer shall invest money in the account according to Title 51,
1190     Chapter 7, State Money Management Act.
1191          (b) The Division of Finance shall deposit interest or other earnings derived from
1192     investment of account money into the General Fund.
1193          (5) The [board] division may expend up to 10% of the money appropriated under
1194     Subsection (3) to:
1195          (a) administer account distributions in accordance with Subsections (6) through (9);
1196     and
1197          (b) administer off-highway vehicle provisions under this chapter.
1198          (6) The [board] division shall distribute the funds to a charitable organization that:
1199          (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
1200     Code;
1201          (b) has at least one full-time employee; and
1202          (c) has as a primary part of [its] the charitable organization's mission to:
1203          (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
1204     and
1205          (ii) educate the public about appropriate off-highway vehicle use.

1206          (7) The [board] division may only consider proposals that are:
1207          (a) proposed by a charitable organization under Subsection (6); and
1208          (b) designed to:
1209          (i) protect access to public lands by motor vehicle and off-highway vehicle operators;
1210     and
1211          (ii) educate the public about appropriate off-highway vehicle use.
1212          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1213     [board] division, after consulting with the commission, shall make rules providing procedures
1214     for an organization to apply to receive funds under this section.
1215          (9) The [board] division may not:
1216          (a) require matching funds from a charitable organization as a condition of receiving
1217     funds; or
1218          (b) prohibit the use of funds to cover litigation expenses incurred in protecting access
1219     to public lands by motor vehicle and off-highway vehicle operators.
1220          Section 16. Section 41-22-30 is amended to read:
1221          41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
1222          (1) As used in this section, "direct supervision" means oversight at a distance:
1223          (a) of no more than 300 feet; and
1224          (b) within which:
1225          (i) visual contact is maintained; and
1226          (ii) advice and assistance can be given and received.
1227          (2) A person may not operate and an owner may not give that person permission to
1228     operate an off-highway vehicle on any public land, trail, street, or highway of this state unless
1229     the person:
1230          (a) is under the direct supervision of an off-highway vehicle safety instructor during a
1231     scheduled safety training course approved by the [board] division pursuant to Section
1232     41-22-32 ;
1233          (b) (i) has in the person's possession the appropriate safety certificate issued or

1234     approved by the division; and
1235          (ii) if under 18 years of age, is under the direct supervision of a person who is at least
1236     18 years of age if operating on a public highway that is:
1237          (A) open to motor vehicles; and
1238          (B) not exclusively reserved for off-highway vehicle use; or
1239          (c) has in the person's immediate possession a valid motor vehicle operator's license, as
1240     provided in Title 53, Chapter 3, Uniform Driver License Act.
1241          (3) (a) A person convicted of a violation of this section is guilty of an infraction and
1242     shall be fined not more than $100 per offense.
1243          (b) It is a defense to a charge under this section, if the person charged:
1244          (i) produces in court a license or an appropriate safety certificate that was:
1245          (A) valid at the time of the citation or arrest; and
1246          (B) issued to the person operating the off-highway vehicle; and
1247          (ii) can show that the direct supervision requirement under Subsection (2)(b) was not
1248     violated at the time of citation or arrest.
1249          (4) The requirements of this section do not apply to an operator of an off-highway
1250     implement of husbandry.
1251          Section 17. Section 41-22-31 is amended to read:
1252          41-22-31. Division to set standards for safety program -- Safety certificates issued
1253     -- Cooperation with public and private entities -- State immunity from suit.
1254          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1255     the [board] division shall make rules, after consultation with the commission, that establish
1256     curriculum standards for a comprehensive off-highway vehicle safety education and training
1257     program and shall implement this program.
1258          (b) The program shall be designed to develop and instill the knowledge, attitudes,
1259     habits, and skills necessary for the safe operation of an off-highway vehicle.
1260          (c) Components of the program shall include the preparation and dissemination of
1261     off-highway vehicle information and safety advice to the public and the training of off-highway

1262     vehicle operators.
1263          (d) Off-highway vehicle safety certificates shall be issued to those who successfully
1264     complete training or pass the knowledge and skills test established under the program.
1265          (2) The division shall cooperate with appropriate private organizations and
1266     associations, private and public corporations, and local government units to implement the
1267     program established under this section.
1268          (3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
1269     Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
1270     act, in any capacity relating to the off-highway vehicle safety education and training program.
1271     The state is also not responsible for any insufficiency or inadequacy in the quality of training
1272     provided by this program.
1273          Section 18. Section 41-22-33 is amended to read:
1274          41-22-33. Fees for safety and education program -- Penalty -- Unlawful acts.
1275          (1) A fee set by the [board] division, after consultation with the commission, in
1276     accordance with Section 63J-1-504 shall be added to the registration fee required to register an
1277     off-highway vehicle under Section 41-22-8 to help fund the off-highway vehicle safety and
1278     education program.
1279          (2) If the [board] division modifies the fee under Subsection (1), the modification shall
1280     take effect on the first day of the calendar quarter after 90 days from the day on which the
1281     [board] division provides the State Tax Commission:
1282          (a) notice from the [board] division stating that the [board] division will modify the
1283     fee; and
1284          (b) a copy of the fee modification.
1285          Section 19. Section 41-22-35 is amended to read:
1286          41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
1287     issuance of decal -- Deposit and use of fee revenue.
1288          (1) (a) Except as provided in Subsection (1)(b), any person owning or operating a
1289     nonresident off-highway vehicle who operates or gives another person permission to operate

1290     the nonresident off-highway vehicle on any public land, trail, street, or highway in this state
1291     shall:
1292          (i) apply for an off-highway vehicle decal issued exclusively for an off-highway
1293     vehicle owned by a nonresident of the state;
1294          (ii) pay an annual off-highway vehicle user fee; and
1295          (iii) provide evidence that the owner is a nonresident.
1296          (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the
1297     off-highway vehicle is:
1298          (i) used exclusively as an off-highway implement of husbandry;
1299          (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
1300     public or private entity or another event sponsored by a governmental entity under rules made
1301     by the [board] division, after consultation with the commission;
1302          (iii) owned and operated by a state government agency and the operation of the
1303     off-highway vehicle within the boundaries of the state is within the course and scope of the
1304     duties of the agency; or
1305          (iv) used exclusively for the purpose of an off-highway vehicle manufacturer
1306     sponsored event within the state under rules made by the [board] division.
1307          (2) The off-highway vehicle user fee is $30.
1308          (3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall:
1309          (a) receive a nonresident off-highway vehicle user decal indicating compliance with the
1310     provisions of Subsection (1)(a); and
1311          (b) display the decal on the off-highway vehicle in accordance with rules made by the
1312     [board] division.
1313          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1314     [board] division, after consultation with the commission, shall make rules establishing:
1315          (a) procedures for:
1316          (i) the payment of off-highway vehicle user fees; and
1317          (ii) the display of a decal on an off-highway vehicle as required under Subsection

1318     (3)(b);
1319          (b) acceptable evidence indicating compliance with Subsection (1);
1320          (c) eligibility for scheduled competitive events or other events under Subsection
1321     (1)(b)[(i)](ii); and
1322          (d) eligibility for an off-highway vehicle manufacturer sponsored event under
1323     Subsection (1)(b)[(iii)](iv).
1324          (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle
1325     user fee may be collected by the division or agents of the division.
1326          (b) An agent shall retain 10% of all off-highway vehicle user fees collected.
1327          (c) The division may require agents to obtain a bond in a reasonable amount.
1328          (d) On or before the tenth day of each month, each agent shall:
1329          (i) report all sales to the division; and
1330          (ii) submit all off-highway vehicle user fees collected less the remuneration provided in
1331     Subsection (5)(b).
1332          (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
1333     of the amount due.
1334          (ii) Delinquent payments shall bear interest at the rate of 1% per month.
1335          (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
1336     a penalty of 100% of the total amount due together with interest.
1337          (f) All fees collected by an agent, except the remuneration provided in Subsection
1338     (5)(b), shall:
1339          (i) be kept separate and apart from the private funds of the agent; and
1340          (ii) belong to the state.
1341          (g) An agent may not issue an off-highway vehicle user decal to any person unless the
1342     person furnishes evidence of compliance with the provisions of Subsection (1)(a).
1343          (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and
1344     may be cause for revocation of the agent authorization.
1345          (6) Revenue generated by off-highway vehicle user fees shall be deposited in the

1346     Off-highway Vehicle Account created in Section 41-22-19.
1347          Section 20. Section 54-4-41 is amended to read:
1348          54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
1349          (1) As used in this section, "charging infrastructure program" means the program
1350     described in Subsection (2).
1351          (2) The commission shall authorize a large-scale electric utility program that:
1352          (a) allows for funding from large-scale electric utility customers for a maximum of
1353     $50,000,000 for all costs and expenses associated with:
1354          (i) the deployment of utility-owned vehicle charging infrastructure; and
1355          (ii) utility vehicle charging service provided by the large-scale electric utility;
1356          (b) creates a new customer class, with a utility vehicle charging service rate structure
1357     that:
1358          (i) is determined by the commission to be in the public interest;
1359          (ii) is a transitional rate structure expected to allow the large-scale electric utility to
1360     recover, through charges to utility vehicle charging service customers, the large-scale electric
1361     utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
1362     charging service over a reasonable time frame determined by the commission; and
1363          (iii) may allow different rates for large-scale electric utility customers to reflect
1364     contributions to investment; and
1365          (c) includes a transportation plan that promotes:
1366          (i) the deployment of utility-owned vehicle charging infrastructure in the public
1367     interest; and
1368          (ii) the availability of utility vehicle charging service.
1369          (3) Before submitting a proposed charging infrastructure program to the commission
1370     for commission approval under Subsection (2), a large-scale electric utility shall seek and
1371     consider input from:
1372          (a) the Division of Public Utilities, established in Section 54-4a-1;
1373          (b) the Office of Consumer Services, created in Section 54-10a-201;

1374          (c) the Division of Air Quality, created in Section 19-1-105;
1375          (d) the Department of Transportation, created in Section 72-1-201;
1376          (e) the Governor's Office of Economic Development, created in Section 63N-1-201;
1377          (f) the Office of Energy Development, created in Section [63M-4-401] 79-6-401;
1378          (g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
1379          (h) representatives of the Point of the Mountain State Land Development Authority,
1380     created in Section 11-59-201;
1381          (i) third-party electric vehicle battery charging service operators; and
1382          (j) any other person who files a request for notice with the commission.
1383          (4) The commission shall find a charging infrastructure program to be in the public
1384     interest if the commission finds that the charging infrastructure program:
1385          (a) increases the availability of electric vehicle battery charging service in the state;
1386          (b) enables the significant deployment of infrastructure that supports electric vehicle
1387     battery charging service and utility-owned vehicle charging infrastructure in a manner
1388     reasonably expected to increase electric vehicle adoption;
1389          (c) includes an evaluation of investments in the areas of the authority jurisdictional
1390     land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in
1391     Section 11-59-102;
1392          (d) enables competition, innovation, and customer choice in electric vehicle battery
1393     charging services, while promoting low-cost services for electric vehicle battery charging
1394     customers; and
1395          (e) provides for ongoing coordination with the Department of Transportation, created
1396     in Section 72-1-201.
1397          (5) The commission may, consistent with Subsection (2), approve an amendment to the
1398     charging infrastructure program if the large-scale electric utility demonstrates that the
1399     amendment:
1400          (a) is prudent;
1401          (b) will provide net benefits to customers; and

1402          (c) is otherwise consistent with the requirements of Subsection (2).
1403          (6) The commission shall authorize recovery of a large-scale electric utility's
1404     investment in utility-owned vehicle charging infrastructure through a balancing account or
1405     other ratemaking treatment that reflects:
1406          (a) charging infrastructure program costs associated with prudent investment, including
1407     the large-scale electric utility's pre-tax average weighted cost of capital approved by the
1408     commission in the large-scale electric utility's most recent general rate proceeding, and
1409     associated revenue and prudently incurred expenses; and
1410          (b) a carrying charge.
1411          (7) A large-scale electric utility's investment in utility-owned vehicle charging
1412     infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
1413     adjudicative proceeding before the commission that the investment can reasonably be
1414     anticipated to:
1415          (a) result in one or more projects that are in the public interest of the large-scale
1416     electric utility's customers to reduce transportation sector emissions over a reasonable time
1417     period as determined by the commission;
1418          (b) provide the large-scale electric utility's customers significant benefits that may
1419     include revenue from utility vehicle charging service that offsets the large-scale electric utility's
1420     costs and expenses; and
1421          (c) facilitate any other measure that the commission determines:
1422          (i) promotes deployment of utility-owned vehicle charging infrastructure and utility
1423     vehicle charging service; or
1424          (ii) creates significant benefits in the long term for customers of the large-scale electric
1425     utility.
1426          (8) A large-scale electric utility that establishes and implements a charging
1427     infrastructure program shall annually, on or before June 1, submit a written report to the Public
1428     Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
1429     infrastructure program's activities during the previous calendar year, including information on:

1430          (a) the charging infrastructure program's status, operation, funding, and benefits;
1431          (b) the disposition of charging infrastructure program funds; and
1432          (c) the charging infrastructure program's impact on rates.
1433          Section 21. Section 57-14-204 is amended to read:
1434          57-14-204. Liability not limited where willful or malicious conduct involved or
1435     admission fee charged.
1436          (1) Nothing in this part limits any liability that otherwise exists for:
1437          (a) willful or malicious failure to guard or warn against a dangerous condition, use,
1438     structure, or activity;
1439          (b) deliberate, willful, or malicious injury to persons or property; or
1440          (c) an injury suffered where the owner of land charges a person to enter or go on the
1441     land or use the land for any recreational purpose.
1442          (2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision
1443     of the state, any consideration received by the owner for the lease is not a charge within the
1444     meaning of this section.
1445          (3) Any person who hunts upon a cooperative wildlife management unit, as authorized
1446     by Title 23, Chapter 23, Cooperative Wildlife Management Units, is not considered to have
1447     paid a fee within the meaning of this section.
1448          (4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir
1449     and its surrounding area and do not themselves charge a fee for that use, are considered not to
1450     have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to
1451     the Division of State Parks [and] or the Division of Recreation for the use of the services and
1452     facilities at that dam or reservoir.
1453          (5) The state or a subdivision of the state that owns property purchased for a railway
1454     corridor is considered not to have charged for use of the railway corridor within the meaning of
1455     Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses
1456     or travels over the railway corridor of the state or a subdivision of the state:
1457          (a) allows recreational use of the railway corridor and its surrounding area; and

1458          (b) does not charge a fee for that use.
1459          Section 22. Section 59-5-102 is amended to read:
1460          59-5-102. Definitions -- Severance tax -- Computation -- Rate -- Annual
1461     exemption -- Tax credits -- Tax rate reduction.
1462          (1) As used in this section:
1463          (a) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15.
1464          (b) "Office" means the Office of Energy Development created in Section [63M-4-401]
1465     79-6-401.
1466          (c) "Royalty rate" means the percentage of the interests described in Subsection
1467     (2)(b)(i) as defined by a contract between the United States, the state, an Indian, or an Indian
1468     tribe and the oil or gas producer.
1469          (d) "Taxable value" means the total value of the oil or gas minus:
1470          (i) any royalties paid to, or the value of oil or gas taken in kind by, the interest holders
1471     described in Subsection (2)(b)(i); and
1472          (ii) the total value of oil or gas exempt from severance tax under Subsection (2)(b)(ii).
1473          (e) "Taxable volume" means:
1474          (i) for oil, the total volume of barrels minus:
1475          (A) for an interest described in Subsection (2)(b)(i), the product of the royalty rate and
1476     the total volume of barrels; and
1477          (B) the number of barrels that are exempt under Subsection (2)(b)(ii); and
1478          (ii) for natural gas, the total volume of MCFs minus:
1479          (A) for an interest described in Subsection (2)(b)(i), the product of the royalty rate and
1480     the total volume of MCFs; and
1481          (B) the number of MCFs that are exempt under Subsection (2)(b)(ii).
1482          (f) "Total value" means the value, as determined by Section 59-5-103.1, of all oil or
1483     gas that is:
1484          (i) produced; and
1485          (ii) (A) saved;

1486          (B) sold; or
1487          (C) transported from the field where the oil or gas was produced.
1488          (g) "Total volume" means:
1489          (i) for oil, the number of barrels:
1490          (A) produced; and
1491          (B) (I) saved;
1492          (II) sold; or
1493          (III) transported from the field where the oil was produced; and
1494          (ii) for natural gas, the number of MCFs:
1495          (A) produced; and
1496          (B) (I) saved;
1497          (II) sold; or
1498          (III) transported from the field where the natural gas was produced.
1499          (h) "Value of oil or gas taken in kind" means the volume of oil or gas taken in kind
1500     multiplied by the market price for oil or gas at the location where the oil or gas was produced
1501     on the date the oil or gas was taken in kind.
1502          (2) (a) Except as provided in Subsection (2)(b), a person owning an interest in oil or
1503     gas produced from a well in the state, including a working interest, royalty interest, payment
1504     out of production, or any other interest, or in the proceeds of the production of oil or gas, shall
1505     pay to the state a severance tax on the owner's interest in the taxable value of the oil or gas:
1506          (i) produced; and
1507          (ii) (A) saved;
1508          (B) sold; or
1509          (C) transported from the field where the substance was produced.
1510          (b) The severance tax imposed by Subsection (2)(a) does not apply to:
1511          (i) an interest of:
1512          (A) the United States in oil or gas or in the proceeds of the production of oil or gas;
1513          (B) the state or a political subdivision of the state in oil or gas or in the proceeds of the

1514     production of oil or gas; and
1515          (C) an Indian or Indian tribe as defined in Section 9-9-101 in oil or gas or in the
1516     proceeds of the production of oil or gas produced from land under the jurisdiction of the United
1517     States; and
1518          (ii) the value of:
1519          (A) oil or gas produced from stripper wells, unless the exemption prevents the
1520     severance tax from being treated as a deduction for federal tax purposes;
1521          (B) oil or gas produced in the first 12 months of production for wildcat wells started
1522     after January 1, 1990; and
1523          (C) oil or gas produced in the first six months of production for development wells
1524     started after January 1, 1990.
1525          (3) (a) The severance tax on oil shall be calculated as follows:
1526          (i) dividing the taxable value by the taxable volume;
1527          (ii) (A) multiplying the rate described in Subsection (4)(a)(i) by the portion of the
1528     figure calculated in Subsection (3)(a)(i) that is subject to the rate described in Subsection
1529     (4)(a)(i); and
1530          (B) multiplying the rate described in Subsection (4)(a)(ii) by the portion of the figure
1531     calculated in Subsection (3)(a)(i) that is subject to the rate described in Subsection (4)(a)(ii);
1532          (iii) adding together the figures calculated in Subsections (3)(a)(ii)(A) and (B); and
1533          (iv) multiplying the figure calculated in Subsection (3)(a)(iii) by the taxable volume.
1534          (b) The severance tax on natural gas shall be calculated as follows:
1535          (i) dividing the taxable value by the taxable volume;
1536          (ii) (A) multiplying the rate described in Subsection (4)(b)(i) by the portion of the
1537     figure calculated in Subsection (3)(b)(i) that is subject to the rate described in Subsection
1538     (4)(b)(i); and
1539          (B) multiplying the rate described in Subsection (4)(b)(ii) by the portion of the figure
1540     calculated in Subsection (3)(b)(i) that is subject to the rate described in Subsection (4)(b)(ii);
1541          (iii) adding together the figures calculated in Subsections (3)(b)(ii)(A) and (B); and

1542          (iv) multiplying the figure calculated in Subsection (3)(b)(iii) by the taxable volume.
1543          (c) The severance tax on natural gas liquids shall be calculated by multiplying the
1544     taxable value of the natural gas liquids by the severance tax rate in Subsection (4)(c).
1545          (4) Subject to Subsection (9):
1546          (a) the severance tax rate for oil is as follows:
1547          (i) 3% of the taxable value of the oil up to and including the first $13 per barrel for oil;
1548     and
1549          (ii) 5% of the taxable value of the oil from $13.01 and above per barrel for oil;
1550          (b) the severance tax rate for natural gas is as follows:
1551          (i) 3% of the taxable value of the natural gas up to and including the first $1.50 per
1552     MCF for gas; and
1553          (ii) 5% of the taxable value of the natural gas from $1.51 and above per MCF for gas;
1554     and
1555          (c) the severance tax rate for natural gas liquids is 4% of the taxable value of the
1556     natural gas liquids.
1557          (5) If oil or gas is shipped outside the state:
1558          (a) the shipment constitutes a sale; and
1559          (b) the oil or gas is subject to the tax imposed by this section.
1560          (6) (a) Except as provided in Subsection (6)(b), if the oil or gas is stockpiled, the tax is
1561     not imposed until the oil or gas is:
1562          (i) sold;
1563          (ii) transported; or
1564          (iii) delivered.
1565          (b) If oil or gas is stockpiled for more than two years, the oil or gas is subject to the tax
1566     imposed by this section.
1567          (7) (a) Subject to other provisions of this Subsection (7), a taxpayer that pays for all or
1568     part of the expenses of a recompletion or workover may claim a nonrefundable tax credit equal
1569     to the amount stated on a tax credit certificate that the office issues to the taxpayer.

1570          (b) The maximum tax credit per taxpayer per well in a calendar year is the lesser of:
1571          (i) 20% of the taxpayer's payment of expenses of a well recompletion or workover
1572     during the calendar year; and
1573          (ii) $30,000.
1574          (c) A taxpayer may carry forward a tax credit allowed under this Subsection (7) for the
1575     next three calendar years if the tax credit exceeds the taxpayer's tax liability under this part for
1576     the calendar year in which the taxpayer claims the tax credit.
1577          (d) (i) To claim a tax credit under this Subsection (7), a taxpayer shall follow the
1578     procedures and requirements of this Subsection (7)(d).
1579          (ii) The taxpayer shall prepare a summary of the taxpayer's expenses of a well
1580     recompletion or workover during the calendar year that the well recompletion or workover is
1581     completed.
1582          (iii) An independent certified public accountant shall:
1583          (A) review the summary from the taxpayer; and
1584          (B) provide a report on the accuracy and validity of the amount of expenses of a well
1585     recompletion or workover that the taxpayer included in the summary, in accordance with the
1586     agreed upon procedures.
1587          (iv) The taxpayer shall submit the taxpayer's summary and the independent certified
1588     public accountant's report to the division to verify that the expenses certified by the
1589     independent certified public accountant are well recompletion or workover expenses.
1590          (v) The division shall return to the taxpayer:
1591          (A) the taxpayer's summary;
1592          (B) the report by the independent certified public accountant; and
1593          (C) a report by the division that includes the amount of approved well recompletion or
1594     workover expenses.
1595          (vi) The taxpayer shall apply to the office for a tax credit certificate to receive a written
1596     certification, on a form approved by the commission, that includes:
1597          (A) the amount of the taxpayer's payments of expenses of a well recompletion or

1598     workover during the calendar year; and
1599          (B) the amount of the taxpayer's tax credit.
1600          (vii) A taxpayer that receives a tax credit certificate shall retain the tax credit certificate
1601     for the same time period that a person is required to keep books and records under Section
1602     59-1-1406.
1603          (e) The office shall submit to the commission an electronic list that includes:
1604          (i) the name and identifying information of each taxpayer to which the office issues a
1605     tax credit certificate; and
1606          (ii) for each taxpayer, the amount of the tax credit listed on the tax credit certificate.
1607          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1608          (i) the office may make rules to govern the application process for receiving a tax
1609     credit certificate under this Subsection (7); and
1610          (ii) the division shall make rules to establish the agreed upon procedures described in
1611     Subsection (7)(d)(iii).
1612          (8) (a) Subject to the other provisions of this Subsection (8), a taxpayer may claim a
1613     tax credit against a severance tax owing on natural gas under this section if:
1614          (i) the taxpayer is required to pay a severance tax on natural gas under this section;
1615          (ii) the taxpayer owns or operates a plant in the state that converts natural gas to
1616     hydrogen fuel; and
1617          (iii) all of the natural gas for which the taxpayer owes a severance tax under this
1618     section is used for the production in the state of hydrogen fuel for use in zero emission motor
1619     vehicles.
1620          (b) The taxpayer may claim a tax credit equal to the lesser of:
1621          (i) the amount of tax that the taxpayer owes under this section; and
1622          (ii) $5,000,000.
1623          (c) (i) To claim a tax credit under this Subsection (8), a taxpayer shall follow the
1624     procedures and requirements of this Subsection (8)(c).
1625          (ii) The taxpayer shall request that the division verify that the taxpayer owns or

1626     operates a plant in this state:
1627          (A) that converts natural gas to hydrogen fuel; and
1628          (B) at which all natural gas is converted to hydrogen fuel for use in zero emission
1629     motor vehicles.
1630          (d) The division shall submit to the commission an electronic list that includes the
1631     name and identifying information of each taxpayer for which the division completed the
1632     verification described in Subsection (8)(c).
1633          (9) A 50% reduction in the tax rate is imposed upon the incremental production
1634     achieved from an enhanced recovery project.
1635          (10) The taxes imposed by this section are:
1636          (a) in addition to all other taxes provided by law; and
1637          (b) delinquent, unless otherwise deferred, on June 1 following the calendar year when
1638     the oil or gas is:
1639          (i) produced; and
1640          (ii) (A) saved;
1641          (B) sold; or
1642          (C) transported from the field.
1643          (11) With respect to the tax imposed by this section on each owner of an interest in the
1644     production of oil or gas or in the proceeds of the production of oil or gas in the state, each
1645     owner is liable for the tax in proportion to the owner's interest in the production or in the
1646     proceeds of the production.
1647          (12) The tax imposed by this section shall be reported and paid by each producer that
1648     takes oil or gas in kind pursuant to an agreement on behalf of the producer and on behalf of
1649     each owner entitled to participate in the oil or gas sold by the producer or transported by the
1650     producer from the field where the oil or gas is produced.
1651          (13) Each producer shall deduct the tax imposed by this section from the amounts due
1652     to other owners for the production or the proceeds of the production.
1653          Section 23. Section 59-7-614 is amended to read:

1654          59-7-614. Renewable energy systems tax credits -- Definitions -- Certification --
1655     Rulemaking authority.
1656          (1) As used in this section:
1657          (a) (i) "Active solar system" means a system of equipment that is capable of:
1658          (A) collecting and converting incident solar radiation into thermal, mechanical, or
1659     electrical energy; and
1660          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
1661     apparatus to storage or to the point of use.
1662          (ii) "Active solar system" includes water heating, space heating or cooling, and
1663     electrical or mechanical energy generation.
1664          (b) "Biomass system" means a system of apparatus and equipment for use in:
1665          (i) converting material into biomass energy, as defined in Section 59-12-102; and
1666          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
1667          (c) "Commercial energy system" means a system that is:
1668          (i) (A) an active solar system;
1669          (B) a biomass system;
1670          (C) a direct use geothermal system;
1671          (D) a geothermal electricity system;
1672          (E) a geothermal heat pump system;
1673          (F) a hydroenergy system;
1674          (G) a passive solar system; or
1675          (H) a wind system;
1676          (ii) located in the state; and
1677          (iii) used:
1678          (A) to supply energy to a commercial unit; or
1679          (B) as a commercial enterprise.
1680          (d) "Commercial enterprise" means an entity, the purpose of which is to produce
1681     electrical, mechanical, or thermal energy for sale from a commercial energy system.

1682          (e) (i) "Commercial unit" means a building or structure that an entity uses to transact
1683     business.
1684          (ii) Notwithstanding Subsection (1)(e)(i):
1685          (A) with respect to an active solar system used for agricultural water pumping or a
1686     wind system, each individual energy generating device is considered to be a commercial unit;
1687     or
1688          (B) if an energy system is the building or structure that an entity uses to transact
1689     business, a commercial unit is the complete energy system itself.
1690          (f) "Direct use geothermal system" means a system of apparatus and equipment that
1691     enables the direct use of geothermal energy to meet energy needs, including heating a building,
1692     an industrial process, and aquaculture.
1693          (g) "Geothermal electricity" means energy that is:
1694          (i) contained in heat that continuously flows outward from the earth; and
1695          (ii) used as a sole source of energy to produce electricity.
1696          (h) "Geothermal energy" means energy generated by heat that is contained in the earth.
1697          (i) "Geothermal heat pump system" means a system of apparatus and equipment that:
1698          (i) enables the use of thermal properties contained in the earth at temperatures well
1699     below 100 degrees Fahrenheit; and
1700          (ii) helps meet heating and cooling needs of a structure.
1701          (j) "Hydroenergy system" means a system of apparatus and equipment that is capable
1702     of:
1703          (i) intercepting and converting kinetic water energy into electrical or mechanical
1704     energy; and
1705          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
1706          (k) "Office" means the Office of Energy Development created in Section [63M-4-401]
1707     79-6-401.
1708          (l) (i) "Passive solar system" means a direct thermal system that utilizes the structure of
1709     a building and its operable components to provide for collection, storage, and distribution of

1710     heating or cooling during the appropriate times of the year by utilizing the climate resources
1711     available at the site.
1712          (ii) "Passive solar system" includes those portions and components of a building that
1713     are expressly designed and required for the collection, storage, and distribution of solar energy.
1714          (m) "Photovoltaic system" means an active solar system that generates electricity from
1715     sunlight.
1716          (n) (i) "Principal recovery portion" means the portion of a lease payment that
1717     constitutes the cost a person incurs in acquiring a commercial energy system.
1718          (ii) "Principal recovery portion" does not include:
1719          (A) an interest charge; or
1720          (B) a maintenance expense.
1721          (o) "Residential energy system" means the following used to supply energy to or for a
1722     residential unit:
1723          (i) an active solar system;
1724          (ii) a biomass system;
1725          (iii) a direct use geothermal system;
1726          (iv) a geothermal heat pump system;
1727          (v) a hydroenergy system;
1728          (vi) a passive solar system; or
1729          (vii) a wind system.
1730          (p) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
1731     unit that:
1732          (A) is located in the state; and
1733          (B) serves as a dwelling for a person, group of persons, or a family.
1734          (ii) "Residential unit" does not include property subject to a fee under:
1735          (A) Section 59-2-405;
1736          (B) Section 59-2-405.1;
1737          (C) Section 59-2-405.2;

1738          (D) Section 59-2-405.3; or
1739          (E) Section 72-10-110.5.
1740          (q) "Wind system" means a system of apparatus and equipment that is capable of:
1741          (i) intercepting and converting wind energy into mechanical or electrical energy; and
1742          (ii) transferring these forms of energy by a separate apparatus to the point of use, sale,
1743     or storage.
1744          (2) A taxpayer may claim an energy system tax credit as provided in this section
1745     against a tax due under this chapter for a taxable year.
1746          (3) (a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
1747     nonrefundable tax credit under this Subsection (3) with respect to a residential unit the taxpayer
1748     owns or uses if:
1749          (i) the taxpayer:
1750          (A) purchases and completes a residential energy system to supply all or part of the
1751     energy required for the residential unit; or
1752          (B) participates in the financing of a residential energy system to supply all or part of
1753     the energy required for the residential unit;
1754          (ii) the residential energy system is completed and placed in service on or after January
1755     1, 2007; and
1756          (iii) the taxpayer obtains a written certification from the office in accordance with
1757     Subsection (7).
1758          (b) (i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
1759     (3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each residential energy
1760     system installed with respect to each residential unit the taxpayer owns or uses.
1761          (ii) A tax credit under this Subsection (3) may include installation costs.
1762          (iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year in
1763     which the residential energy system is completed and placed in service.
1764          (iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
1765     liability under this chapter for a taxable year, the amount of the tax credit exceeding the

1766     liability may be carried forward for a period that does not exceed the next four taxable years.
1767          (c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
1768     residential energy system, other than a photovoltaic system, may not exceed $2,000 per
1769     residential unit.
1770          (d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
1771     photovoltaic system may not exceed:
1772          (i) for a system installed on or after January 1, 2018, but on or before December 31,
1773     2020, $1,600;
1774          (ii) for a system installed on or after January 1, 2021, but on or before December 31,
1775     2021, $1,200;
1776          (iii) for a system installed on or after January 1, 2022, but on or before December 31,
1777     2022, $800;
1778          (iv) for a system installed on or after January 1, 2023, but on or before December 31,
1779     2023, $400; and
1780          (v) for a system installed on or after January 1, 2024, $0.
1781          (e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
1782     tax credit under this Subsection (3):
1783          (i) the taxpayer may assign the tax credit to the other person; and
1784          (ii) (A) if the other person files a return under this chapter, the other person may claim
1785     the tax credit under this section as if the other person had met the requirements of this section
1786     to claim the tax credit; or
1787          (B) if the other person files a return under Chapter 10, Individual Income Tax Act, the
1788     other person may claim the tax credit under Section 59-10-1014 as if the other person had met
1789     the requirements of Section 59-10-1014 to claim the tax credit.
1790          (4) (a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
1791     refundable tax credit under this Subsection (4) with respect to a commercial energy system if:
1792          (i) the commercial energy system does not use:
1793          (A) wind, geothermal electricity, solar, or biomass equipment capable of producing a

1794     total of 660 or more kilowatts of electricity; or
1795          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
1796          (ii) the taxpayer purchases or participates in the financing of the commercial energy
1797     system;
1798          (iii) (A) the commercial energy system supplies all or part of the energy required by
1799     commercial units owned or used by the taxpayer; or
1800          (B) the taxpayer sells all or part of the energy produced by the commercial energy
1801     system as a commercial enterprise;
1802          (iv) the commercial energy system is completed and placed in service on or after
1803     January 1, 2007; and
1804          (v) the taxpayer obtains a written certification from the office in accordance with
1805     Subsection (7).
1806          (b) (i) Subject to Subsections (4)(b)(ii) through (v), the tax credit is equal to 10% of the
1807     reasonable costs of the commercial energy system.
1808          (ii) A tax credit under this Subsection (4) may include installation costs.
1809          (iii) A taxpayer may claim a tax credit under this Subsection (4) for the taxable year in
1810     which the commercial energy system is completed and placed in service.
1811          (iv) A tax credit under this Subsection (4) may not be carried forward or carried back.
1812          (v) The total amount of tax credit a taxpayer may claim under this Subsection (4) may
1813     not exceed $50,000 per commercial unit.
1814          (c) (i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
1815     commercial energy system installed on a commercial unit may claim a tax credit under this
1816     Subsection (4) if the taxpayer confirms that the lessor irrevocably elects not to claim the tax
1817     credit.
1818          (ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
1819     Subsection (4) only the principal recovery portion of the lease payments.
1820          (iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
1821     Subsection (4) for a period that does not exceed seven taxable years after the date the lease

1822     begins, as stated in the lease agreement.
1823          (5) (a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
1824     refundable tax credit under this Subsection (5) with respect to a commercial energy system if:
1825          (i) the commercial energy system uses wind, geothermal electricity, or biomass
1826     equipment capable of producing a total of 660 or more kilowatts of electricity;
1827          (ii) (A) the commercial energy system supplies all or part of the energy required by
1828     commercial units owned or used by the taxpayer; or
1829          (B) the taxpayer sells all or part of the energy produced by the commercial energy
1830     system as a commercial enterprise;
1831          (iii) the commercial energy system is completed and placed in service on or after
1832     January 1, 2007; and
1833          (iv) the taxpayer obtains a written certification from the office in accordance with
1834     Subsection (7).
1835          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
1836     is equal to the product of:
1837          (A) 0.35 cents; and
1838          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1839          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
1840     during a period of 48 months beginning with the month in which the commercial energy
1841     system is placed in commercial service.
1842          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
1843          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
1844     unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the lessor
1845     irrevocably elects not to claim the tax credit.
1846          (6) (a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
1847     refundable tax credit as provided in this Subsection (6) if:
1848          (i) the taxpayer owns a commercial energy system that uses solar equipment capable of
1849     producing a total of 660 or more kilowatts of electricity;

1850          (ii) (A) the commercial energy system supplies all or part of the energy required by
1851     commercial units owned or used by the taxpayer; or
1852          (B) the taxpayer sells all or part of the energy produced by the commercial energy
1853     system as a commercial enterprise;
1854          (iii) the taxpayer does not claim a tax credit under Subsection (4);
1855          (iv) the commercial energy system is completed and placed in service on or after
1856     January 1, 2015; and
1857          (v) the taxpayer obtains a written certification from the office in accordance with
1858     Subsection (7).
1859          (b) (i) Subject to Subsections (6)(b)(ii) and (iii), a tax credit under this Subsection (6)
1860     is equal to the product of:
1861          (A) 0.35 cents; and
1862          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1863          (ii) A tax credit under this Subsection (6) may be claimed for production occurring
1864     during a period of 48 months beginning with the month in which the commercial energy
1865     system is placed in commercial service.
1866          (iii) A tax credit under this Subsection (6) may not be carried forward or carried back.
1867          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
1868     unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the lessor
1869     irrevocably elects not to claim the tax credit.
1870          (7) (a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
1871     obtain a written certification from the office.
1872          (b) The office shall issue a taxpayer a written certification if the office determines that:
1873          (i) the taxpayer meets the requirements of this section to receive a tax credit; and
1874          (ii) the residential energy system or commercial energy system with respect to which
1875     the taxpayer seeks to claim a tax credit:
1876          (A) has been completely installed;
1877          (B) is a viable system for saving or producing energy from renewable resources; and

1878          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
1879     energy system or commercial energy system uses the state's renewable and nonrenewable
1880     energy resources in an appropriate and economic manner.
1881          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1882     office may make rules:
1883          (i) for determining whether a residential energy system or commercial energy system
1884     meets the requirements of Subsection (7)(b)(ii); and
1885          (ii) for purposes of a tax credit under Subsection (3) or (4), establishing the reasonable
1886     costs of a residential energy system or a commercial energy system, as an amount per unit of
1887     energy production.
1888          (d) A taxpayer that obtains a written certification from the office shall retain the
1889     certification for the same time period a person is required to keep books and records under
1890     Section 59-1-1406.
1891          (e) The office shall submit to the commission an electronic list that includes:
1892          (i) the name and identifying information of each taxpayer to which the office issues a
1893     written certification; and
1894          (ii) for each taxpayer:
1895          (A) the amount of the tax credit listed on the written certification; and
1896          (B) the date the renewable energy system was installed.
1897          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1898     commission may make rules to address the certification of a tax credit under this section.
1899          (9) A tax credit under this section is in addition to any tax credits provided under the
1900     laws or rules and regulations of the United States.
1901          Section 24. Section 59-7-614.7 is amended to read:
1902          59-7-614.7. Nonrefundable alternative energy development tax credit.
1903          (1) As used in this section:
1904          (a) "Alternative energy entity" means the same as that term is defined in Section
1905     [63M-4-502] 79-6-502.

1906          (b) "Alternative energy project" means the same as that term is defined in Section
1907     [63M-4-502] 79-6-502.
1908          (c) "Office" means the Office of Energy Development created in Section [63M-4-401]
1909     79-6-401.
1910          (2) Subject to the other provisions of this section, an alternative energy entity may
1911     claim a nonrefundable tax credit for alternative energy development as provided in this section.
1912          (3) The tax credit under this section is the amount listed as the tax credit amount on a
1913     tax credit certificate that the office issues under [Title 63M, Chapter 4,] Title 79, Chapter 6,
1914     Part 5, Alternative Energy Development Tax Credit Act, to the alternative energy entity for the
1915     taxable year.
1916          (4) An alternative energy entity may carry forward a tax credit under this section for a
1917     period that does not exceed the next seven taxable years if:
1918          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
1919     taxable year; and
1920          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
1921     under this chapter for that taxable year.
1922          (5) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1923     Committee shall study the tax credit allowed by this section and make recommendations
1924     concerning whether the tax credit should be continued, modified, or repealed.
1925          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1926     this Subsection (5), the office shall provide the following information, if available to the office,
1927     to the Office of the Legislative Fiscal Analyst by electronic means:
1928          (A) the amount of tax credit that the office grants to each alternative energy entity for
1929     each taxable year;
1930          (B) the new state revenues generated by each alternative energy project;
1931          (C) the information contained in the office's latest report under Section [63M-4-505]
1932     79-6-505; and
1933          (D) any other information that the Office of the Legislative Fiscal Analyst requests.

1934          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1935     redact information that identifies a recipient of a tax credit under this section.
1936          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
1937     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1938     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1939     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
1940     energy entities that receive the tax credit under this section.
1941          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1942     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1943     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1944     office under Subsection (5)(b).
1945          (d) The Revenue and Taxation Interim Committee shall ensure that the
1946     recommendations described in Subsection (5)(a) include an evaluation of:
1947          (i) the cost of the tax credit to the state;
1948          (ii) the purpose and effectiveness of the tax credit; and
1949          (iii) the extent to which the state benefits from the tax credit.
1950          Section 25. Section 59-7-619 is amended to read:
1951          59-7-619. Nonrefundable high cost infrastructure development tax credit.
1952          (1) As used in this section:
1953          (a) "High cost infrastructure project" means the same as that term is defined in Section
1954     [63M-4-602] 79-6-602.
1955          (b) "Infrastructure cost-burdened entity" means the same as that term is defined in
1956     Section [63M-4-602] 79-6-602.
1957          (c) "Infrastructure-related revenue" means the same as that term is defined in Section
1958     [63M-4-602] 79-6-602.
1959          (d) "Office" means the Office of Energy Development created in Section [63M-4-401]
1960     79-6-401.
1961          (2) Subject to the other provisions of this section, a corporation that is an infrastructure

1962     cost-burdened entity may claim a nonrefundable tax credit for development of a high cost
1963     infrastructure project as provided in this section.
1964          (3) The tax credit under this section is the amount listed as the tax credit amount on a
1965     tax credit certificate that the office issues under [Title 63M, Chapter 4,] Title 79, Chapter 6,
1966     Part 6, High Cost Infrastructure Development Tax Credit Act, to the infrastructure
1967     cost-burdened entity for the taxable year.
1968          (4) An infrastructure cost-burdened entity may carry forward a tax credit under this
1969     section for a period that does not exceed the next seven taxable years if:
1970          (a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
1971     section for a taxable year; and
1972          (b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
1973     liability under this chapter for that taxable year.
1974          (5) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1975     Committee shall study the tax credit allowed by this section and make recommendations
1976     concerning whether the tax credit should be continued, modified, or repealed.
1977          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1978     this Subsection (5), the office shall provide the following information, if available to the office,
1979     to the Office of the Legislative Fiscal Analyst:
1980          (A) the amount of tax credit that the office grants to each infrastructure cost-burdened
1981     entity for each taxable year;
1982          (B) the infrastructure-related revenue generated by each high cost infrastructure
1983     project;
1984          (C) the information contained in the office's latest report under Section [63M-4-505]
1985     79-6-605; and
1986          (D) any other information that the Office of the Legislative Fiscal Analyst requests.
1987          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1988     redact information that identifies a recipient of a tax credit under this section.
1989          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting

1990     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1991     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1992     provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure
1993     cost-burdened entities that receive the tax credit under this section.
1994          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1995     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1996     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1997     office under Subsection (5)(b).
1998          (d) The Revenue and Taxation Interim Committee shall ensure that the
1999     recommendations described in Subsection (5)(a) include an evaluation of:
2000          (i) the cost of the tax credit to the state;
2001          (ii) the purpose and effectiveness of the tax credit; and
2002          (iii) the extent to which the state benefits from the tax credit.
2003          Section 26. Section 59-10-1014 is amended to read:
2004          59-10-1014. Nonrefundable renewable energy systems tax credits -- Definitions --
2005     Certification -- Rulemaking authority.
2006          (1) As used in this section:
2007          (a) (i) "Active solar system" means a system of equipment that is capable of:
2008          (A) collecting and converting incident solar radiation into thermal, mechanical, or
2009     electrical energy; and
2010          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
2011     apparatus to storage or to the point of use.
2012          (ii) "Active solar system" includes water heating, space heating or cooling, and
2013     electrical or mechanical energy generation.
2014          (b) "Biomass system" means a system of apparatus and equipment for use in:
2015          (i) converting material into biomass energy, as defined in Section 59-12-102; and
2016          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
2017          (c) "Direct use geothermal system" means a system of apparatus and equipment that

2018     enables the direct use of geothermal energy to meet energy needs, including heating a building,
2019     an industrial process, and aquaculture.
2020          (d) "Geothermal electricity" means energy that is:
2021          (i) contained in heat that continuously flows outward from the earth; and
2022          (ii) used as a sole source of energy to produce electricity.
2023          (e) "Geothermal energy" means energy generated by heat that is contained in the earth.
2024          (f) "Geothermal heat pump system" means a system of apparatus and equipment that:
2025          (i) enables the use of thermal properties contained in the earth at temperatures well
2026     below 100 degrees Fahrenheit; and
2027          (ii) helps meet heating and cooling needs of a structure.
2028          (g) "Hydroenergy system" means a system of apparatus and equipment that is capable
2029     of:
2030          (i) intercepting and converting kinetic water energy into electrical or mechanical
2031     energy; and
2032          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
2033          (h) "Office" means the Office of Energy Development created in Section [63M-4-401]
2034     79-6-401.
2035          (i) (i) "Passive solar system" means a direct thermal system that utilizes the structure of
2036     a building and its operable components to provide for collection, storage, and distribution of
2037     heating or cooling during the appropriate times of the year by utilizing the climate resources
2038     available at the site.
2039          (ii) "Passive solar system" includes those portions and components of a building that
2040     are expressly designed and required for the collection, storage, and distribution of solar energy.
2041          (j) "Photovoltaic system" means an active solar system that generates electricity from
2042     sunlight.
2043          (k) (i) "Principal recovery portion" means the portion of a lease payment that
2044     constitutes the cost a person incurs in acquiring a residential energy system.
2045          (ii) "Principal recovery portion" does not include:

2046          (A) an interest charge; or
2047          (B) a maintenance expense.
2048          (l) "Residential energy system" means the following used to supply energy to or for a
2049     residential unit:
2050          (i) an active solar system;
2051          (ii) a biomass system;
2052          (iii) a direct use geothermal system;
2053          (iv) a geothermal heat pump system;
2054          (v) a hydroenergy system;
2055          (vi) a passive solar system; or
2056          (vii) a wind system.
2057          (m) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
2058     unit that:
2059          (A) is located in the state; and
2060          (B) serves as a dwelling for a person, group of persons, or a family.
2061          (ii) "Residential unit" does not include property subject to a fee under:
2062          (A) Section 59-2-405;
2063          (B) Section 59-2-405.1;
2064          (C) Section 59-2-405.2;
2065          (D) Section 59-2-405.3; or
2066          (E) Section 72-10-110.5.
2067          (n) "Wind system" means a system of apparatus and equipment that is capable of:
2068          (i) intercepting and converting wind energy into mechanical or electrical energy; and
2069          (ii) transferring these forms of energy by a separate apparatus to the point of use or
2070     storage.
2071          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
2072     this section against a tax due under this chapter for a taxable year.
2073          (3) For a taxable year beginning on or after January 1, 2007, a claimant, estate, or trust

2074     may claim a nonrefundable tax credit under this section with respect to a residential unit the
2075     claimant, estate, or trust owns or uses if:
2076          (a) the claimant, estate, or trust:
2077          (i) purchases and completes a residential energy system to supply all or part of the
2078     energy required for the residential unit; or
2079          (ii) participates in the financing of a residential energy system to supply all or part of
2080     the energy required for the residential unit;
2081          (b) the residential energy system is installed on or after January 1, 2007; and
2082          (c) the claimant, estate, or trust obtains a written certification from the office in
2083     accordance with Subsection (5).
2084          (4) (a) For a residential energy system, other than a photovoltaic system, the tax credit
2085     described in this section is equal to the lesser of:
2086          (i) 25% of the reasonable costs, including installation costs, of each residential energy
2087     system installed with respect to each residential unit the claimant, estate, or trust owns or uses;
2088     and
2089          (ii) $2,000.
2090          (b) Subject to Subsection (5)(d), for a residential energy system that is a photovoltaic
2091     system, the tax credit described in this section is equal to the lesser of:
2092          (i) 25% of the reasonable costs, including installation costs, of each system installed
2093     with respect to each residential unit the claimant, estate, or trust owns or uses; or
2094          (ii) (A) for a system installed on or after January 1, 2007, but on or before December
2095     31, 2017, $2,000;
2096          (B) for a system installed on or after January 1, 2018, but on or before December 31,
2097     2020, $1,600;
2098          (C) for a system installed on or after January 1, 2021, but on or before December 31,
2099     2021, $1,200;
2100          (D) for a system installed on or after January 1, 2022, but on or before December 31,
2101     2022, $800;

2102          (E) for a system installed on or after January 1, 2023, but on or before December 31,
2103     2023, $400; and
2104          (F) for a system installed on or after January 1, 2024, $0.
2105          (c) (i) The office shall determine the amount of the tax credit that a claimant, estate, or
2106     trust may claim and list that amount on the written certification that the office issues under
2107     Subsection (5).
2108          (ii) The claimant, estate, or trust may claim the tax credit in the amount listed on the
2109     written certification that the office issues under Subsection (5).
2110          (d) A claimant, estate, or trust may claim a tax credit under Subsection (3) for the
2111     taxable year in which the residential energy system is installed.
2112          (e) If the amount of a tax credit listed on the written certification exceeds a claimant's,
2113     estate's, or trust's tax liability under this chapter for a taxable year, the claimant, estate, or trust
2114     may carry forward the amount of the tax credit exceeding the liability for a period that does not
2115     exceed the next four taxable years.
2116          (f) A claimant, estate, or trust may claim a tax credit with respect to additional
2117     residential energy systems or parts of residential energy systems for a subsequent taxable year
2118     if the total amount of tax credit the claimant, estate, or trust claims does not exceed $2,000 per
2119     residential unit.
2120          (g) (i) Subject to Subsections (4)(g)(ii) and (iii), a claimant, estate, or trust that leases a
2121     residential energy system installed on a residential unit may claim a tax credit under Subsection
2122     (3) if the claimant, estate, or trust confirms that the lessor irrevocably elects not to claim the tax
2123     credit.
2124          (ii) A claimant, estate, or trust described in Subsection (4)(g)(i) that leases a residential
2125     energy system may claim as a tax credit under Subsection (3) only the principal recovery
2126     portion of the lease payments.
2127          (iii) A claimant, estate, or trust described in Subsection (4)(g)(i) that leases a
2128     residential energy system may claim a tax credit under Subsection (3) for a period that does not
2129     exceed seven taxable years after the date the lease begins, as stated in the lease agreement.

2130          (h) If a claimant, estate, or trust sells a residential unit to another person before the
2131     claimant, estate, or trust claims the tax credit under Subsection (3):
2132          (i) the claimant, estate, or trust may assign the tax credit to the other person; and
2133          (ii) (A) if the other person files a return under Chapter 7, Corporate Franchise and
2134     Income Taxes, the other person may claim the tax credit as if the other person had met the
2135     requirements of Section 59-7-614 to claim the tax credit; or
2136          (B) if the other person files a return under this chapter, the other person may claim the
2137     tax credit under this section as if the other person had met the requirements of this section to
2138     claim the tax credit.
2139          (5) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
2140     claimant, estate, or trust shall obtain a written certification from the office.
2141          (b) The office shall issue a claimant, estate, or trust a written certification if the office
2142     determines that:
2143          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
2144     credit; and
2145          (ii) the office determines that the residential energy system with respect to which the
2146     claimant, estate, or trust seeks to claim a tax credit:
2147          (A) has been completely installed;
2148          (B) is a viable system for saving or producing energy from renewable resources; and
2149          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
2150     energy system uses the state's renewable and nonrenewable energy resources in an appropriate
2151     and economic manner.
2152          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2153     office may make rules:
2154          (i) for determining whether a residential energy system meets the requirements of
2155     Subsection (5)(b)(ii); and
2156          (ii) for purposes of determining the amount of a tax credit that a claimant, estate, or
2157     trust may receive under Subsection (4), establishing the reasonable costs of a residential energy

2158     system, as an amount per unit of energy production.
2159          (d) A claimant, estate, or trust that obtains a written certification from the office shall
2160     retain the certification for the same time period a person is required to keep books and records
2161     under Section 59-1-1406.
2162          (e) The office shall submit to the commission an electronic list that includes:
2163          (i) the name and identifying information of each claimant, estate, or trust to which the
2164     office issues a written certification; and
2165          (ii) for each claimant, estate, or trust:
2166          (A) the amount of the tax credit listed on the written certification; and
2167          (B) the date the renewable energy system was installed.
2168          (6) A tax credit under this section is in addition to any tax credits provided under the
2169     laws or rules and regulations of the United States.
2170          (7) A purchaser of one or more solar units that claims a tax credit under Section
2171     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
2172     section for that purchase.
2173          Section 27. Section 59-10-1024 is amended to read:
2174          59-10-1024. Nonrefundable tax credit for qualifying solar projects.
2175          (1) As used in this section:
2176          (a) "Active solar system" means the same as that term is defined in Section
2177     59-10-1014.
2178          (b) "Office" means the Office of Energy Development created in Section [63M-4-401]
2179     79-6-401.
2180          (c) "Purchaser" means a claimant, estate, or trust that purchases one or more solar units
2181     from a qualifying political subdivision.
2182          (d) "Qualifying political subdivision" means:
2183          (i) a city or town in this state;
2184          (ii) an interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act;
2185     or

2186          (iii) a special service district created under Title 17D, Chapter 1, Special Service
2187     District Act.
2188          (e) "Qualifying solar project" means the portion of an active solar system:
2189          (i) that a qualifying political subdivision:
2190          (A) constructs;
2191          (B) controls; or
2192          (C) owns;
2193          (ii) with respect to which the qualifying political subdivision sells one or more solar
2194     units; and
2195          (iii) that generates electrical output that is furnished:
2196          (A) to one or more residential units; or
2197          (B) for the benefit of one or more residential units.
2198          (f) "Residential unit" means the same as that term is defined in Section 59-10-1014.
2199          (g) "Solar unit" means a portion of the electrical output:
2200          (i) of a qualifying solar project;
2201          (ii) that a qualifying political subdivision sells to a purchaser; and
2202          (iii) the purchase of which requires that the purchaser agree to bear a proportionate
2203     share of the expense of the qualifying solar project:
2204          (A) in accordance with a written agreement between the purchaser and the qualifying
2205     political subdivision;
2206          (B) in exchange for a credit on the purchaser's electrical bill; and
2207          (C) as determined by a formula established by the qualifying political subdivision.
2208          (2) (a) Subject to Subsections (2)(b) and (3), a purchaser may claim a nonrefundable
2209     tax credit equal to the amount stated on a tax credit certificate issued by the office.
2210          (b) The maximum tax credit per taxpayer per taxable year is the lesser of:
2211          (i) 25% of the amount that the purchaser pays to purchase one or more solar units
2212     during the taxable year; and
2213          (ii) $2,000.

2214          (3) (a) To claim a tax credit under this section, a purchaser shall receive a tax credit
2215     certificate from the office.
2216          (b) The purchaser shall submit, with the purchaser's application for a tax credit
2217     certificate, proof of the purchaser's purchase of one or more solar units.
2218          (c) If the office determines that the purchaser purchased one or more solar units during
2219     the taxable year, the office shall:
2220          (i) determine the amount of the purchaser's tax credit; and
2221          (ii) issue, on a form approved by the commission, a tax credit certificate to the
2222     purchaser that states the amount of the purchaser's tax credit.
2223          (d) If the office determines that a claimant, estate, or trust requesting a tax credit
2224     certificate is not eligible for a tax credit certificate under this section but may be eligible for a
2225     tax credit certificate under Section 59-10-1014, the office shall treat the claimant, estate, or
2226     trust as applying for a written certification in accordance with Section 59-10-1014.
2227          (e) A purchaser who receives a tax credit certificate shall retain the tax credit certificate
2228     for the same time period that a person is required to keep books and records under Section
2229     59-1-1406.
2230          (f) The office shall submit to the commission an electronic list that includes:
2231          (i) the name and identifying information of each purchaser to whom the office issued a
2232     certificate; and
2233          (ii) for each claimant, estate, or trust:
2234          (A) the amount of the tax credit listed on the written certification; and
2235          (B) the date or dates the claimant, estate, or trust purchased one or more solar units.
2236          (4) A purchaser may carry forward a tax credit under this section for a period that does
2237     not exceed the next four taxable years if:
2238          (a) the purchaser is allowed to claim a tax credit under this section for a taxable year;
2239     and
2240          (b) the amount of the tax credit exceeds the purchaser's tax liability under this chapter
2241     for that taxable year.

2242          (5) Subject to Section 59-10-1014, a tax credit under this section is in addition to any
2243     other tax credit allowed by this chapter.
2244          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2245     office may make rules to govern the application process for receiving a tax credit certificate.
2246          Section 28. Section 59-10-1029 is amended to read:
2247          59-10-1029. Nonrefundable alternative energy development tax credit.
2248          (1) As used in this section:
2249          (a) "Alternative energy entity" means the same as that term is defined in Section
2250     [63M-4-502] 79-6-502.
2251          (b) "Alternative energy project" means the same as that term is defined in Section
2252     [63M-4-502] 79-6-502.
2253          (c) "Office" means the Office of Energy Development created in Section [63M-4-401]
2254     79-6-401.
2255          (2) Subject to the other provisions of this section, an alternative energy entity may
2256     claim a nonrefundable tax credit for alternative energy development as provided in this section.
2257          (3) The tax credit under this section is the amount listed as the tax credit amount on a
2258     tax credit certificate that the office issues under [Title 63M, Chapter 4,] Title 79, Chapter 6,
2259     Part 5, Alternative Energy Development Tax Credit Act, to the alternative energy entity for the
2260     taxable year.
2261          (4) An alternative energy entity may carry forward a tax credit under this section for a
2262     period that does not exceed the next seven taxable years if:
2263          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
2264     taxable year; and
2265          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
2266     under this chapter for that taxable year.
2267          (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2268     Committee shall study the tax credit allowed by this section and make recommendations
2269     concerning whether the tax credit should be continued, modified, or repealed.

2270          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
2271     this Subsection (5), the office shall provide the following information, if available to the office,
2272     to the Office of the Legislative Fiscal Analyst by electronic means:
2273          (A) the amount of tax credit that the office grants to each alternative energy entity for
2274     each taxable year;
2275          (B) the new state revenues generated by each alternative energy project;
2276          (C) the information contained in the office's latest report under Section [63M-4-505]
2277     79-6-505; and
2278          (D) any other information that the Office of the Legislative Fiscal Analyst requests.
2279          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
2280     redact information that identifies a recipient of a tax credit under this section.
2281          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
2282     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
2283     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2284     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
2285     energy entities that receive the tax credit under this section.
2286          (c) As part of the study required by this Subsection (5), the Office of the Legislative
2287     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2288     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2289     office under Subsection (5)(b).
2290          (d) The Revenue and Taxation Interim Committee shall ensure that the
2291     recommendations described in Subsection (5)(a) include an evaluation of:
2292          (i) the cost of the tax credit to the state;
2293          (ii) the purpose and effectiveness of the tax credit; and
2294          (iii) the extent to which the state benefits from the tax credit.
2295          Section 29. Section 59-10-1034 is amended to read:
2296          59-10-1034. Nonrefundable high cost infrastructure development tax credit.
2297          (1) As used in this section:

2298          (a) "High cost infrastructure project" means the same as that term is defined in Section
2299     [63M-4-602] 79-6-602.
2300          (b) "Infrastructure cost-burdened entity" means the same as that term is defined in
2301     Section [63M-4-602] 79-6-602.
2302          (c) "Infrastructure-related revenue" means the same as that term is defined in Section
2303     [63M-4-602] 79-6-602.
2304          (d) "Office" means the Office of Energy Development created in Section [63M-4-401]
2305     79-6-401.
2306          (2) Subject to the other provisions of this section, a claimant, estate, or trust that is an
2307     infrastructure cost-burdened entity may claim a nonrefundable tax credit for development of a
2308     high cost infrastructure project as provided in this section.
2309          (3) The tax credit under this section is the amount listed as the tax credit amount on a
2310     tax credit certificate that the office issues under [Title 63M, Chapter 4,] Title 79, Chapter 6,
2311     Part 6, High Cost Infrastructure Development Tax Credit Act, to the infrastructure
2312     cost-burdened entity for the taxable year.
2313          (4) An infrastructure cost-burdened entity may carry forward a tax credit under this
2314     section for a period that does not exceed the next seven taxable years if:
2315          (a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
2316     section for a taxable year; and
2317          (b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
2318     liability under this chapter for that taxable year.
2319          (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2320     Committee shall study the tax credit allowed by this section and make recommendations
2321     concerning whether the tax credit should be continued, modified, or repealed.
2322          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
2323     this Subsection (5), the office shall provide the following information, if available to the office,
2324     to the Office of the Legislative Fiscal Analyst:
2325          (A) the amount of tax credit that the office grants to each infrastructure cost-burdened

2326     entity for each taxable year;
2327          (B) the infrastructure-related revenue generated by each high cost infrastructure
2328     project;
2329          (C) the information contained in the office's latest report under Section [63M-4-505]
2330     79-6-605; and
2331          (D) any other information that the Office of the Legislative Fiscal Analyst requests.
2332          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
2333     redact information that identifies a recipient of a tax credit under this section.
2334          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
2335     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
2336     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2337     provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure
2338     cost-burdened entities that receive the tax credit under this section.
2339          (c) As part of the study required by this Subsection (5), the Office of the Legislative
2340     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2341     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2342     office under Subsection (5)(b).
2343          (d) The Revenue and Taxation Interim Committee shall ensure that the
2344     recommendations described in Subsection (5)(a) include an evaluation of:
2345          (i) the cost of the tax credit to the state;
2346          (ii) the purpose and effectiveness of the tax credit; and
2347          (iii) the extent to which the state benefits from the tax credit.
2348          Section 30. Section 59-10-1106 is amended to read:
2349          59-10-1106. Refundable renewable energy systems tax credits -- Definitions --
2350     Certification -- Rulemaking authority.
2351          (1) As used in this section:
2352          (a) "Active solar system" means the same as that term is defined in Section
2353     59-10-1014.

2354          (b) "Biomass system" means the same as that term is defined in Section 59-10-1014.
2355          (c) "Commercial energy system" means the same as that term is defined in Section
2356     59-7-614.
2357          (d) "Commercial enterprise" means the same as that term is defined in Section
2358     59-7-614.
2359          (e) (i) "Commercial unit" means the same as that term is defined in Section 59-7-614.
2360          (ii) Notwithstanding Subsection (1)(e)(i):
2361          (A) with respect to an active solar system used for agricultural water pumping or a
2362     wind system, each individual energy generating device is considered to be a commercial unit;
2363     or
2364          (B) if an energy system is the building or structure that a claimant, estate, or trust uses
2365     to transact business, a commercial unit is the complete energy system itself.
2366          (f) "Direct use geothermal system" means the same as that term is defined in Section
2367     59-10-1014.
2368          (g) "Geothermal electricity" means the same as that term is defined in Section
2369     59-10-1014.
2370          (h) "Geothermal energy" means the same as that term is defined in Section 59-10-1014.
2371          (i) "Geothermal heat pump system" means the same as that term is defined in Section
2372     59-10-1014.
2373          (j) "Hydroenergy system" means the same as that term is defined in Section
2374     59-10-1014.
2375          (k) "Office" means the Office of Energy Development created in Section [63M-4-401]
2376     79-6-401.
2377          (l) "Passive solar system" means the same as that term is defined in Section
2378     59-10-1014.
2379          (m) "Principal recovery portion" means the same as that term is defined in Section
2380     59-10-1014.
2381          (n) "Wind system" means the same as that term is defined in Section 59-10-1014.

2382          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
2383     this section against a tax due under this chapter for a taxable year.
2384          (3) (a) Subject to the other provisions of this Subsection (3), a claimant, estate, or trust
2385     may claim a refundable tax credit under this Subsection (3) with respect to a commercial
2386     energy system if:
2387          (i) the commercial energy system does not use:
2388          (A) wind, geothermal electricity, solar, or biomass equipment capable of producing a
2389     total of 660 or more kilowatts of electricity; or
2390          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
2391          (ii) the claimant, estate, or trust purchases or participates in the financing of the
2392     commercial energy system;
2393          (iii) (A) the commercial energy system supplies all or part of the energy required by
2394     commercial units owned or used by the claimant, estate, or trust; or
2395          (B) the claimant, estate, or trust sells all or part of the energy produced by the
2396     commercial energy system as a commercial enterprise;
2397          (iv) the commercial energy system is completed and placed in service on or after
2398     January 1, 2007; and
2399          (v) the claimant, estate, or trust obtains a written certification from the office in
2400     accordance with Subsection (6).
2401          (b) (i) Subject to Subsections (3)(b)(ii) through (v), the tax credit is equal to 10% of the
2402     reasonable costs of the commercial energy system.
2403          (ii) A tax credit under this Subsection (3) may include installation costs.
2404          (iii) A claimant, estate, or trust may claim a tax credit under this Subsection (3) for the
2405     taxable year in which the commercial energy system is completed and placed in service.
2406          (iv) A tax credit under this Subsection (3) may not be carried forward or carried back.
2407          (v) The total amount of tax credit a claimant, estate, or trust may claim under this
2408     Subsection (3) may not exceed $50,000 per commercial unit.
2409          (c) (i) Subject to Subsections (3)(c)(ii) and (iii), a claimant, estate, or trust that is a

2410     lessee of a commercial energy system installed on a commercial unit may claim a tax credit
2411     under this Subsection (3) if the claimant, estate, or trust confirms that the lessor irrevocably
2412     elects not to claim the tax credit.
2413          (ii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim as a tax
2414     credit under this Subsection (3) only the principal recovery portion of the lease payments.
2415          (iii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim a tax credit
2416     under this Subsection (3) for a period that does not exceed seven taxable years after the date the
2417     lease begins, as stated in the lease agreement.
2418          (4) (a) Subject to the other provisions of this Subsection (4), a claimant, estate, or trust
2419     may claim a refundable tax credit under this Subsection (4) with respect to a commercial
2420     energy system if:
2421          (i) the commercial energy system uses wind, geothermal electricity, or biomass
2422     equipment capable of producing a total of 660 or more kilowatts of electricity;
2423          (ii) (A) the commercial energy system supplies all or part of the energy required by
2424     commercial units owned or used by the claimant, estate, or trust; or
2425          (B) the claimant, estate, or trust sells all or part of the energy produced by the
2426     commercial energy system as a commercial enterprise;
2427          (iii) the commercial energy system is completed and placed in service on or after
2428     January 1, 2007; and
2429          (iv) the claimant, estate, or trust obtains a written certification from the office in
2430     accordance with Subsection (6).
2431          (b) (i) Subject to Subsections (4)(b)(ii) and (iii), a tax credit under this Subsection (4)
2432     is equal to the product of:
2433          (A) 0.35 cents; and
2434          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
2435          (ii) A tax credit under this Subsection (4) may be claimed for production occurring
2436     during a period of 48 months beginning with the month in which the commercial energy
2437     system is placed in commercial service.

2438          (iii) A tax credit under this Subsection (4) may not be carried forward or back.
2439          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
2440     on a commercial unit may claim a tax credit under this Subsection (4) if the claimant, estate, or
2441     trust confirms that the lessor irrevocably elects not to claim the tax credit.
2442          (5) (a) Subject to the other provisions of this Subsection (5), a claimant, estate, or trust
2443     may claim a refundable tax credit as provided in this Subsection (5) if:
2444          (i) the claimant, estate, or trust owns a commercial energy system that uses solar
2445     equipment capable of producing a total of 660 or more kilowatts of electricity;
2446          (ii) (A) the commercial energy system supplies all or part of the energy required by
2447     commercial units owned or used by the claimant, estate, or trust; or
2448          (B) the claimant, estate, or trust sells all or part of the energy produced by the
2449     commercial energy system as a commercial enterprise;
2450          (iii) the claimant, estate, or trust does not claim a tax credit under Subsection (3);
2451          (iv) the commercial energy system is completed and placed in service on or after
2452     January 1, 2015; and
2453          (v) the claimant, estate, or trust obtains a written certification from the office in
2454     accordance with Subsection (6).
2455          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
2456     is equal to the product of:
2457          (A) 0.35 cents; and
2458          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
2459          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
2460     during a period of 48 months beginning with the month in which the commercial energy
2461     system is placed in commercial service.
2462          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
2463          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
2464     on a commercial unit may claim a tax credit under this Subsection (5) if the claimant, estate, or
2465     trust confirms that the lessor irrevocably elects not to claim the tax credit.

2466          (6) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
2467     claimant, estate, or trust shall obtain a written certification from the office.
2468          (b) The office shall issue a claimant, estate, or trust a written certification if the office
2469     determines that:
2470          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
2471     credit; and
2472          (ii) the office determines that the commercial energy system with respect to which the
2473     claimant, estate, or trust seeks to claim a tax credit:
2474          (A) has been completely installed;
2475          (B) is a viable system for saving or producing energy from renewable resources; and
2476          (C) is safe, reliable, efficient, and technically feasible to ensure that the commercial
2477     energy system uses the state's renewable and nonrenewable resources in an appropriate and
2478     economic manner.
2479          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2480     office may make rules:
2481          (i) for determining whether a commercial energy system meets the requirements of
2482     Subsection (6)(b)(ii); and
2483          (ii) for purposes of a tax credit under Subsection (3), establishing the reasonable costs
2484     of a commercial energy system, as an amount per unit of energy production.
2485          (d) A claimant, estate, or trust that obtains a written certification from the office shall
2486     retain the certification for the same time period a person is required to keep books and records
2487     under Section 59-1-1406.
2488          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2489     commission may make rules to address the certification of a tax credit under this section.
2490          (8) A tax credit under this section is in addition to any tax credits provided under the
2491     laws or rules and regulations of the United States.
2492          (9) A purchaser of one or more solar units that claims a tax credit under Section
2493     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this

2494     section for that purchase.
2495          Section 31. Section 59-12-104 is amended to read:
2496          59-12-104. Exemptions.
2497          Exemptions from the taxes imposed by this chapter are as follows:
2498          (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
2499     under Chapter 13, Motor and Special Fuel Tax Act;
2500          (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
2501     subdivisions; however, this exemption does not apply to sales of:
2502          (a) construction materials except:
2503          (i) construction materials purchased by or on behalf of institutions of the public
2504     education system as defined in Utah Constitution, Article X, Section 2, provided the
2505     construction materials are clearly identified and segregated and installed or converted to real
2506     property which is owned by institutions of the public education system; and
2507          (ii) construction materials purchased by the state, its institutions, or its political
2508     subdivisions which are installed or converted to real property by employees of the state, its
2509     institutions, or its political subdivisions; or
2510          (b) tangible personal property in connection with the construction, operation,
2511     maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
2512     providing additional project capacity, as defined in Section 11-13-103;
2513          (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
2514          (i) the proceeds of each sale do not exceed $1; and
2515          (ii) the seller or operator of the vending machine reports an amount equal to 150% of
2516     the cost of the item described in Subsection (3)(b) as goods consumed; and
2517          (b) Subsection (3)(a) applies to:
2518          (i) food and food ingredients; or
2519          (ii) prepared food;
2520          (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
2521          (i) alcoholic beverages;

2522          (ii) food and food ingredients; or
2523          (iii) prepared food;
2524          (b) sales of tangible personal property or a product transferred electronically:
2525          (i) to a passenger;
2526          (ii) by a commercial airline carrier; and
2527          (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
2528          (c) services related to Subsection (4)(a) or (b);
2529          (5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
2530     and equipment:
2531          (A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
2532     North American Industry Classification System of the federal Executive Office of the
2533     President, Office of Management and Budget; and
2534          (II) for:
2535          (Aa) installation in an aircraft, including services relating to the installation of parts or
2536     equipment in the aircraft;
2537          (Bb) renovation of an aircraft; or
2538          (Cc) repair of an aircraft; or
2539          (B) for installation in an aircraft operated by a common carrier in interstate or foreign
2540     commerce; or
2541          (ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
2542     aircraft operated by a common carrier in interstate or foreign commerce; and
2543          (b) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
2544     a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
2545     refund:
2546          (i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;
2547          (ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;
2548          (iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
2549     the sale prior to filing for the refund;

2550          (iv) for sales and use taxes paid under this chapter on the sale;
2551          (v) in accordance with Section 59-1-1410; and
2552          (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
2553     the person files for the refund on or before September 30, 2011;
2554          (6) sales of commercials, motion picture films, prerecorded audio program tapes or
2555     records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
2556     exhibitor, distributor, or commercial television or radio broadcaster;
2557          (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
2558     cleaning or washing of tangible personal property if the cleaning or washing of the tangible
2559     personal property is not assisted cleaning or washing of tangible personal property;
2560          (b) if a seller that sells at the same business location assisted cleaning or washing of
2561     tangible personal property and cleaning or washing of tangible personal property that is not
2562     assisted cleaning or washing of tangible personal property, the exemption described in
2563     Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
2564     or washing of the tangible personal property; and
2565          (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
2566     Utah Administrative Rulemaking Act, the commission may make rules:
2567          (i) governing the circumstances under which sales are at the same business location;
2568     and
2569          (ii) establishing the procedures and requirements for a seller to separately account for
2570     sales of assisted cleaning or washing of tangible personal property;
2571          (8) sales made to or by religious or charitable institutions in the conduct of their regular
2572     religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
2573     fulfilled;
2574          (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
2575     this state if the vehicle is:
2576          (a) not registered in this state; and
2577          (b) (i) not used in this state; or

2578          (ii) used in this state:
2579          (A) if the vehicle is not used to conduct business, for a time period that does not
2580     exceed the longer of:
2581          (I) 30 days in any calendar year; or
2582          (II) the time period necessary to transport the vehicle to the borders of this state; or
2583          (B) if the vehicle is used to conduct business, for the time period necessary to transport
2584     the vehicle to the borders of this state;
2585          (10) (a) amounts paid for an item described in Subsection (10)(b) if:
2586          (i) the item is intended for human use; and
2587          (ii) (A) a prescription was issued for the item; or
2588          (B) the item was purchased by a hospital or other medical facility; and
2589          (b) (i) Subsection (10)(a) applies to:
2590          (A) a drug;
2591          (B) a syringe; or
2592          (C) a stoma supply; and
2593          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2594     commission may by rule define the terms:
2595          (A) "syringe"; or
2596          (B) "stoma supply";
2597          (11) purchases or leases exempt under Section 19-12-201;
2598          (12) (a) sales of an item described in Subsection (12)(c) served by:
2599          (i) the following if the item described in Subsection (12)(c) is not available to the
2600     general public:
2601          (A) a church; or
2602          (B) a charitable institution; or
2603          (ii) an institution of higher education if:
2604          (A) the item described in Subsection (12)(c) is not available to the general public; or
2605          (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan

2606     offered by the institution of higher education; or
2607          (b) sales of an item described in Subsection (12)(c) provided for a patient by:
2608          (i) a medical facility; or
2609          (ii) a nursing facility; and
2610          (c) Subsections (12)(a) and (b) apply to:
2611          (i) food and food ingredients;
2612          (ii) prepared food; or
2613          (iii) alcoholic beverages;
2614          (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
2615     or a product transferred electronically by a person:
2616          (i) regardless of the number of transactions involving the sale of that tangible personal
2617     property or product transferred electronically by that person; and
2618          (ii) not regularly engaged in the business of selling that type of tangible personal
2619     property or product transferred electronically;
2620          (b) this Subsection (13) does not apply if:
2621          (i) the sale is one of a series of sales of a character to indicate that the person is
2622     regularly engaged in the business of selling that type of tangible personal property or product
2623     transferred electronically;
2624          (ii) the person holds that person out as regularly engaged in the business of selling that
2625     type of tangible personal property or product transferred electronically;
2626          (iii) the person sells an item of tangible personal property or product transferred
2627     electronically that the person purchased as a sale that is exempt under Subsection (25); or
2628           (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
2629     this state in which case the tax is based upon:
2630          (A) the bill of sale or other written evidence of value of the vehicle or vessel being
2631     sold; or
2632          (B) in the absence of a bill of sale or other written evidence of value, the fair market
2633     value of the vehicle or vessel being sold at the time of the sale as determined by the

2634     commission; and
2635          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2636     commission shall make rules establishing the circumstances under which:
2637          (i) a person is regularly engaged in the business of selling a type of tangible personal
2638     property or product transferred electronically;
2639          (ii) a sale of tangible personal property or a product transferred electronically is one of
2640     a series of sales of a character to indicate that a person is regularly engaged in the business of
2641     selling that type of tangible personal property or product transferred electronically; or
2642          (iii) a person holds that person out as regularly engaged in the business of selling a type
2643     of tangible personal property or product transferred electronically;
2644          (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2645     operating repair or replacement parts, or materials, except for office equipment or office
2646     supplies, by:
2647          (a) a manufacturing facility that:
2648          (i) is located in the state; and
2649          (ii) uses or consumes the machinery, equipment, normal operating repair or
2650     replacement parts, or materials:
2651          (A) in the manufacturing process to manufacture an item sold as tangible personal
2652     property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
2653     Utah Administrative Rulemaking Act; or
2654          (B) for a scrap recycler, to process an item sold as tangible personal property, as the
2655     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2656     Administrative Rulemaking Act;
2657          (b) an establishment, as the commission defines that term in accordance with Title
2658     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2659          (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
2660     Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
2661     Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the

2662     2002 North American Industry Classification System of the federal Executive Office of the
2663     President, Office of Management and Budget;
2664          (ii) is located in the state; and
2665          (iii) uses or consumes the machinery, equipment, normal operating repair or
2666     replacement parts, or materials in:
2667          (A) the production process to produce an item sold as tangible personal property, as the
2668     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2669     Administrative Rulemaking Act;
2670          (B) research and development, as the commission may define that phrase in accordance
2671     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2672          (C) transporting, storing, or managing tailings, overburden, or similar waste materials
2673     produced from mining;
2674          (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
2675     mining; or
2676          (E) preventing, controlling, or reducing dust or other pollutants from mining; or
2677          (c) an establishment, as the commission defines that term in accordance with Title 63G,
2678     Chapter 3, Utah Administrative Rulemaking Act, that:
2679          (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
2680     American Industry Classification System of the federal Executive Office of the President,
2681     Office of Management and Budget;
2682          (ii) is located in the state; and
2683          (iii) uses or consumes the machinery, equipment, normal operating repair or
2684     replacement parts, or materials in the operation of the web search portal;
2685          (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
2686          (i) tooling;
2687          (ii) special tooling;
2688          (iii) support equipment;
2689          (iv) special test equipment; or

2690          (v) parts used in the repairs or renovations of tooling or equipment described in
2691     Subsections (15)(a)(i) through (iv); and
2692          (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
2693          (i) the tooling, equipment, or parts are used or consumed exclusively in the
2694     performance of any aerospace or electronics industry contract with the United States
2695     government or any subcontract under that contract; and
2696          (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
2697     title to the tooling, equipment, or parts is vested in the United States government as evidenced
2698     by:
2699          (A) a government identification tag placed on the tooling, equipment, or parts; or
2700          (B) listing on a government-approved property record if placing a government
2701     identification tag on the tooling, equipment, or parts is impractical;
2702          (16) sales of newspapers or newspaper subscriptions;
2703          (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
2704     product transferred electronically traded in as full or part payment of the purchase price, except
2705     that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
2706     trade-ins are limited to other vehicles only, and the tax is based upon:
2707          (i) the bill of sale or other written evidence of value of the vehicle being sold and the
2708     vehicle being traded in; or
2709          (ii) in the absence of a bill of sale or other written evidence of value, the then existing
2710     fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
2711     commission; and
2712          (b) Subsection (17)(a) does not apply to the following items of tangible personal
2713     property or products transferred electronically traded in as full or part payment of the purchase
2714     price:
2715          (i) money;
2716          (ii) electricity;
2717          (iii) water;

2718          (iv) gas; or
2719          (v) steam;
2720          (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
2721     or a product transferred electronically used or consumed primarily and directly in farming
2722     operations, regardless of whether the tangible personal property or product transferred
2723     electronically:
2724          (A) becomes part of real estate; or
2725          (B) is installed by a:
2726          (I) farmer;
2727          (II) contractor; or
2728          (III) subcontractor; or
2729          (ii) sales of parts used in the repairs or renovations of tangible personal property or a
2730     product transferred electronically if the tangible personal property or product transferred
2731     electronically is exempt under Subsection (18)(a)(i); and
2732          (b) amounts paid or charged for the following are subject to the taxes imposed by this
2733     chapter:
2734          (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
2735     supplies if used in a manner that is incidental to farming; and
2736          (B) tangible personal property that is considered to be used in a manner that is
2737     incidental to farming includes:
2738          (I) hand tools; or
2739          (II) maintenance and janitorial equipment and supplies;
2740          (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
2741     transferred electronically if the tangible personal property or product transferred electronically
2742     is used in an activity other than farming; and
2743          (B) tangible personal property or a product transferred electronically that is considered
2744     to be used in an activity other than farming includes:
2745          (I) office equipment and supplies; or

2746          (II) equipment and supplies used in:
2747          (Aa) the sale or distribution of farm products;
2748          (Bb) research; or
2749          (Cc) transportation; or
2750          (iii) a vehicle required to be registered by the laws of this state during the period
2751     ending two years after the date of the vehicle's purchase;
2752          (19) sales of hay;
2753          (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
2754     garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
2755     garden, farm, or other agricultural produce is sold by:
2756          (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
2757     agricultural produce;
2758          (b) an employee of the producer described in Subsection (20)(a); or
2759          (c) a member of the immediate family of the producer described in Subsection (20)(a);
2760          (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
2761     under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
2762          (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
2763     nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
2764     wholesaler, or retailer for use in packaging tangible personal property to be sold by that
2765     manufacturer, processor, wholesaler, or retailer;
2766          (23) a product stored in the state for resale;
2767          (24) (a) purchases of a product if:
2768          (i) the product is:
2769          (A) purchased outside of this state;
2770          (B) brought into this state:
2771          (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
2772          (II) by a nonresident person who is not living or working in this state at the time of the
2773     purchase;

2774          (C) used for the personal use or enjoyment of the nonresident person described in
2775     Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
2776          (D) not used in conducting business in this state; and
2777          (ii) for:
2778          (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
2779     the product for a purpose for which the product is designed occurs outside of this state;
2780          (B) a boat, the boat is registered outside of this state; or
2781          (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2782     outside of this state;
2783          (b) the exemption provided for in Subsection (24)(a) does not apply to:
2784          (i) a lease or rental of a product; or
2785          (ii) a sale of a vehicle exempt under Subsection (33); and
2786          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2787     purposes of Subsection (24)(a), the commission may by rule define what constitutes the
2788     following:
2789          (i) conducting business in this state if that phrase has the same meaning in this
2790     Subsection (24) as in Subsection (63);
2791          (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
2792     as in Subsection (63); or
2793          (iii) a purpose for which a product is designed if that phrase has the same meaning in
2794     this Subsection (24) as in Subsection (63);
2795          (25) a product purchased for resale in the regular course of business, either in its
2796     original form or as an ingredient or component part of a manufactured or compounded product;
2797          (26) a product upon which a sales or use tax was paid to some other state, or one of its
2798     subdivisions, except that the state shall be paid any difference between the tax paid and the tax
2799     imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
2800     the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2801     Act;

2802          (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2803     person for use in compounding a service taxable under the subsections;
2804          (28) purchases made in accordance with the special supplemental nutrition program for
2805     women, infants, and children established in 42 U.S.C. Sec. 1786;
2806          (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2807     replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2808     3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2809     the President, Office of Management and Budget;
2810          (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2811     Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2812          (a) not registered in this state; and
2813          (b) (i) not used in this state; or
2814          (ii) used in this state:
2815          (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2816     time period that does not exceed the longer of:
2817          (I) 30 days in any calendar year; or
2818          (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2819     the borders of this state; or
2820          (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2821     period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2822     state;
2823          (31) sales of aircraft manufactured in Utah;
2824          (32) amounts paid for the purchase of telecommunications service for purposes of
2825     providing telecommunications service;
2826          (33) sales, leases, or uses of the following:
2827          (a) a vehicle by an authorized carrier; or
2828          (b) tangible personal property that is installed on a vehicle:
2829          (i) sold or leased to or used by an authorized carrier; and

2830          (ii) before the vehicle is placed in service for the first time;
2831          (34) (a) 45% of the sales price of any new manufactured home; and
2832          (b) 100% of the sales price of any used manufactured home;
2833          (35) sales relating to schools and fundraising sales;
2834          (36) sales or rentals of durable medical equipment if:
2835          (a) a person presents a prescription for the durable medical equipment; and
2836          (b) the durable medical equipment is used for home use only;
2837          (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2838     Section 72-11-102; and
2839          (b) the commission shall by rule determine the method for calculating sales exempt
2840     under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2841          (38) sales to a ski resort of:
2842          (a) snowmaking equipment;
2843          (b) ski slope grooming equipment;
2844          (c) passenger ropeways as defined in Section 72-11-102; or
2845          (d) parts used in the repairs or renovations of equipment or passenger ropeways
2846     described in Subsections (38)(a) through (c);
2847          (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal,
2848     fuel oil, or other fuels for industrial use;
2849          (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2850     amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2851     59-12-102;
2852          (b) if a seller that sells or rents at the same business location the right to use or operate
2853     for amusement, entertainment, or recreation one or more unassisted amusement devices and
2854     one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2855     applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2856     amusement, entertainment, or recreation for the assisted amusement devices; and
2857          (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,

2858     Utah Administrative Rulemaking Act, the commission may make rules:
2859          (i) governing the circumstances under which sales are at the same business location;
2860     and
2861          (ii) establishing the procedures and requirements for a seller to separately account for
2862     the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2863     assisted amusement devices;
2864          (41) (a) sales of photocopies by:
2865          (i) a governmental entity; or
2866          (ii) an entity within the state system of public education, including:
2867          (A) a school; or
2868          (B) the State Board of Education; or
2869          (b) sales of publications by a governmental entity;
2870          (42) amounts paid for admission to an athletic event at an institution of higher
2871     education that is subject to the provisions of Title IX of the Education Amendments of 1972,
2872     20 U.S.C. Sec. 1681 et seq.;
2873          (43) (a) sales made to or by:
2874          (i) an area agency on aging; or
2875          (ii) a senior citizen center owned by a county, city, or town; or
2876          (b) sales made by a senior citizen center that contracts with an area agency on aging;
2877          (44) sales or leases of semiconductor fabricating, processing, research, or development
2878     materials regardless of whether the semiconductor fabricating, processing, research, or
2879     development materials:
2880          (a) actually come into contact with a semiconductor; or
2881          (b) ultimately become incorporated into real property;
2882          (45) an amount paid by or charged to a purchaser for accommodations and services
2883     described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
2884     59-12-104.2;
2885          (46) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary

2886     sports event registration certificate in accordance with Section 41-3-306 for the event period
2887     specified on the temporary sports event registration certificate;
2888          (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
2889     adopted by the Public Service Commission only for purchase of electricity produced from a
2890     new alternative energy source built after January 1, 2016, as designated in the tariff by the
2891     Public Service Commission; and
2892          (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
2893     only to the portion of the tariff rate a customer pays under the tariff described in Subsection
2894     (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
2895     customer would have paid absent the tariff;
2896          (48) sales or rentals of mobility enhancing equipment if a person presents a
2897     prescription for the mobility enhancing equipment;
2898          (49) sales of water in a:
2899          (a) pipe;
2900          (b) conduit;
2901          (c) ditch; or
2902          (d) reservoir;
2903          (50) sales of currency or coins that constitute legal tender of a state, the United States,
2904     or a foreign nation;
2905          (51) (a) sales of an item described in Subsection (51)(b) if the item:
2906          (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
2907          (ii) has a gold, silver, or platinum content of 50% or more; and
2908          (b) Subsection (51)(a) applies to a gold, silver, or platinum:
2909          (i) ingot;
2910          (ii) bar;
2911          (iii) medallion; or
2912          (iv) decorative coin;
2913          (52) amounts paid on a sale-leaseback transaction;

2914          (53) sales of a prosthetic device:
2915          (a) for use on or in a human; and
2916          (b) (i) for which a prescription is required; or
2917          (ii) if the prosthetic device is purchased by a hospital or other medical facility;
2918          (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
2919     machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
2920     or equipment is primarily used in the production or postproduction of the following media for
2921     commercial distribution:
2922          (i) a motion picture;
2923          (ii) a television program;
2924          (iii) a movie made for television;
2925          (iv) a music video;
2926          (v) a commercial;
2927          (vi) a documentary; or
2928          (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
2929     commission by administrative rule made in accordance with Subsection (54)(d); or
2930          (b) purchases, leases, or rentals of machinery or equipment by an establishment
2931     described in Subsection (54)(c) that is used for the production or postproduction of the
2932     following are subject to the taxes imposed by this chapter:
2933          (i) a live musical performance;
2934          (ii) a live news program; or
2935          (iii) a live sporting event;
2936          (c) the following establishments listed in the 1997 North American Industry
2937     Classification System of the federal Executive Office of the President, Office of Management
2938     and Budget, apply to Subsections (54)(a) and (b):
2939          (i) NAICS Code 512110; or
2940          (ii) NAICS Code 51219; and
2941          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

2942     commission may by rule:
2943          (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
2944     or
2945          (ii) define:
2946          (A) "commercial distribution";
2947          (B) "live musical performance";
2948          (C) "live news program"; or
2949          (D) "live sporting event";
2950          (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2951     on or before June 30, 2027, of tangible personal property that:
2952          (i) is leased or purchased for or by a facility that:
2953          (A) is an alternative energy electricity production facility;
2954          (B) is located in the state; and
2955          (C) (I) becomes operational on or after July 1, 2004; or
2956          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2957     2004, as a result of the use of the tangible personal property;
2958          (ii) has an economic life of five or more years; and
2959          (iii) is used to make the facility or the increase in capacity of the facility described in
2960     Subsection (55)(a)(i) operational up to the point of interconnection with an existing
2961     transmission grid including:
2962          (A) a wind turbine;
2963          (B) generating equipment;
2964          (C) a control and monitoring system;
2965          (D) a power line;
2966          (E) substation equipment;
2967          (F) lighting;
2968          (G) fencing;
2969          (H) pipes; or

2970          (I) other equipment used for locating a power line or pole; and
2971          (b) this Subsection (55) does not apply to:
2972          (i) tangible personal property used in construction of:
2973          (A) a new alternative energy electricity production facility; or
2974          (B) the increase in the capacity of an alternative energy electricity production facility;
2975          (ii) contracted services required for construction and routine maintenance activities;
2976     and
2977          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2978     of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
2979     acquired after:
2980          (A) the alternative energy electricity production facility described in Subsection
2981     (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
2982          (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
2983     in Subsection (55)(a)(iii);
2984          (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2985     on or before June 30, 2027, of tangible personal property that:
2986          (i) is leased or purchased for or by a facility that:
2987          (A) is a waste energy production facility;
2988          (B) is located in the state; and
2989          (C) (I) becomes operational on or after July 1, 2004; or
2990          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2991     2004, as a result of the use of the tangible personal property;
2992          (ii) has an economic life of five or more years; and
2993          (iii) is used to make the facility or the increase in capacity of the facility described in
2994     Subsection (56)(a)(i) operational up to the point of interconnection with an existing
2995     transmission grid including:
2996          (A) generating equipment;
2997          (B) a control and monitoring system;

2998          (C) a power line;
2999          (D) substation equipment;
3000          (E) lighting;
3001          (F) fencing;
3002          (G) pipes; or
3003          (H) other equipment used for locating a power line or pole; and
3004          (b) this Subsection (56) does not apply to:
3005          (i) tangible personal property used in construction of:
3006          (A) a new waste energy facility; or
3007          (B) the increase in the capacity of a waste energy facility;
3008          (ii) contracted services required for construction and routine maintenance activities;
3009     and
3010          (iii) unless the tangible personal property is used or acquired for an increase in capacity
3011     described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
3012          (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
3013     described in Subsection (56)(a)(iii); or
3014          (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
3015     in Subsection (56)(a)(iii);
3016          (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
3017     or before June 30, 2027, of tangible personal property that:
3018          (i) is leased or purchased for or by a facility that:
3019          (A) is located in the state;
3020          (B) produces fuel from alternative energy, including:
3021          (I) methanol; or
3022          (II) ethanol; and
3023          (C) (I) becomes operational on or after July 1, 2004; or
3024          (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
3025     a result of the installation of the tangible personal property;

3026          (ii) has an economic life of five or more years; and
3027          (iii) is installed on the facility described in Subsection (57)(a)(i);
3028          (b) this Subsection (57) does not apply to:
3029          (i) tangible personal property used in construction of:
3030          (A) a new facility described in Subsection (57)(a)(i); or
3031          (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
3032          (ii) contracted services required for construction and routine maintenance activities;
3033     and
3034          (iii) unless the tangible personal property is used or acquired for an increase in capacity
3035     described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
3036          (A) the facility described in Subsection (57)(a)(i) is operational; or
3037          (B) the increased capacity described in Subsection (57)(a)(i) is operational;
3038          (58) (a) subject to Subsection (58)(b) or (c), sales of tangible personal property or a
3039     product transferred electronically to a person within this state if that tangible personal property
3040     or product transferred electronically is subsequently shipped outside the state and incorporated
3041     pursuant to contract into and becomes a part of real property located outside of this state;
3042          (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
3043     state or political entity to which the tangible personal property is shipped imposes a sales, use,
3044     gross receipts, or other similar transaction excise tax on the transaction against which the other
3045     state or political entity allows a credit for sales and use taxes imposed by this chapter; and
3046          (c) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
3047     a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
3048     refund:
3049          (i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;
3050          (ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
3051     which the sale is made;
3052          (iii) if the person did not claim the exemption allowed by this Subsection (58) for the
3053     sale prior to filing for the refund;

3054          (iv) for sales and use taxes paid under this chapter on the sale;
3055          (v) in accordance with Section 59-1-1410; and
3056          (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
3057     the person files for the refund on or before June 30, 2011;
3058          (59) purchases:
3059          (a) of one or more of the following items in printed or electronic format:
3060          (i) a list containing information that includes one or more:
3061          (A) names; or
3062          (B) addresses; or
3063          (ii) a database containing information that includes one or more:
3064          (A) names; or
3065          (B) addresses; and
3066          (b) used to send direct mail;
3067          (60) redemptions or repurchases of a product by a person if that product was:
3068          (a) delivered to a pawnbroker as part of a pawn transaction; and
3069          (b) redeemed or repurchased within the time period established in a written agreement
3070     between the person and the pawnbroker for redeeming or repurchasing the product;
3071          (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
3072          (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
3073     and
3074          (ii) has a useful economic life of one or more years; and
3075          (b) the following apply to Subsection (61)(a):
3076          (i) telecommunications enabling or facilitating equipment, machinery, or software;
3077          (ii) telecommunications equipment, machinery, or software required for 911 service;
3078          (iii) telecommunications maintenance or repair equipment, machinery, or software;
3079          (iv) telecommunications switching or routing equipment, machinery, or software; or
3080          (v) telecommunications transmission equipment, machinery, or software;
3081          (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible

3082     personal property or a product transferred electronically that are used in the research and
3083     development of alternative energy technology; and
3084          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3085     commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
3086     purchases of tangible personal property or a product transferred electronically that are used in
3087     the research and development of alternative energy technology;
3088          (63) (a) purchases of tangible personal property or a product transferred electronically
3089     if:
3090          (i) the tangible personal property or product transferred electronically is:
3091          (A) purchased outside of this state;
3092          (B) brought into this state at any time after the purchase described in Subsection
3093     (63)(a)(i)(A); and
3094          (C) used in conducting business in this state; and
3095          (ii) for:
3096          (A) tangible personal property or a product transferred electronically other than the
3097     tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
3098     for a purpose for which the property is designed occurs outside of this state; or
3099          (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
3100     outside of this state and not required to be registered in this state under Section 41-1a-202 or
3101     73-18-9 based on residency;
3102          (b) the exemption provided for in Subsection (63)(a) does not apply to:
3103          (i) a lease or rental of tangible personal property or a product transferred electronically;
3104     or
3105          (ii) a sale of a vehicle exempt under Subsection (33); and
3106          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
3107     purposes of Subsection (63)(a), the commission may by rule define what constitutes the
3108     following:
3109          (i) conducting business in this state if that phrase has the same meaning in this

3110     Subsection (63) as in Subsection (24);
3111          (ii) the first use of tangible personal property or a product transferred electronically if
3112     that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
3113          (iii) a purpose for which tangible personal property or a product transferred
3114     electronically is designed if that phrase has the same meaning in this Subsection (63) as in
3115     Subsection (24);
3116          (64) sales of disposable home medical equipment or supplies if:
3117          (a) a person presents a prescription for the disposable home medical equipment or
3118     supplies;
3119          (b) the disposable home medical equipment or supplies are used exclusively by the
3120     person to whom the prescription described in Subsection (64)(a) is issued; and
3121          (c) the disposable home medical equipment and supplies are listed as eligible for
3122     payment under:
3123          (i) Title XVIII, federal Social Security Act; or
3124          (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
3125          (65) sales:
3126          (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
3127     District Act; or
3128          (b) of tangible personal property to a subcontractor of a public transit district, if the
3129     tangible personal property is:
3130          (i) clearly identified; and
3131          (ii) installed or converted to real property owned by the public transit district;
3132          (66) sales of construction materials:
3133          (a) purchased on or after July 1, 2010;
3134          (b) purchased by, on behalf of, or for the benefit of an international airport:
3135          (i) located within a county of the first class; and
3136          (ii) that has a United States customs office on its premises; and
3137          (c) if the construction materials are:

3138          (i) clearly identified;
3139          (ii) segregated; and
3140          (iii) installed or converted to real property:
3141          (A) owned or operated by the international airport described in Subsection (66)(b); and
3142          (B) located at the international airport described in Subsection (66)(b);
3143          (67) sales of construction materials:
3144          (a) purchased on or after July 1, 2008;
3145          (b) purchased by, on behalf of, or for the benefit of a new airport:
3146          (i) located within a county of the second class; and
3147          (ii) that is owned or operated by a city in which an airline as defined in Section
3148     59-2-102 is headquartered; and
3149          (c) if the construction materials are:
3150          (i) clearly identified;
3151          (ii) segregated; and
3152          (iii) installed or converted to real property:
3153          (A) owned or operated by the new airport described in Subsection (67)(b);
3154          (B) located at the new airport described in Subsection (67)(b); and
3155          (C) as part of the construction of the new airport described in Subsection (67)(b);
3156          (68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
3157          (69) purchases and sales described in Section 63H-4-111;
3158          (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
3159     overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
3160     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
3161     lists a state or country other than this state as the location of registry of the fixed wing turbine
3162     powered aircraft; or
3163          (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
3164     provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
3165     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration

3166     lists a state or country other than this state as the location of registry of the fixed wing turbine
3167     powered aircraft;
3168          (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
3169          (a) to a person admitted to an institution of higher education; and
3170          (b) by a seller, other than a bookstore owned by an institution of higher education, if
3171     51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
3172     textbook for a higher education course;
3173          (72) a license fee or tax a municipality imposes in accordance with Subsection
3174     10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
3175     level of municipal services;
3176          (73) amounts paid or charged for construction materials used in the construction of a
3177     new or expanding life science research and development facility in the state, if the construction
3178     materials are:
3179          (a) clearly identified;
3180          (b) segregated; and
3181          (c) installed or converted to real property;
3182          (74) amounts paid or charged for:
3183          (a) a purchase or lease of machinery and equipment that:
3184          (i) are used in performing qualified research:
3185          (A) as defined in Section 41(d), Internal Revenue Code; and
3186          (B) in the state; and
3187          (ii) have an economic life of three or more years; and
3188          (b) normal operating repair or replacement parts:
3189          (i) for the machinery and equipment described in Subsection (74)(a); and
3190          (ii) that have an economic life of three or more years;
3191          (75) a sale or lease of tangible personal property used in the preparation of prepared
3192     food if:
3193          (a) for a sale:

3194          (i) the ownership of the seller and the ownership of the purchaser are identical; and
3195          (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
3196     tangible personal property prior to making the sale; or
3197          (b) for a lease:
3198          (i) the ownership of the lessor and the ownership of the lessee are identical; and
3199          (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
3200     personal property prior to making the lease;
3201          (76) (a) purchases of machinery or equipment if:
3202          (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
3203     Gambling, and Recreation Industries, of the 2012 North American Industry Classification
3204     System of the federal Executive Office of the President, Office of Management and Budget;
3205          (ii) the machinery or equipment:
3206          (A) has an economic life of three or more years; and
3207          (B) is used by one or more persons who pay admission or user fees described in
3208     Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
3209          (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
3210          (A) amounts paid or charged as admission or user fees described in Subsection
3211     59-12-103(1)(f); and
3212          (B) subject to taxation under this chapter; and
3213          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3214     commission may make rules for verifying that 51% of a purchaser's sales revenue for the
3215     previous calendar quarter is:
3216          (i) amounts paid or charged as admission or user fees described in Subsection
3217     59-12-103(1)(f); and
3218          (ii) subject to taxation under this chapter;
3219          (77) purchases of a short-term lodging consumable by a business that provides
3220     accommodations and services described in Subsection 59-12-103(1)(i);
3221          (78) amounts paid or charged to access a database:

3222          (a) if the primary purpose for accessing the database is to view or retrieve information
3223     from the database; and
3224          (b) not including amounts paid or charged for a:
3225          (i) digital audio work;
3226          (ii) digital audio-visual work; or
3227          (iii) digital book;
3228          (79) amounts paid or charged for a purchase or lease made by an electronic financial
3229     payment service, of:
3230          (a) machinery and equipment that:
3231          (i) are used in the operation of the electronic financial payment service; and
3232          (ii) have an economic life of three or more years; and
3233          (b) normal operating repair or replacement parts that:
3234          (i) are used in the operation of the electronic financial payment service; and
3235          (ii) have an economic life of three or more years;
3236          (80) beginning on April 1, 2013, sales of a fuel cell as defined in Section 54-15-102;
3237          (81) amounts paid or charged for a purchase or lease of tangible personal property or a
3238     product transferred electronically if the tangible personal property or product transferred
3239     electronically:
3240          (a) is stored, used, or consumed in the state; and
3241          (b) is temporarily brought into the state from another state:
3242          (i) during a disaster period as defined in Section 53-2a-1202;
3243          (ii) by an out-of-state business as defined in Section 53-2a-1202;
3244          (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
3245          (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
3246          (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
3247     in Section 39-9-102, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
3248     Recreation Program;
3249          (83) amounts paid or charged for a purchase or lease of molten magnesium;

3250          (84) amounts paid or charged for a purchase or lease made by a qualifying data center
3251     or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
3252     or replacement parts, if the machinery, equipment, or normal operating repair or replacement
3253     parts:
3254          (a) are used in:
3255          (i) the operation of the qualifying data center; or
3256          (ii) the occupant's operations in the qualifying data center; and
3257          (b) have an economic life of one or more years;
3258          (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
3259     vehicle that includes cleaning or washing of the interior of the vehicle;
3260          (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3261     operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
3262     or consumed:
3263          (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
3264     in Section [63M-4-701] 79-6-701 located in the state;
3265          (b) if the machinery, equipment, normal operating repair or replacement parts,
3266     catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
3267          (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
3268     added to gasoline or diesel fuel;
3269          (ii) research and development;
3270          (iii) transporting, storing, or managing raw materials, work in process, finished
3271     products, and waste materials produced from refining gasoline or diesel fuel, or adding
3272     blendstock to gasoline or diesel fuel;
3273          (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
3274     refining; or
3275          (v) preventing, controlling, or reducing pollutants from refining; and
3276          (c) beginning on July 1, 2021, if the person holds a valid refiner tax exemption
3277     certification as defined in Section [63M-4-701] 79-6-701;

3278          (87) amounts paid to or charged by a proprietor for accommodations and services, as
3279     defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
3280     imposed under Section 63H-1-205;
3281          (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3282     operating repair or replacement parts, or materials, except for office equipment or office
3283     supplies, by an establishment, as the commission defines that term in accordance with Title
3284     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3285          (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
3286     American Industry Classification System of the federal Executive Office of the President,
3287     Office of Management and Budget;
3288          (b) is located in this state; and
3289          (c) uses the machinery, equipment, normal operating repair or replacement parts, or
3290     materials in the operation of the establishment; and
3291          (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
3292          Section 32. Section 59-13-201 is amended to read:
3293          59-13-201. Rate -- Tax basis -- Exemptions -- Revenue deposited into the
3294     Transportation Fund -- Restricted account for boating uses -- Refunds -- Reduction of tax
3295     in limited circumstances.
3296          (1) (a) Subject to the provisions of this section and except as provided in Subsection
3297     (1)(e), a tax is imposed at the rate of 16.5% of the statewide average rack price of a gallon of
3298     motor fuel per gallon upon all motor fuel that is sold, used, or received for sale or used in this
3299     state.
3300          (b) (i) Until December 31, 2018, and subject to the requirements under Subsection
3301     (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
3302     be determined by calculating the previous fiscal year statewide average rack price of a gallon of
3303     regular unleaded motor fuel, excluding federal and state excise taxes, for the 12 months ending
3304     on the previous June 30 as published by an oil pricing service.
3305          (ii) Beginning on January 1, 2019, and subject to the requirements under Subsection

3306     (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
3307     be determined by calculating the previous three fiscal years statewide average rack price of a
3308     gallon of regular unleaded motor fuel, excluding federal and state excise taxes, for the 36
3309     months ending on the previous June 30 as published by an oil pricing service.
3310          (c) (i) Subject to the requirement in Subsection (1)(c)(ii), the statewide average rack
3311     price of a gallon of motor fuel determined under Subsection (1)(b) may not be less than $1.78
3312     per gallon.
3313          (ii) Beginning on January 1, 2019, the commission shall, on January 1, annually adjust
3314     the minimum statewide average rack price of a gallon of motor fuel described in Subsection
3315     (1)(c)(i) by taking the minimum statewide average rack price of a gallon of motor fuel for the
3316     previous calendar year and adding an amount equal to the greater of:
3317          (A) an amount calculated by multiplying the minimum statewide average rack price of
3318     a gallon of motor fuel for the previous calendar year by the actual percent change during the
3319     previous fiscal year in the Consumer Price Index; and
3320          (B) 0.
3321          (iii) The statewide average rack price of a gallon of motor fuel determined by the
3322     commission under Subsection (1)(b) may not exceed $2.43 per gallon.
3323          (iv) The minimum statewide average rack price of a gallon of motor fuel described and
3324     adjusted under Subsections (1)(c)(i) and (ii) may not exceed the maximum statewide average
3325     rack price of a gallon of motor fuel under Subsection (1)(c)(iii).
3326          (d) (i) The commission shall annually:
3327          (A) determine the statewide average rack price of a gallon of motor fuel in accordance
3328     with Subsections (1)(b) and (c);
3329          (B) adjust the fuel tax rate imposed under Subsection (1)(a), rounded to the nearest
3330     one-tenth of a cent, based on the determination under Subsection (1)(b);
3331          (C) publish the adjusted fuel tax as a cents per gallon rate; and
3332          (D) post or otherwise make public the adjusted fuel tax rate as determined in
3333     Subsection (1)(d)(i)(B) no later than 60 days prior to the annual effective date under Subsection

3334     (1)(d)(ii).
3335          (ii) The tax rate imposed under this Subsection (1) and adjusted as required under
3336     Subsection (1)(d)(i) shall take effect on January 1 of each year.
3337          (e) In lieu of the tax imposed under Subsection (1)(a) and subject to the provisions of
3338     this section, a tax is imposed at the rate of 3/19 of the rate imposed under Subsection (1)(a),
3339     rounded up to the nearest penny, upon all motor fuels that meet the definition of clean fuel in
3340     Section 59-13-102 and are sold, used, or received for sale or use in this state.
3341          (2) Any increase or decrease in tax rate applies to motor fuel that is imported to the
3342     state or sold at refineries in the state on or after the effective date of the rate change.
3343          (3) (a) No motor fuel tax is imposed upon:
3344          (i) motor fuel that is brought into and sold in this state in original packages as purely
3345     interstate commerce sales;
3346          (ii) motor fuel that is exported from this state if proof of actual exportation on forms
3347     prescribed by the commission is made within 180 days after exportation;
3348          (iii) motor fuel or components of motor fuel that is sold and used in this state and
3349     distilled from coal, oil shale, rock asphalt, bituminous sand, or solid hydrocarbons located in
3350     this state; or
3351          (iv) motor fuel that is sold to the United States government, this state, or the political
3352     subdivisions of this state.
3353          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3354     commission shall make rules governing the procedures for administering the tax exemption
3355     provided under Subsection (3)(a)(iv).
3356          (4) The commission may either collect no tax on motor fuel exported from the state or,
3357     upon application, refund the tax paid.
3358          (5) (a) All revenue received by the commission under this part shall be deposited daily
3359     with the state treasurer and credited to the Transportation Fund.
3360          (b) An appropriation from the Transportation Fund shall be made to the commission to
3361     cover expenses incurred in the administration and enforcement of this part and the collection of

3362     the motor fuel tax.
3363          (6) (a) The commission shall determine what amount of motor fuel tax revenue is
3364     received from the sale or use of motor fuel used in motorboats registered under the provisions
3365     of the State Boating Act, and this amount shall be deposited in a restricted revenue account in
3366     the General Fund of the state.
3367          (b) The funds from this account shall be used for the construction, improvement,
3368     operation, and maintenance of state-owned boating facilities and for the payment of the costs
3369     and expenses of the Division of [Parks and] Recreation in administering and enforcing the
3370     State Boating Act.
3371          (7) (a) The United States government or any of its instrumentalities, this state, or a
3372     political subdivision of this state that has purchased motor fuel from a licensed distributor or
3373     from a retail dealer of motor fuel and has paid the tax on the motor fuel as provided in this
3374     section is entitled to a refund of the tax and may file with the commission for a quarterly
3375     refund.
3376          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3377     commission shall make rules governing the application and refund provided for in Subsection
3378     (7)(a).
3379          (8) (a) The commission shall refund annually into the Off-Highway Vehicle Account in
3380     the General Fund an amount equal to .5% of the motor fuel tax revenues collected under this
3381     section.
3382          (b) This amount shall be used as provided in Section 41-22-19.
3383          (9) (a) Beginning on April 1, 2001, a tax imposed under this section on motor fuel that
3384     is sold, used, or received for sale or use in this state is reduced to the extent provided in
3385     Subsection (9)(b) if:
3386          (i) a tax imposed on the basis of the sale, use, or receipt for sale or use of the motor
3387     fuel is paid to the Navajo Nation;
3388          (ii) the tax described in Subsection (9)(a)(i) is imposed without regard to whether or
3389     not the person required to pay the tax is an enrolled member of the Navajo Nation; and

3390          (iii) the commission and the Navajo Nation execute and maintain an agreement as
3391     provided in this Subsection (9) for the administration of the reduction of tax.
3392          (b) (i) If but for Subsection (9)(a) the motor fuel is subject to a tax imposed by this
3393     section:
3394          (A) the state shall be paid the difference described in Subsection (9)(b)(ii) if that
3395     difference is greater than $0; and
3396          (B) a person may not require the state to provide a refund, a credit, or similar tax relief
3397     if the difference described in Subsection (9)(b)(ii) is less than or equal to $0.
3398          (ii) The difference described in Subsection (9)(b)(i) is equal to the difference between:
3399          (A) the amount of tax imposed on the motor fuel by this section; less
3400          (B) the tax imposed and collected by the Navajo Nation on the motor fuel.
3401          (c) For purposes of Subsections (9)(a) and (b), the tax paid to the Navajo Nation under
3402     a tax imposed by the Navajo Nation on the basis of the sale, use, or receipt for sale or use of
3403     motor fuel does not include any interest or penalties a taxpayer may be required to pay to the
3404     Navajo Nation.
3405          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3406     commission shall make rules governing the procedures for administering the reduction of tax
3407     provided under this Subsection (9).
3408          (e) The agreement required under Subsection (9)(a):
3409          (i) may not:
3410          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
3411          (B) provide a reduction of taxes greater than or different from the reduction described
3412     in this Subsection (9); or
3413          (C) affect the power of the state to establish rates of taxation;
3414          (ii) shall:
3415          (A) be in writing;
3416          (B) be signed by:
3417          (I) the chair of the commission or the chair's designee; and

3418          (II) a person designated by the Navajo Nation that may bind the Navajo Nation;
3419          (C) be conditioned on obtaining any approval required by federal law;
3420          (D) state the effective date of the agreement; and
3421          (E) state any accommodation the Navajo Nation makes related to the construction and
3422     maintenance of state highways and other infrastructure within the Utah portion of the Navajo
3423     Nation; and
3424          (iii) may:
3425          (A) notwithstanding Section 59-1-403, authorize the commission to disclose to the
3426     Navajo Nation information that is:
3427          (I) contained in a document filed with the commission; and
3428          (II) related to the tax imposed under this section;
3429          (B) provide for maintaining records by the commission or the Navajo Nation; or
3430          (C) provide for inspections or audits of distributors, carriers, or retailers located or
3431     doing business within the Utah portion of the Navajo Nation.
3432          (f) (i) If, on or after April 1, 2001, the Navajo Nation changes the tax rate of a tax
3433     imposed on motor fuel, any change in the reduction of taxes under this Subsection (9) as a
3434     result of the change in the tax rate is not effective until the first day of the calendar quarter after
3435     a 60-day period beginning on the date the commission receives notice:
3436          (A) from the Navajo Nation; and
3437          (B) meeting the requirements of Subsection (9)(f)(ii).
3438          (ii) The notice described in Subsection (9)(f)(i) shall state:
3439          (A) that the Navajo Nation has changed or will change the tax rate of a tax imposed on
3440     motor fuel;
3441          (B) the effective date of the rate change of the tax described in Subsection (9)(f)(ii)(A);
3442     and
3443          (C) the new rate of the tax described in Subsection (9)(f)(ii)(A).
3444          (g) If the agreement required by Subsection (9)(a) terminates, a reduction of tax is not
3445     permitted under this Subsection (9) beginning on the first day of the calendar quarter after a

3446     30-day period beginning on the day the agreement terminates.
3447          (h) If there is a conflict between this Subsection (9) and the agreement required by
3448     Subsection (9)(a), this Subsection (9) governs.
3449          Section 33. Section 59-21-2 is amended to read:
3450          59-21-2. Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
3451     Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
3452     from Mineral Lease Account.
3453          (1) (a) There is created a restricted account within the General Fund known as the
3454     "Mineral Bonus Account."
3455          (b) The Mineral Bonus Account consists of federal mineral lease bonus payments
3456     deposited pursuant to Subsection 59-21-1(3).
3457          (c) The Legislature shall make appropriations from the Mineral Bonus Account in
3458     accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.
3459          (d) The state treasurer shall:
3460          (i) invest the money in the Mineral Bonus Account by following the procedures and
3461     requirements of Title 51, Chapter 7, State Money Management Act; and
3462          (ii) deposit all interest or other earnings derived from the account into the Mineral
3463     Bonus Account.
3464          (e) The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
3465     mineral lease bonus payments deposited under Subsection (1)(b) from the previous fiscal year
3466     into the Wildland Fire Suppression Fund created in Section 65A-8-204, up to $2,000,000 but
3467     not to exceed 20% of the amount expended in the previous fiscal year from the Wildland Fire
3468     Suppression Fund.
3469          (2) (a) There is created a restricted account within the General Fund known as the
3470     "Mineral Lease Account."
3471          (b) The Mineral Lease Account consists of federal mineral lease money deposited
3472     pursuant to Subsection 59-21-1(1).
3473          (c) The Legislature shall make appropriations from the Mineral Lease Account as

3474     provided in Subsection 59-21-1(1) and this Subsection (2).
3475          (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), the Legislature shall
3476     annually appropriate 32.5% of all deposits made to the Mineral Lease Account to the
3477     Permanent Community Impact Fund established by Section 35A-8-303.
3478          (ii) For fiscal year 2016-17 only and from the amount required to be deposited under
3479     Subsection (2)(d)(i), the Legislature shall appropriate $26,000,000 of the deposits made to the
3480     Mineral Lease Account to the Impacted Communities Transportation Development Restricted
3481     Account established by Section 72-2-128.
3482          (iii) For fiscal year 2017-18 only and from the amount required to be deposited under
3483     Subsection (2)(d)(i), the Legislature shall appropriate $27,000,000 of the deposits made to the
3484     Mineral Lease Account to the Impacted Communities Transportation Development Restricted
3485     Account established by Section 72-2-128.
3486          (e) The Legislature shall annually appropriate 2.25% of all deposits made to the
3487     Mineral Lease Account to the State Board of Education, to be used for education research and
3488     experimentation in the use of staff and facilities designed to improve the quality of education in
3489     Utah.
3490          (f) The Legislature shall annually appropriate 2.25% of all deposits made to the
3491     Mineral Lease Account to the Utah Geological Survey, to be used for activities carried on by
3492     the survey having as a purpose the development and exploitation of natural resources in the
3493     state.
3494          (g) The Legislature shall annually appropriate 2.25% of all deposits made to the
3495     Mineral Lease Account to the Water Research Laboratory at Utah State University, to be used
3496     for activities carried on by the laboratory having as a purpose the development and exploitation
3497     of water resources in the state.
3498          (h) (i) The Legislature shall annually appropriate to the Division of Finance 40% of all
3499     deposits made to the Mineral Lease Account to be distributed as provided in Subsection
3500     (2)(h)(ii) to:
3501          (A) counties;

3502          (B) special service districts established:
3503          (I) by counties;
3504          (II) under Title 17D, Chapter 1, Special Service District Act; and
3505          (III) for the purpose of constructing, repairing, or maintaining roads; or
3506          (C) special service districts established:
3507          (I) by counties;
3508          (II) under Title 17D, Chapter 1, Special Service District Act; and
3509          (III) for other purposes authorized by statute.
3510          (ii) The Division of Finance shall allocate the funds specified in Subsection (2)(h)(i):
3511          (A) in amounts proportionate to the amount of mineral lease money generated by each
3512     county; and
3513          (B) to a county or special service district established by a county under Title 17D,
3514     Chapter 1, Special Service District Act, as determined by the county legislative body.
3515          (i) (i) The Legislature shall annually appropriate 5% of all deposits made to the
3516     Mineral Lease Account to the Department of Workforce Services to be distributed to:
3517          (A) special service districts established:
3518          (I) by counties;
3519          (II) under Title 17D, Chapter 1, Special Service District Act; and
3520          (III) for the purpose of constructing, repairing, or maintaining roads; or
3521          (B) special service districts established:
3522          (I) by counties;
3523          (II) under Title 17D, Chapter 1, Special Service District Act; and
3524          (III) for other purposes authorized by statute.
3525          (ii) The Department of Workforce Services may distribute the amounts described in
3526     Subsection (2)(i)(i) only to special service districts established under Title 17D, Chapter 1,
3527     Special Service District Act, by counties:
3528          (A) of the third, fourth, fifth, or sixth class;
3529          (B) in which 4.5% or less of the mineral lease money within the state is generated; and

3530          (C) that are significantly socially or economically impacted as provided in Subsection
3531     (2)(i)(iii) by the development of minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec.
3532     181 et seq.
3533          (iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
3534     shall be as a result of:
3535          (A) the transportation within the county of hydrocarbons, including solid hydrocarbons
3536     as defined in Section 59-5-101;
3537          (B) the employment of persons residing within the county in hydrocarbon extraction,
3538     including the extraction of solid hydrocarbons as defined in Section 59-5-101; or
3539          (C) a combination of Subsections (2)(i)(iii)(A) and (B).
3540          (iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
3541     special service districts established by counties under Title 17D, Chapter 1, Special Service
3542     District Act, the Department of Workforce Services shall:
3543          (A) (I) allocate 50% of the appropriations equally among the counties meeting the
3544     requirements of Subsections (2)(i)(ii) and (iii); and
3545          (II) allocate 50% of the appropriations based on the ratio that the population of each
3546     county meeting the requirements of Subsections (2)(i)(ii) and (iii) bears to the total population
3547     of all of the counties meeting the requirements of Subsections (2)(i)(ii) and (iii); and
3548          (B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute the
3549     allocated revenues to special service districts established by the counties under Title 17D,
3550     Chapter 1, Special Service District Act, as determined by the executive director of the
3551     Department of Workforce Services after consulting with the county legislative bodies of the
3552     counties meeting the requirements of Subsections (2)(i)(ii) and (iii).
3553          (v) The executive director of the Department of Workforce Services:
3554          (A) shall determine whether a county meets the requirements of Subsections (2)(i)(ii)
3555     and (iii);
3556          (B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
3557     districts established by counties under Title 17D, Chapter 1, Special Service District Act, that

3558     meet the requirements of Subsections (2)(i)(ii) and (iii); and
3559          (C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3560     may make rules:
3561          (I) providing a procedure for making the distributions under this Subsection (2)(i) to
3562     special service districts; and
3563          (II) defining the term "population" for purposes of Subsection (2)(i)(iv).
3564          (j) (i) The Legislature shall annually make the following appropriations from the
3565     Mineral Lease Account:
3566          (A) an amount equal to 52 cents multiplied by the number of acres of school or
3567     institutional trust lands, lands owned by the Division of State Parks [and] or the Division of
3568     Recreation, and lands owned by the Division of Wildlife Resources that are not under an in lieu
3569     of taxes contract, to each county in which those lands are located;
3570          (B) to each county in which school or institutional trust lands are transferred to the
3571     federal government after December 31, 1992, an amount equal to the number of transferred
3572     acres in the county multiplied by a payment per acre equal to the difference between 52 cents
3573     per acre and the per acre payment made to that county in the most recent payment under the
3574     federal payment in lieu of taxes program, 31 U.S.C. Sec. 6901 et seq., unless the federal
3575     payment was equal to or exceeded the 52 cents per acre, in which case a payment under this
3576     Subsection (2)(j)(i)(B) may not be made for the transferred lands;
3577          (C) to each county in which federal lands, which are entitlement lands under the federal
3578     in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to
3579     the number of transferred acres in the county multiplied by a payment per acre equal to the
3580     difference between the most recent per acre payment made under the federal payment in lieu of
3581     taxes program and 52 cents per acre, unless the federal payment was equal to or less than 52
3582     cents per acre, in which case a payment under this Subsection (2)(j)(i)(C) may not be made for
3583     the transferred land; and
3584          (D) to a county of the fifth or sixth class, an amount equal to the product of:
3585          (I) $1,000; and

3586          (II) the number of residences described in Subsection (2)(j)(iv) that are located within
3587     the county.
3588          (ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
3589     county legislative body, distribute the money or a portion of the money to:
3590          (A) special service districts established by the county under Title 17D, Chapter 1,
3591     Special Service District Act;
3592          (B) school districts; or
3593          (C) public institutions of higher education.
3594          (iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
3595     Division of Finance shall increase or decrease the amounts per acre provided for in Subsections
3596     (2)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban
3597     consumers published by the Department of Labor.
3598          (B) For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance
3599     shall increase or decrease the amount described in Subsection (2)(j)(i)(D)(I) by the average
3600     annual change in the Consumer Price Index for all urban consumers published by the
3601     Department of Labor.
3602          (iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
3603          (A) owned by:
3604          (I) the Division of State Parks [and] or the Division of Recreation; or
3605          (II) the Division of Wildlife Resources;
3606          (B) located on lands that are owned by:
3607          (I) the Division of State Parks [and] or the Division of Recreation; or
3608          (II) the Division of Wildlife Resources; and
3609          (C) are not subject to taxation under:
3610          (I) Chapter 2, Property Tax Act; or
3611          (II) Chapter 4, Privilege Tax.
3612          (k) The Legislature shall annually appropriate to the Permanent Community Impact
3613     Fund all deposits remaining in the Mineral Lease Account after making the appropriations

3614     provided for in Subsections (2)(d) through (j).
3615          (3) (a) Each agency, board, institution of higher education, and political subdivision
3616     receiving money under this chapter shall provide the Legislature, through the Office of the
3617     Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual
3618     basis.
3619          (b) The accounting required under Subsection (3)(a) shall:
3620          (i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
3621     current fiscal year, and planned expenditures for the following fiscal year; and
3622          (ii) be reviewed by the Business, Economic Development, and Labor Appropriations
3623     Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1, Budgetary
3624     Procedures Act.
3625          Section 34. Section 59-28-103 is amended to read:
3626          59-28-103. Imposition -- Rate -- Revenue distribution.
3627          (1) Subject to the other provisions of this chapter, the state shall impose a tax on the
3628     transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
3629          (2) The tax imposed under this chapter is in addition to any other taxes imposed on the
3630     transactions described in Subsection 59-12-103(1)(i).
3631          (3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
3632     revenue the state collects from the tax under this chapter into the Hospitality and Tourism
3633     Management Education Account created in Section 53F-9-501 to fund the Hospitality and
3634     Tourism Management Career and Technical Education Pilot Program created in Section
3635     53E-3-515.
3636          (ii) The commission may not deposit more than $300,000 into the Hospitality and
3637     Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
3638          (b) Except for the amount deposited into the Hospitality and Tourism Management
3639     Education Account under Subsection (3)(a) and the administrative charge retained under
3640     Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the
3641     tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section

3642     [63N-9-205] 79-8-106 to fund the Outdoor Recreational Infrastructure Grant Program created
3643     in Section 63N-9-202 and the Recreation Restoration Infrastructure Grant Program created in
3644     Section [63N-9-302] 79-8-202.
3645          Section 35. Section 63A-4-104 is amended to read:
3646          63A-4-104. Course-of-construction insurance for facilities constructed by This is
3647     the Place Foundation.
3648          The risk manager may provide course-of-construction insurance for facilities
3649     constructed by This is the Place Foundation at This is the Place State Park and bill the Division
3650     of State Parks [and Recreation] for the cost of the insurance.
3651          Section 36. Section 63B-3-301 is amended to read:
3652          63B-3-301. Legislative intent -- Additional projects.
3653          (1) It is the intent of the Legislature that, for any lease purchase agreement that the
3654     Legislature may authorize the Division of Facilities Construction and Management to enter into
3655     during its 1994 Annual General Session, the State Building Ownership Authority, at the
3656     reasonable rates and amounts it may determine, and with technical assistance from the state
3657     treasurer, the director of the Division of Finance, and the executive director of the Governor's
3658     Office of Management and Budget, may seek out the most cost effective and prudent lease
3659     purchase plans available to the state and may, pursuant to Chapter 1, Part 3, State Building
3660     Ownership Authority Act, certificate out interests in, or obligations of the authority pertaining
3661     to:
3662          (a) the lease purchase obligation; or
3663          (b) lease rental payments under the lease purchase obligation.
3664          (2) It is the intent of the Legislature that the Department of Transportation dispose of
3665     surplus real properties and use the proceeds from those properties to acquire or construct
3666     through the Division of Facilities Construction and Management a new District Two Complex.
3667          (3) It is the intent of the Legislature that the State Building Board allocate funds from
3668     the Capital Improvement appropriation and donations to cover costs associated with the
3669     upgrade of the Governor's Residence that go beyond the restoration costs which can be covered

3670     by insurance proceeds.
3671          (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
3672     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
3673     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
3674     participation interests may be created, to provide up to $10,600,000 for the construction of a
3675     Natural Resources Building in Salt Lake City, together with additional amounts necessary to:
3676          (i) pay costs of issuance;
3677          (ii) pay capitalized interest; and
3678          (iii) fund any debt service reserve requirements.
3679          (b) It is the intent of the Legislature that the authority seek out the most cost effective
3680     and prudent lease purchase plan available with technical assistance from the state treasurer, the
3681     director of the Division of Finance, and the executive director of the Governor's Office of
3682     Management and Budget.
3683          (c) It is the intent of the Legislature that the operating budget for the Department of
3684     Natural Resources not be increased to fund these lease payments.
3685          (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
3686     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
3687     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
3688     participation interests may be created, to provide up to $8,300,000 for the acquisition of the
3689     office buildings currently occupied by the Department of Environmental Quality and
3690     approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
3691     City, together with additional amounts necessary to:
3692          (i) pay costs of issuance;
3693          (ii) pay capitalized interest; and
3694          (iii) fund any debt service reserve requirements.
3695          (b) It is the intent of the Legislature that the authority seek out the most cost effective
3696     and prudent lease purchase plan available with technical assistance from the state treasurer, the
3697     director of the Division of Finance, and the executive director of the Governor's Office of

3698     Management and Budget.
3699          (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
3700     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
3701     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
3702     participation interests may be created, to provide up to $9,000,000 for the acquisition or
3703     construction of up to two field offices for the Department of Human Services in the
3704     southwestern portion of Salt Lake County, together with additional amounts necessary to:
3705          (i) pay costs of issuance;
3706          (ii) pay capitalized interest; and
3707          (iii) fund any debt service reserve requirements.
3708          (b) It is the intent of the Legislature that the authority seek out the most cost effective
3709     and prudent lease purchase plan available with technical assistance from the state treasurer, the
3710     director of the Division of Finance, and the executive director of the Governor's Office of
3711     Management and Budget.
3712          (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
3713     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
3714     issue or execute obligations or enter into or arrange for lease purchase agreements in which
3715     participation interests may be created, to provide up to $5,000,000 for the acquisition or
3716     construction of up to 13 stores for the Department of Alcoholic Beverage Control, together
3717     with additional amounts necessary to:
3718          (i) pay costs of issuance;
3719          (ii) pay capitalized interest; and
3720          (iii) fund any debt service reserve requirements.
3721          (b) It is the intent of the Legislature that the authority seek out the most cost effective
3722     and prudent lease purchase plan available with technical assistance from the state treasurer, the
3723     director of the Division of Finance, and the executive director of the Governor's Office of
3724     Management and Budget.
3725          (c) It is the intent of the Legislature that the operating budget for the Department of

3726     Alcoholic Beverage Control not be increased to fund these lease payments.
3727          (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
3728     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
3729     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
3730     participation interests may be created, to provide up to $6,800,000 for the construction of a
3731     Prerelease and Parole Center for the Department of Corrections, containing a minimum of 300
3732     beds, together with additional amounts necessary to:
3733          (i) pay costs of issuance;
3734          (ii) pay capitalized interest; and
3735          (iii) fund any debt service reserve requirements.
3736          (b) It is the intent of the Legislature that the authority seek out the most cost effective
3737     and prudent lease purchase plan available with technical assistance from the state treasurer, the
3738     director of the Division of Finance, and the executive director of the Governor's Office of
3739     Management and Budget.
3740          (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
3741     in Salt Lake City, becomes law, it is the intent of the Legislature that:
3742          (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
3743     for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
3744     the Office of the Legislative Fiscal Analyst, the Governor's Office of Management and Budget,
3745     and the State Building Board participate in a review of the proposed facility design for the
3746     Courts Complex no later than December 1994; and
3747          (b) although this review will not affect the funding authorization issued by the 1994
3748     Legislature, it is expected that Division of Facilities Construction and Management will give
3749     proper attention to concerns raised in these reviews and make appropriate design changes
3750     pursuant to the review.
3751          (10) It is the intent of the Legislature that:
3752          (a) the Division of Facilities Construction and Management, in cooperation with the
3753     Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,

3754     develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
3755     to the Division of Juvenile Justice Services;
3756          (b) the development process use existing prototype proposals unless it can be
3757     quantifiably demonstrated that the proposals cannot be used;
3758          (c) the facility is designed so that with minor modifications, it can accommodate
3759     detention, observation and assessment, transition, and secure programs as needed at specific
3760     geographical locations;
3761          (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
3762     of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
3763     design and construct one facility and design the other;
3764          (ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
3765     Justice Services shall:
3766          (A) determine the location for the facility for which design and construction are fully
3767     funded; and
3768          (B) in conjunction with the Division of Facilities Construction and Management,
3769     determine the best methodology for design and construction of the fully funded facility;
3770          (e) the Division of Facilities Construction and Management submit the prototype as
3771     soon as possible to the Infrastructure and General Government Appropriations Subcommittee
3772     and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
3773     review;
3774          (f) the Division of Facilities Construction and Management issue a Request for
3775     Proposal for one of the facilities, with that facility designed and constructed entirely by the
3776     winning firm;
3777          (g) the other facility be designed and constructed under the existing Division of
3778     Facilities Construction and Management process;
3779          (h) that both facilities follow the program needs and specifications as identified by
3780     Division of Facilities Construction and Management and the Division of Youth Corrections
3781     renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and

3782          (i) the fully funded facility should be ready for occupancy by September 1, 1995.
3783          (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
3784     Park Master Study be used by the Division of Facilities Construction and Management to
3785     develop a master plan for the State Fair Park that:
3786          (a) identifies capital facilities needs, capital improvement needs, building
3787     configuration, and other long term needs and uses of the State Fair Park and its buildings; and
3788          (b) establishes priorities for development, estimated costs, and projected timetables.
3789          (12) It is the intent of the Legislature that:
3790          (a) the Division of Facilities Construction and Management, in cooperation with the
3791     Division of State Parks [and Recreation], formerly known as the Division of Parks and
3792     Recreation, and surrounding counties, develop a master plan and general program for the
3793     phased development of Antelope Island;
3794          (b) the master plan:
3795          (i) establish priorities for development;
3796          (ii) include estimated costs and projected time tables; and
3797          (iii) include recommendations for funding methods and the allocation of
3798     responsibilities between the parties; and
3799          (c) the results of the effort be reported to the Natural Resources, Agriculture, and
3800     Environmental Quality Appropriations Subcommittee and Infrastructure and General
3801     Government Appropriations Subcommittee.
3802          (13) It is the intent of the Legislature to authorize the University of Utah to use:
3803          (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
3804     the supervision of the director of the Division of Facilities Construction and Management
3805     unless supervisory authority is delegated by the director; and
3806          (b) donated and other nonappropriated funds to plan, design, and construct the Biology
3807     Research Building under the supervision of the director of the Division of Facilities
3808     Construction and Management unless supervisory authority is delegated by the director.
3809          (14) It is the intent of the Legislature to authorize Utah State University to use:

3810          (a) federal and other funds to plan, design, and construct the Bee Lab under the
3811     supervision of the director of the Division of Facilities Construction and Management unless
3812     supervisory authority is delegated by the director;
3813          (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
3814     Facility addition and renovation under the supervision of the director of the Division of
3815     Facilities Construction and Management unless supervisory authority is delegated by the
3816     director;
3817          (c) donated and other nonappropriated funds to plan, design, and construct a renovation
3818     to the Nutrition and Food Science Building under the supervision of the director of the
3819     Division of Facilities Construction and Management unless supervisory authority is delegated
3820     by the director; and
3821          (d) federal and private funds to plan, design, and construct the Millville Research
3822     Facility under the supervision of the director of the Division of Facilities Construction and
3823     Management unless supervisory authority is delegated by the director.
3824          (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
3825          (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
3826     Office and Learning Center under the supervision of the director of the Division of Facilities
3827     Construction and Management unless supervisory authority is delegated by the director;
3828          (b) institutional funds to plan, design, and construct the relocation and expansion of a
3829     temporary maintenance compound under the supervision of the director of the Division of
3830     Facilities Construction and Management unless supervisory authority is delegated by the
3831     director; and
3832          (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
3833     supervision of the director of the Division of Facilities Construction and Management unless
3834     supervisory authority is delegated by the director.
3835          (16) It is the intent of the Legislature to authorize Southern Utah University to use:
3836          (a) federal funds to plan, design, and construct a Community Services Building under
3837     the supervision of the director of the Division of Facilities Construction and Management

3838     unless supervisory authority is delegated by the director; and
3839          (b) donated and other nonappropriated funds to plan, design, and construct a stadium
3840     expansion under the supervision of the director of the Division of Facilities Construction and
3841     Management unless supervisory authority is delegated by the director.
3842          (17) It is the intent of the Legislature to authorize the Department of Corrections to use
3843     donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
3844     Facility in Gunnison under the supervision of the director of the Division of Facilities
3845     Construction and Management unless supervisory authority is delegated by the director.
3846          (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
3847     intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
3848     to plan and design an Armory in Provo, Utah, under the supervision of the director of the
3849     Division of Facilities Construction and Management unless supervisory authority is delegated
3850     by the director.
3851          (19) It is the intent of the Legislature that the Utah Department of Transportation use
3852     $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
3853     Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
3854          (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
3855     Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
3856     and purchase equipment for use in that building that could be used in metal trades or other
3857     programs in other Applied Technology Centers.
3858          (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
3859     and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
3860     considered as the highest priority projects for construction funding in fiscal year 1996.
3861          (22) It is the intent of the Legislature that:
3862          (a) the Division of Facilities Construction and Management complete physical space
3863     utilization standards by June 30, 1995, for the use of technology education activities;
3864          (b) these standards are to be developed with and approved by the State Board of
3865     Education, the Board of Regents, and the Utah State Building Board;

3866          (c) these physical standards be used as the basis for:
3867          (i) determining utilization of any technology space based on number of stations capable
3868     and occupied for any given hour of operation; and
3869          (ii) requests for any new space or remodeling;
3870          (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
3871     Ogden-Weber Applied Technology Center are exempt from this process; and
3872          (e) the design of the Davis Applied Technology Center take into account the utilization
3873     formulas established by the Division of Facilities Construction and Management.
3874          (23) It is the intent of the Legislature that Utah Valley State College may use the
3875     money from the bond allocated to the remodel of the Signetics building to relocate its technical
3876     education programs at other designated sites or facilities under the supervision of the director
3877     of the Division of Facilities Construction and Management unless supervisory authority is
3878     delegated by the director.
3879          (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
3880     project for the Bridgerland Applied Technology Center be used to design and construct the
3881     space associated with Utah State University and design the technology center portion of the
3882     project.
3883          (25) It is the intent of the Legislature that the governor provide periodic reports on the
3884     expenditure of the funds provided for electronic technology, equipment, and hardware to the
3885     Infrastructure and General Government Appropriations Subcommittee, and the Legislative
3886     Management Committee.
3887          Section 37. Section 63B-4-301 is amended to read:
3888          63B-4-301. Bonds for golf course at Wasatch Mountain State Park.
3889          (1) The State Building Ownership Authority under authority of Title 63B, Chapter 1,
3890     Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter into
3891     or arrange for a lease purchase agreement in which participation interests may be created, to
3892     provide up to $2,500,000 for a new nine-hole golf course at Wasatch Mountain State Park for
3893     the Division of State Parks [and Recreation], formerly known as the Division of Parks and

3894     Recreation, together with additional amounts necessary to:
3895          (a) pay costs of issuance;
3896          (b) pay capitalized interest; and
3897          (c) fund any debt service reserve requirements.
3898          (2) (a) The State Building Ownership Authority shall work cooperatively with the
3899     Division of State Parks [and Recreation], formerly known as the Division of Parks and
3900     Recreation, to seek out the most cost effective and prudent lease purchase plan available.
3901          (b) The state treasurer, the director of the Division of Finance, and the executive
3902     director of the Governor's Office of Management and Budget shall provide technical assistance
3903     to accomplish the purpose specified in Subsection (2)(a).
3904          Section 38. Section 63B-5-201 is amended to read:
3905          63B-5-201. Legislative intent statements.
3906          (1) If the United States Department of Defense has not provided matching funds to
3907     construct the National Guard Armory in Orem by December 31, 1997, the Division of Facilities
3908     Construction and Management shall transfer any funds received from issuance of a General
3909     Obligation Bond for benefit of the Orem Armory to the Provo Armory for capital
3910     improvements.
3911          (2) It is the intent of the Legislature that the University of Utah use institutional funds
3912     to plan, design, and construct:
3913          (a) the Health Science East parking structure under the supervision of the director of
3914     the Division of Facilities Construction and Management unless supervisory authority is
3915     delegated by the director;
3916          (b) the Health Science Office Building under the supervision of the director of the
3917     Division of Facilities Construction and Management unless supervisory authority is delegated
3918     by the director; and
3919          (c) the new Student Housing/Olympic Athletes Village under the supervision of the
3920     director of the Division of Facilities Construction and Management unless supervisory
3921     authority is delegated by the director.

3922          (3) It is the intent of the Legislature that Utah State University use institutional funds to
3923     plan, design, and construct a multipurpose facility under the supervision of the director of the
3924     Division of Facilities Construction and Management unless supervisory authority is delegated
3925     by the director.
3926          (4) It is the intent of the Legislature that the Utah Geologic Survey use agency internal
3927     funding to plan, design, and construct a sample library facility under the supervision of the
3928     director of the Division of Facilities Construction and Management unless supervisory
3929     authority is delegated by the director.
3930          (5) (a) If legislation introduced in the 1996 General Session to fund the Wasatch State
3931     Park Club House does not pass, the State Building Ownership Authority, under authority of
3932     Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may issue or execute
3933     obligations, or enter into or arrange for a lease purchase agreement in which participation
3934     interests may be created, to provide up to $1,500,000 for the remodel and expansion of the
3935     clubhouse at Wasatch Mountain State Park for the Division of State Parks [and Recreation],
3936     formerly known as the Division of Parks and Recreation, together with additional amounts
3937     necessary to:
3938          (i) pay costs of issuance;
3939          (ii) pay capitalized interest; and
3940          (iii) fund any debt service reserve requirements.
3941          (b) The State Building Ownership Authority shall work cooperatively with the
3942     Division of State Parks [and Recreation], formerly known as the Division of Parks and
3943     Recreation, to seek out the most cost effective and prudent lease purchase plan available.
3944          (6) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
3945     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
3946     into or arrange for a lease purchase agreement in which participation interests may be created,
3947     to provide up to $835,300 for the construction of a liquor store in the Snyderville area, together
3948     with additional amounts necessary to:
3949          (i) pay costs of issuance;

3950          (ii) pay capitalized interest; and
3951          (iii) fund any debt service reserve requirements.
3952          (b) The State Building Ownership Authority shall work cooperatively with the
3953     Department of Alcoholic Beverage Control to seek out the most cost effective and prudent
3954     lease purchase plan available.
3955          (7) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
3956     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
3957     into or arrange for a lease purchase agreement in which participation interests may be created,
3958     to provide up to $15,000,000 for the construction of the Huntsman Cancer Institute, together
3959     with additional amounts necessary to:
3960          (i) pay costs of issuance;
3961          (ii) pay capitalized interest; and
3962          (iii) fund any debt service reserve requirements.
3963          (b) The State Building Ownership Authority shall work cooperatively with the
3964     University of Utah to seek out the most cost effective and prudent lease purchase plan
3965     available.
3966          (c) It is the intent of the Legislature that the University of Utah lease land to the State
3967     Building Ownership Authority for the construction of the Huntsman Cancer Institute facility.
3968          (8) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
3969     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
3970     into or arrange for a lease purchase agreement in which participation interests may be created,
3971     to provide up to $857,600 for the construction of an addition to the Human Services facility in
3972     Vernal, Utah together with additional amounts necessary to:
3973          (i) pay costs of issuance;
3974          (ii) pay capitalized interest; and
3975          (iii) fund any debt service reserve requirements.
3976          (b) The State Building Ownership Authority shall work cooperatively with the
3977     Department of Human Services to seek out the most cost effective and prudent lease purchase

3978     plan available.
3979          (9) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
3980     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
3981     into or arrange for a lease purchase agreement in which participation interests may be created,
3982     to provide up to $3,470,200 for the construction of the Student Services Center, at Utah State
3983     University Eastern, together with additional amounts necessary to:
3984          (i) pay costs of issuance;
3985          (ii) pay capitalized interest; and
3986          (iii) fund any debt service reserve requirements.
3987          (b) The State Building Ownership Authority shall work cooperatively with Utah State
3988     University Eastern to seek out the most cost effective and prudent lease purchase plan
3989     available.
3990          (10) (a) Notwithstanding anything to the contrary in Title 53B, Chapter 21, Revenue
3991     Bonds, which prohibits the issuance of revenue bonds payable from legislative appropriations,
3992     the State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue
3993     bonds or other evidences of indebtedness of Dixie College to borrow money on the credit of
3994     the income and revenues, including legislative appropriations, of Dixie College, to finance the
3995     acquisition of the Dixie Center.
3996          (b) (i) The bonds or other evidences of indebtedness authorized by this section shall be
3997     issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions
3998     and in amounts that the board, by resolution, determines are reasonable and necessary and may
3999     not exceed $6,000,000 together with additional amounts necessary to:
4000          (A) pay cost of issuance;
4001          (B) pay capitalized interest; and
4002          (C) fund any debt service reserve requirements.
4003          (ii) To the extent that future legislative appropriations will be required to provide for
4004     payment of debt service in full, the board shall ensure that the revenue bonds are issued
4005     containing a clause that provides for payment from future legislative appropriations that are

4006     legally available for that purpose.
4007          (11) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
4008     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
4009     into or arrange for a lease purchase agreement in which participation interests may be created,
4010     to provide up to $10,479,000 for the construction of a facility for the Courts - Davis County
4011     Regional Expansion, together with additional amounts necessary to:
4012          (i) pay costs of issuance;
4013          (ii) pay capitalized interest; and
4014          (iii) fund any debt service reserve requirements.
4015          (b) The State Building Ownership Authority shall work cooperatively with the
4016     Administrative Office of the Courts to seek out the most cost effective and prudent lease
4017     purchase plan available.
4018          (12) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
4019     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
4020     into or arrange for a lease purchase agreement in which participation interests may be created,
4021     to provide up to $4,200,000 for the purchase and remodel of the Washington County
4022     Courthouse, together with additional amounts necessary to:
4023          (i) pay costs of issuance;
4024          (ii) pay capitalized interest; and
4025          (iii) fund any debt service reserve requirements.
4026          (b) The State Building Ownership Authority shall work cooperatively with the
4027     Administrative Office of the Courts to seek out the most cost effective and prudent lease
4028     purchase plan available.
4029          (13) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
4030     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
4031     into or arrange for a lease purchase agreement in which participation interests may be created,
4032     to provide up to $14,299,700 for the construction of a facility for the State Library and the
4033     Division of Services for the Blind and Visually Impaired, together with additional amounts

4034     necessary to:
4035          (i) pay costs of issuance;
4036          (ii) pay capitalized interest; and
4037          (iii) fund any debt service reserve requirements.
4038          (b) The State Building Ownership Authority shall work cooperatively with the State
4039     Board of Education and the Governor's Office of Economic Development to seek out the most
4040     cost effective and prudent lease purchase plan available.
4041          Section 39. Section 63B-6-501 is amended to read:
4042          63B-6-501. Revenue bond authorizations.
4043          (1) (a) It is the intent of the Legislature that:
4044          (i) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
4045     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
4046     money on the credit and income and revenues of the University of Utah, other than
4047     appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
4048     a renovation and expansion of the Robert L. Rice Stadium; and
4049          (ii) Olympic funds, University funds, and activity revenues be used as the primary
4050     revenue sources for repayment of any obligation created under the authority of this Subsection
4051     (1).
4052          (b) The bonds or other evidences of indebtedness authorized may provide up to
4053     $50,000,000 together with other amounts necessary to pay costs of issuance, pay capitalized
4054     interest, and fund any debt service reserve requirements.
4055          (2) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
4056     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations or enter
4057     into or arrange for a lease purchase agreement in which participation interests may be created
4058     to provide up to $350,000 for the remodeling and completion of the Wasatch Mountain State
4059     Park Clubhouse for the Division of State Parks [and Recreation], formerly known as the
4060     Division of Parks and Recreation, together with additional amounts necessary to pay costs of
4061     issuance, pay capitalized interest, and fund any debt service reserve requirements.

4062          (b) The State Building Ownership Authority shall work cooperatively with the
4063     Division of State Parks [and Recreation], formerly known as the division of Parks and
4064     Recreation, to seek out the most cost effective and prudent lease purchase plan available.
4065          (c) It is the intent of the Legislature that park revenues be used as the primary revenue
4066     sources for repayment of any obligation created under authority of this Subsection (2).
4067          (3) It is the intent of the Legislature that:
4068          (a) the State Building Ownership Authority, under the authority of Title 63B, Chapter
4069     1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
4070     into or arrange for a lease purchase agreement in which participation interests may be created,
4071     to provide up to $6,000,000 for the construction, or acquisition, or both, of liquor stores,
4072     together with additional amounts necessary to pay costs of issuance, pay capitalized interest,
4073     and fund any debt service requirements; and
4074          (b) liquor control funds be used as the primary revenue source for the repayment of any
4075     obligation created under authority of this Subsection (3).
4076          Section 40. Section 63B-6-502 is amended to read:
4077          63B-6-502. Other capital facility authorizations and intent language.
4078          (1) It is the intent of the Legislature that the University of Utah use institutional funds
4079     to plan, design, and construct:
4080          (a) the Health Science Lab Building under the supervision of the director of the
4081     Division of Facilities Construction and Management unless supervisory authority is delegated
4082     by the director; and
4083          (b) the gymnastics facility under the supervision of the director of the Division of
4084     Facilities Construction and Management unless supervisory authority is delegated by the
4085     director.
4086          (2) It is the intent of the Legislature that Southern Utah University use institutional
4087     funds to plan, design, and construct a science center addition under the supervision of the
4088     director of the Division of Facilities Construction and Management unless supervisory
4089     authority is delegated by the director.

4090          (3) It is the intent of the Legislature that Utah Valley State College use institutional
4091     funds to plan, design, and construct a student center addition under the supervision of the
4092     director of the Division of Facilities Construction and Management unless supervisory
4093     authority is delegated by the director.
4094          (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
4095     Management lease property at the Draper Prison to an entity for the purpose of constructing
4096     recycling and transfer facilities to employ inmates if the following conditions are satisfactorily
4097     met:
4098          (i) the entity assures continuous employment of state inmates;
4099          (ii) the lease with the entity provides an appropriate return to the state;
4100          (iii) the lease has an initial term of not to exceed 20 years;
4101          (iv) the lease protects the state from all liability;
4102          (v) the entity guarantees that no adverse environmental impact will occur;
4103          (vi) the state retains the right to:
4104          (A) monitor the types of wastes that are processed; and
4105          (B) prohibit the processing of types of wastes that are considered to be a risk to the
4106     state or surrounding property uses;
4107          (vii) the lease provides for adequate security arrangements;
4108          (viii) the entity assumes responsibility for any taxes or fees associated with the facility;
4109     and
4110          (ix) the entity assumes responsibility for bringing utilities to the site and any state
4111     expenditures for roads, etc. are considered in establishing the return to the state.
4112          (b) Except as provided in Subsections (4)(c) and (d), the facility may be constructed
4113     without direct supervision by the Division of Facilities Construction and Management.
4114          (c) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
4115     Management shall:
4116          (i) review the design, plans, and specifications of the project; and
4117          (ii) approve them if they are appropriate.

4118          (d) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
4119     Management may:
4120          (i) require that the project be submitted to the local building official for plan review
4121     and inspection; and
4122          (ii) inspect the project.
4123          (5) It is the intent of the Legislature that:
4124          (a) the $221,497.86 authorized for the Capitol Hill Day Care Center in Subsection (4)
4125     of Laws of Utah 1992, Chapter 304, Section 56, be used for general capital improvements; and
4126          (b) the Building Board should, in allocating the $221,497.86, if appropriate under the
4127     Board's normal allocation and prioritization process, give preference to projects for the
4128     Division of State Parks [and Recreation], formerly known as the Division of Parks and
4129     Recreation.
4130          Section 41. Section 63B-7-102 is amended to read:
4131          63B-7-102. Maximum amount -- Projects authorized.
4132          (1) The total amount of bonds issued under this part may not exceed $33,600,000.
4133          (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
4134     funds to pay all or part of the cost of acquiring and constructing the projects listed in this
4135     Subsection (2).
4136          (b) These costs may include the cost of acquiring land, interests in land, easements and
4137     rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
4138     and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
4139     convenient to the facilities, interest estimated to accrue on these bonds during the period to be
4140     covered by construction of the projects plus a period of six months after the end of the
4141     construction period, and all related engineering, architectural, and legal fees.
4142          (c) For the division, proceeds shall be provided for the following:

4143     

PROJECT
DESCRIPTION


AMOUNT
FUNDED
ESTIMATED
OPERATIONS
AND
MAINTENANCE
4144      Southern Utah University Land Purchase$4,600,000$0
4145      Salt Lake Community College High Tech Center
- Jordan Campus
$3,980,700$507,900
4146      Children's Special Health Care Needs Clinic$755,400$247,600
4147      Youth Corrections - 2 @ 32 beds
(Vernal / Logan)
$419,500$276,000
4148      Corrections - Gunnison 288 bed and Lagoon
Expansion
$8,425,600$0
4149      University of Utah - Cowles Building$445,500$101,700
4150      Utah Valley State College - Technical Building$1,166,300$391,000
4151      Sevier Valley Applied Technology Center - Shop
Expansion
$3,014,300$443,300
4152      Division of State Parks [and Recreation],
formerly known as the Division of Parks and

Recreation,
Statewide Restrooms
$1,000,000$22,700
4153      Murray Highway Patrol Office$2,300,000$81,000
4154      Department of Workforce Services - Davis
County Employment Center
$2,780,000$128,100
4155      State Hospital - Rampton II$1,600,000$462,000
4156      Courts - 4th District Land - Provo$1,368,000$0
4157      Dixie College - Land$1,000,000$0
4158      TOTAL CAPITAL AND ECONOMIC
DEVELOPMENT
$32,855,300
4159          (d) For purposes of this section, operations and maintenance costs:
4160          (i) are estimates only;
4161          (ii) may include any operations and maintenance costs already funded in existing
4162     agency budgets; and
4163          (iii) are not commitments by this Legislature or future Legislatures to fund those
4164     operations and maintenance costs.
4165          (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
4166     constitute a limitation on the amount that may be expended for any project.
4167          (b) The board may revise these estimates and redistribute the amount estimated for a
4168     project among the projects authorized.
4169          (c) The commission, by resolution and in consultation with the board, may delete one
4170     or more projects from this list if the inclusion of that project or those projects in the list could
4171     be construed to violate state law or federal law or regulation.
4172          (4) (a) The division may enter into agreements related to these projects before the
4173     receipt of proceeds of bonds issued under this chapter.
4174          (b) The division shall make those expenditures from unexpended and unencumbered
4175     building funds already appropriated to the Capital Projects Fund.
4176          (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
4177     of bonds issued under this chapter.
4178          (d) The commission may, by resolution, make any statement of intent relating to that
4179     reimbursement that is necessary or desirable to comply with federal tax law.
4180          (5) (a) For those projects for which only partial funding is provided in Subsection (2),
4181     it is the intent of the Legislature that the balance necessary to complete the projects be
4182     addressed by future Legislatures, either through appropriations or through the issuance or sale
4183     of bonds.
4184          (b) For those phased projects, the division may enter into contracts for amounts not to

4185     exceed the anticipated full project funding but may not allow work to be performed on those
4186     contracts in excess of the funding already authorized by the Legislature.
4187          (c) Those contracts shall contain a provision for termination of the contract for the
4188     convenience of the state.
4189          (d) It is also the intent of the Legislature that this authorization to the division does not
4190     bind future Legislatures to fund projects initiated from this authorization.
4191          Section 42. Section 63B-10-302 is amended to read:
4192          63B-10-302. Other revenue bond authorizations.
4193          (1) It is the intent of the Legislature that the State Building Ownership Authority, under
4194     the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may
4195     issue or execute obligations to provide up to $12,000,000 for the construction of a 36-hole golf
4196     course at Soldier Hollow in the Wasatch Mountain State Park, including necessary facilities
4197     such as a clubhouse, restroom facilities, and maintenance facilities, together with additional
4198     amounts necessary to:
4199          (a) pay costs of issuance;
4200          (b) pay capitalized interest; and
4201          (c) fund any debt service reserve requirements.
4202          (2) The State Building Ownership Authority shall work cooperatively with the
4203     Division of State Parks [and Recreation], formerly known as the Division of Parks and
4204     Recreation, in the design and construction of the golf course at Soldier Hollow.
4205          Section 43. Section 63C-21-201 is amended to read:
4206          63C-21-201. Outdoor Adventure Commission created.
4207          (1) There is created the Outdoor Adventure Commission consisting of the following
4208     [14] 15 members:
4209          (a) one member of the Senate, appointed by the president of the Senate;
4210          (b) one member of the House of Representatives, appointed by the speaker of the
4211     House of Representatives;
4212          (c) the director of the Utah Office of Outdoor Recreation, or the director's designee;

4213          (d) the managing director of the Utah Office of Tourism, or the managing director's
4214     designee;
4215          (e) the director of the Division of [Parks and] Recreation, or the director's designee;
4216          (f) the director of the School and Institutional Trust Lands Administration, or the
4217     director's designee;
4218          (g) the coordinator of the Off-Highway Vehicle and Recreational Trails Program
4219     within the Division of [Parks and] Recreation;
4220          (h) a representative of the agriculture industry appointed jointly by the president of the
4221     Senate and the speaker of the House of Representatives;
4222          (i) a representative of the natural resources development industry appointed jointly by
4223     the president of the Senate and the speaker of the House of Representatives;
4224          (j) one representative of the Utah League of Cities and Towns appointed by the Utah
4225     League of Cities and Towns;
4226          (k) one representative of the Utah Association of Counties appointed by the Utah
4227     Association of Counties;
4228          (l) one individual appointed jointly by the Utah League of Cities and Towns and the
4229     Utah Association of Counties;
4230          (m) a representative of conservation interests appointed jointly by the president of the
4231     Senate and the speaker of the House of Representatives; [and]
4232          (n) a representative of the outdoor recreation industry appointed jointly by the president
4233     of the Senate and the speaker of the House of Representatives[.]; and
4234          [(2) (a) The senator appointed under Subsection (1)(a) is a cochair of the commission.]
4235          [(b) The representative appointed under Subsection (1)(b) is a cochair of the
4236     commission.]
4237          (o) the coordinator of the boating program within the Division of Recreation.
4238          (2) The commission shall annually select one of its members to be the chair of the
4239     commission.
4240          (3) (a) If a vacancy occurs in the membership of the commission appointed under

4241     Subsection (1)(a) or (b), or Subsections (1)(h) through (n), the member shall be replaced in the
4242     same manner in which the original appointment was made.
4243          (b) A member appointed under Subsections (1)(h) through (n) [serves] shall serve a
4244     term of four years and until the member's successor is appointed and qualified.
4245          (c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
4246     under Subsections (1)(h) through (n), the division shall, at the time of appointment or
4247     reappointment, adjust the length of terms to ensure that the terms of commission members are
4248     staggered so that approximately half of the commission members appointed under Subsections
4249     (1)(h) through (n) are appointed every two years.
4250          (d) An individual may be appointed to more than one term.
4251          (4) (a) Eight commission members constitutes a quorum.
4252          (b) The action of a majority of a quorum constitutes an action of the commission.
4253          (5) (a) The salary and expenses of a commission member who is a legislator shall be
4254     paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
4255     Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
4256     Compensation.
4257          (b) A commission member who is not a legislator may not receive compensation or
4258     benefits for the member's service on the commission, but may receive per diem and
4259     reimbursement for travel expenses incurred as a commission member at the rates established by
4260     the Division of Finance under:
4261          (i) Sections 63A-3-106 and 63A-3-107; and
4262          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4263     63A-3-107.
4264          (6) The Department of Transportation shall serve as a technical advisor to the
4265     commission.
4266          (7) The [Office of Legislative Research and General Counsel and the Office of the
4267     Legislative Fiscal Analyst] Division of Recreation, created in Section 79-7-201, shall provide
4268     staff support to the commission.

4269          Section 44. Section 63C-21-202 is amended to read:
4270          63C-21-202. Strategic plan -- Commission powers and duties -- Consultant --
4271     Reports.
4272          (1) (a) The commission shall gather information on recreation assets from state and
4273     local agencies and other sources and develop a strategic plan aimed at meeting the future needs
4274     of outdoor recreation within the state [in order] to enhance the quality of life of Utah residents.
4275     Asset lists received from state and local agencies shall include:
4276          (i) common data points, to be established by the Office of Outdoor Recreation that can
4277     be uniformly compared with other recreation assets within the state, such as asset type, size,
4278     unique characteristics, vegetation, land ownership, and similar items;
4279          (ii) any specific needs, challenges, or limitations on recreation use of the assets; and
4280          (iii) a ranking of potential enhancements to the assets related to recreation use.
4281          (b) The strategic plan shall address:
4282          (i) outdoor recreation as a major contributor to residents' quality of life;
4283          (ii) the needs and impacts of residents who engage in outdoor recreation;
4284          (iii) the impact on local communities related to outdoor recreation, including the costs
4285     associated with emergency services and infrastructure;
4286          (iv) outdoor recreation as a means to retain and attract an exceptional workforce to
4287     provide for a sustainable economy;
4288          (v) impacts to the environment, wildlife, and natural resources and measures to
4289     preserve the natural beauty of the state as more people engage in outdoor recreation;
4290          (vi) identify opportunities for sustainable revenue sources to provide for maintenance
4291     and future needs;
4292          (vii) the interface with public lands that are federally managed and private lands; and
4293          (viii) other items determined by the commission.
4294          (2) The commission shall:
4295          (a) engage one or more consultants to:
4296          (i) manage the strategic planning process in accordance with Subsection (3); and

4297          (ii) conduct analytical work in accordance with Subsection (3);
4298          (b) guide the analytical work of a consultant described in Subsection (2)(a) and review
4299     the results of the work;
4300          (c) coordinate with a consultant described in Subsection (2)(a) to engage in a process
4301     and create a strategic plan;
4302          (d) conduct regional meetings to gather stakeholder input during the strategic planning
4303     process;
4304          (e) seek input from federal entities including the United States Department of the
4305     Interior, the United States Department of Agriculture, and Utah's congressional delegation; and
4306          (f) produce a final report including a strategic plan and any recommendations.
4307          (3) The commission, by contract with a consultant engaged under Subsection (2)(a),
4308     shall direct the consultant to:
4309          (a) conduct an inventory of existing outdoor recreation resources, programs, and
4310     information;
4311          (b) conduct an analysis of what is needed to develop and implement an effective
4312     outdoor recreation strategy aimed at enhancing the quality of life of Utah residents;
4313          (c) collect and analyze data related to the future projected conditions of the outdoor
4314     recreation resources, programs, and information, including the affordability and financing of
4315     outdoor recreation;
4316          (d) develop alternatives to the projection described in Subsection (3)(c) by modeling
4317     potential changes to the outdoor recreation industry and economic growth;
4318          (e) in coordination with the commission, engage in extensive local stakeholder
4319     involvement to better understand the needs of, concerns of, and opportunities for different
4320     communities and outdoor recreation user types;
4321          (f) recommend accountability or performance measures to assess the effectiveness of
4322     the outdoor recreation system;
4323          (g) based on the data described in this Subsection (3), make comparisons between
4324     outdoor recreation in Utah and outdoor recreation in other states or countries;

4325          (h) in coordination with the commission, conduct the regional meetings described in
4326     Subsection (2)(d) to share information and seek input from a range of stakeholders;
4327          (i) recommend changes to the governance system for outdoor recreation that would
4328     facilitate implementation of the strategic plan;
4329          (j) engage in any other data collection or analysis requested by the commission; and
4330          (k) produce for the commission:
4331          (i) a draft report of findings, observations, and strategic priorities, including:
4332          (A) a statewide vision and strategy for outdoor recreation;
4333          (B) a strategy for how to meaningfully engage stakeholders throughout the state;
4334          (C) funding needs related to outdoor recreation; and
4335          (D) recommendations for the steps the state should take to implement a statewide
4336     vision and strategy for outdoor recreation; and
4337          (ii) a final report, incorporating feedback from the commission on the draft report
4338     described in Subsection (3)(k)(i), regarding the future of the outdoor recreation in the state.
4339          (4) The commission shall consult with the Division of Recreation as provided by
4340     statute.
4341          Section 45. Section 63H-2-102 is amended to read:
4342          63H-2-102. Definitions.
4343          As used in this chapter:
4344          (1) "Agency" is as defined in Section 17C-1-102.
4345          (2) "Assessment area" is as defined in Section 11-42-102.
4346          (3) "Assessment bonds" is as defined in Section 11-42-102.
4347          (4) "Authority" means the Utah Energy Infrastructure Authority created in Section
4348     63H-2-201.
4349          (5) "Authority bond" means a bond issued by the authority in accordance with Part 4,
4350     Bonding.
4351          (6) "Board" means the board created under Section 63H-2-202.
4352          (7) "Community" means the county, city, or town in which is located a qualifying

4353     energy delivery project financed by an authority bond.
4354          (8) "Electric interlocal entity" has the same meaning as defined in Section 11-13-103.
4355          (9) "Energy advisor" means the [governor's] energy advisor appointed under Section
4356     [63M-4-201] 79-6-201.
4357          (10) "Energy delivery project" means a project that is designed to:
4358          (a) increase the capacity for the delivery of energy to a user of energy inside or outside
4359     the state; or
4360          (b) increase the capability of an existing energy delivery system or related facility to
4361     deliver energy to a user of energy inside or outside the state.
4362          (11) "Independent state agency" is as defined in Section 63E-1-102.
4363          (12) "Project area" is as defined in Section 17C-1-102.
4364          (13) "Public entity" means:
4365          (a) the United States or an agency of the United States;
4366          (b) the state or an agency of the state;
4367          (c) a political subdivision of the state or an agency of a political subdivision of the
4368     state;
4369          (d) another state or an agency of that state; or
4370          (e) a political subdivision of another state or an agency of that political subdivision.
4371          (14) "Qualifying energy delivery project" means a project approved by the board in
4372     accordance with Part 3, Qualifying Energy Delivery Projects.
4373          (15) "Record" means information that is:
4374          (a) inscribed on a tangible medium; or
4375          (b) (i) stored in an electronic or other medium; and
4376          (ii) retrievable in perceivable form.
4377          (16) "Tax increment bond" is as defined in Section 11-27-2.
4378          Section 46. Section 63H-2-202 is amended to read:
4379          63H-2-202. Authority board.
4380          (1) There is created the Utah Energy Infrastructure Authority Board that consists of

4381     nine members[, appointed by the governor] as follows:
4382          (a) members appointed by the governor:
4383          (i) the energy advisor or the [executive] director of the Office of Energy Development,
4384     who shall serve as chair of the board;
4385          [(b)] (ii) one member from the Governor's Office of Economic Development;
4386          [(c)] (iii) one member from a public utility or electric interlocal entity that operates
4387     electric transmission facilities within the state;
4388          [(d)] (iv) two members representing the economic development interests of rural
4389     communities as follows:
4390          [(i)] (A) one member currently serving as county commissioner of a county of the
4391     third, fourth, fifth, or sixth class, as described in Section 17-50-501; and
4392          [(ii)] (B) one member of a rural community with work experience in the energy
4393     industry;
4394          [(e)] (v) two members of the general public with relevant industry or community
4395     experience; and
4396          [(f) the director of the School and Institutional Trust Lands Administration created in
4397     Section 53C-1-201; and]
4398          [(g)] (vi) one member of the general public who has experience with public finance and
4399     bonding[.]; and
4400          (b) the director of the School and Institutional Trust Lands Administration created in
4401     Section 53C-1-201.
4402          (2) (a) The term of [a] an appointed board member is four years.
4403          (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
4404     or reappointment, adjust the length of terms to ensure that the terms of board members are
4405     staggered so that approximately half of the board is appointed every two years.
4406          (c) The governor may remove a member of the board for cause.
4407          (d) The governor shall fill a vacancy in the board in the same manner under this section
4408     as the appointment of the member whose vacancy is being filled.

4409          (e) An individual appointed to fill a vacancy shall serve the remaining unexpired term
4410     of the member whose vacancy the individual is filling.
4411          (f) A board member shall serve until a successor is appointed and qualified.
4412          (3) (a) Five members of the board constitute a quorum for conducting board business.
4413          (b) A majority vote of the quorum present is required for an action to be taken by the
4414     board.
4415          (4) (a) Except as provided in Subsections (4)(b) and (4)(c), the board shall meet once
4416     each month, on a day determined by the board, to review an application referred to the board by
4417     the Office of Energy Development under [Title 63M, Chapter 4] Title 79, Chapter 6, Part 6,
4418     High Cost Infrastructure Development Tax Credit Act.
4419          (b) Subject to Subsection (4)(c), the board may cancel the board's meeting for a given
4420     month if there are no applications described in Subsection (4)(a) pending board approval.
4421          (c) The board shall meet no less frequently than once each quarter, on a day determined
4422     by the board.
4423          (5) A member may not receive compensation or benefits for the member's service, but
4424     may receive per diem and travel expenses in accordance with:
4425          (a) Section 63A-3-106;
4426          (b) Section 63A-3-107; and
4427          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4428     63A-3-107.
4429          Section 47. Section 63H-4-102 is amended to read:
4430          63H-4-102. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
4431     expenses.
4432          (1) There is created an independent state agency and a body politic and corporate
4433     known as the "Heber Valley Historic Railroad Authority."
4434          (2) The authority is composed of eight members as follows:
4435          (a) one member of the county legislative body of Wasatch County;
4436          (b) the mayor of Heber City;

4437          (c) the mayor of Midway;
4438          (d) the executive director of the Department of Transportation or the executive
4439     director's designee;
4440          (e) the [executive] director of the Division of State Parks [and Recreation], or the
4441     [executive] director's designee; and
4442          (f) three public members appointed by the governor with the advice and consent of the
4443     Senate, being private citizens of the state, as follows:
4444          (i) two people representing the tourism industry, one each from Wasatch and Utah
4445     counties; and
4446          (ii) one person representing the public at large.
4447          (3) All members shall be residents of the state.
4448          (4) (a) Except as required by Subsection (4)(b), the three public members are appointed
4449     for four-year terms beginning July 1, 2010.
4450          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
4451     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4452     authority members are staggered so that approximately half of the authority is appointed every
4453     two years.
4454          (5) Any of the three public members may be removed from office by the governor or
4455     for cause by an affirmative vote of any four members of the authority.
4456          (6) When a vacancy occurs in the membership for any reason, the replacement is
4457     appointed for the unexpired term by the governor with advice and consent of the Senate for the
4458     unexpired term.
4459          (7) Each public member shall hold office for the term of appointment and until a
4460     successor has been appointed and qualified.
4461          (8) A public member is eligible for reappointment, but may not serve more than two
4462     full consecutive terms.
4463          (9) The governor shall appoint the chair of the authority from among its members.
4464          (10) The members shall elect from among their number a vice chair and other officers

4465     they may determine.
4466          (11) The powers of the authority are vested in its members.
4467          (12) (a) Four members constitute a quorum for transaction of authority business.
4468          (b) An affirmative vote of at least four members is necessary for any action taken by
4469     the authority.
4470          (13) A member may not receive compensation or benefits for the member's service, but
4471     may receive per diem and travel expenses in accordance with:
4472          (a) Section 63A-3-106;
4473          (b) Section 63A-3-107; and
4474          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4475     63A-3-107.
4476          Section 48. Section 63H-4-110 is amended to read:
4477          63H-4-110. Lease of rails from Department of Transportation and Division of
4478     State Parks.
4479          The Department of Transportation and the Division of State Parks [and Recreation]
4480     shall jointly lease the rails, bed, right-of-way, and related property for not more than $1 per
4481     year to the authority.
4482          Section 49. Section 63H-5-110 is amended to read:
4483          63H-5-110. Lease of rails or equipment from Department of Transportation and
4484     Division of State Parks.
4485          The Department of Transportation and the Division of State Parks [and Recreation]
4486     may jointly lease the rails, bed, right-of-way, and related property for the operation of a scenic
4487     and historic railroad in and around Weber and Box Elder Counties, for not more than $1 per
4488     year to the authority.
4489          Section 50. Section 63I-1-263 is amended to read:
4490          63I-1-263. Repeal dates, Titles 63A to 63N.
4491          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
4492          (a) Subsection 63A-1-201(1) is repealed;

4493          (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
4494     is repealed;
4495          (c) Section 63A-1-203 is repealed;
4496          (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
4497     and" is repealed; and
4498          (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
4499     Subsection 63A-1-203(3)(c)" is repealed.
4500          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
4501     improvement funding, is repealed July 1, 2024.
4502          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
4503     2023.
4504          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
4505     Committee, are repealed July 1, 2023.
4506          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
4507     1, 2028.
4508          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
4509     2025.
4510          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
4511     2024.
4512          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
4513     repealed July 1, 2021.
4514          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
4515     July 1, 2023.
4516          [(10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1,
4517     2025.]
4518          [(11)] (10) Title 63F, Chapter 2, Data Security Management Council, is repealed July
4519     1, 2025.
4520          [(12)] (11) Section 63G-6a-805, which creates the Purchasing from Persons with

4521     Disabilities Advisory Board, is repealed July 1, 2026.
4522          [(13)] (12) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
4523     July 1, 2025.
4524          [(14)] (13) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
4525     July 1, 2024.
4526          [(15)] (14) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
4527     2026.
4528          [(16)] (15) Subsection 63J-1-602.1[(14)](15), Nurse Home Visiting Restricted Account
4529     is repealed July 1, 2026.
4530          [(17)] (16) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio
4531     System Restricted Account, is repealed July 1, 2022.
4532          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
4533     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
4534     necessary changes to subsection numbering and cross references.
4535          [(18)] (17) Subsection 63J-1-602.2[(4)](5), referring to dedicated credits to the Utah
4536     Marriage Commission, is repealed July 1, 2023.
4537          [(19)] (18) Subsection 63J-1-602.2[(5)](6), referring to the Trip Reduction Program, is
4538     repealed July 1, 2022.
4539          [(20)] (19) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety
4540     Commission, is repealed January 1, 2025.
4541          [(21)] (20) Title 63J, Chapter 4, Part 5, Resource Development Coordinating
4542     Committee, is repealed July 1, 2027.
4543          [(22)] (21) Subsection 63J-4-608(3), which creates the Federal Land Application
4544     Advisory Committee, is repealed on July 1, 2021.
4545          [(23)] (22) In relation to the Utah Substance Use and Mental Health Advisory Council,
4546     on January 1, 2023:
4547          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
4548     repealed;

4549          (b) Section 63M-7-305, the language that states "council" is replaced with
4550     "commission";
4551          (c) Subsection 63M-7-305(1) is repealed and replaced with:
4552          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
4553          (d) Subsection 63M-7-305(2) is repealed and replaced with:
4554          "(2) The commission shall:
4555          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
4556     Drug-Related Offenses Reform Act; and
4557          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
4558     Subsections 77-18-1(5)(b)(iii) and (iv).".
4559          [(24)] (23) The Crime Victim Reparations and Assistance Board, created in Section
4560     63M-7-504, is repealed July 1, 2027.
4561          [(25)] (24) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
4562     July 1, 2022.
4563          [(26)] (25) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
4564     2021.
4565          [(27)] (26) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is
4566     repealed January 1, 2023.
4567          [(28)] (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development
4568     Coordinating Council, is repealed July 1, 2024.
4569          [(29)] (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
4570          [(30)] (29) Section 63N-2-512 is repealed July 1, 2021.
4571          [(31)] (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
4572     January 1, 2021.
4573          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
4574     calendar years beginning on or after January 1, 2021.
4575          (c) Notwithstanding Subsection [(31)] (30)(b), an entity may carry forward a tax credit
4576     in accordance with Section 59-9-107 if:

4577          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
4578     31, 2020; and
4579          (ii) the qualified equity investment that is the basis of the tax credit is certified under
4580     Section 63N-2-603 on or before December 31, 2023.
4581          [(32)] (31) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
4582     2023.
4583          [(33)] (32) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
4584     repealed July 1, 2023.
4585          [(34)] (33) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
4586     July 1, 2025.
4587          [(35)] (34) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
4588     Program, is repealed January 1, 2023.
4589          [(36)] (35) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
4590     January 1, 2023.
4591          Section 51. Section 63I-1-279 is amended to read:
4592          63I-1-279. Repeal dates, Title 79.
4593          (1) Subsection 79-2-201(2)[(n)](r), related to the Heritage Trees Advisory Committee,
4594     is repealed July 1, 2026.
4595          (2) Subsection 79-2-201(2)[(o)](s), related to the Recreational Trails Advisory Council,
4596     is repealed July 1, 2027.
4597          (3) Subsection 79-2-201(2)[(p)](t), related to the Boating Advisory Council, is repealed
4598     July 1, 2024.
4599          (4) Subsection 79-2-201(2)[(q)](u), related to the Wildlife Board Nominating
4600     Committee, is repealed July 1, 2023.
4601          (5) Subsection 79-2-201(2)[(r)](v), related to regional advisory councils for the
4602     Wildlife Board, is repealed July 1, 2023.
4603          (6) Title 79, Chapter 5, Part 2, Advisory Council, which creates the Recreational Trails
4604     Advisory Council, is repealed July 1, 2027.

4605          Section 52. Section 63I-2-263 is amended to read:
4606          63I-2-263. Repeal dates, Title 63A to Title 63N.
4607          (1) On July 1, 2020:
4608          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
4609          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
4610     May 8, 2018," is repealed.
4611          (2) Section 63A-3-111 is repealed June 30, 2021.
4612          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
4613     repealed July 1, 2021.
4614          (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
4615     Commission is repealed July 1, 2023.
4616          (5) The following sections regarding the World War II Memorial Commission are
4617     repealed on July 1, 2022:
4618          (a) Section 63G-1-801;
4619          (b) Section 63G-1-802;
4620          (c) Section 63G-1-803; and
4621          (d) Section 63G-1-804.
4622          (6) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a procurement
4623     relating to a vice presidential debate, are repealed January 1, 2021.
4624          (7) In relation to the State Fair Park Committee, on January 1, 2021:
4625          (a) Section 63H-6-104.5 is repealed; and
4626          (b) Subsections 63H-6-104(8) and (9) are repealed.
4627          (8) Section 63H-7a-303 is repealed July 1, 2024.
4628          (9) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
4629          (10) In relation to the Employability to Careers Program Board, on July 1, 2022:
4630          (a) Subsection 63J-1-602.1[(57)](59) is repealed;
4631          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
4632     and

4633          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
4634          [(11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
4635     Act, is repealed January 1, 2022.]
4636          [(12)] (11) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
4637          [(13)] (12) Subsection 63N-12-508(3) is repealed December 31, 2021.
4638          [(14)] (13) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act,
4639     is repealed January 1, 2024.
4640          [(15)] (14) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
4641     repealed December 31, 2021.
4642          Section 53. Section 63I-2-279 is enacted to read:
4643          63I-2-279. Repeal dates, Title 79.
4644          (1) Section 79-2-206 is repealed July 1, 2022.
4645          (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
4646     is repealed January 1, 2022.
4647          Section 54. Section 63J-1-601 is amended to read:
4648          63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
4649     out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
4650     accounts and funds -- Institutions of higher education to report unexpended balances.
4651          (1) As used in this section:
4652          (a) "Education grant subrecipient" means a nonfederal entity that:
4653          (i) receives a subaward from the State Board of Education to carry out at least part of a
4654     federal or state grant program; and
4655          (ii) does not include an individual who is a beneficiary of the federal or state grant
4656     program.
4657          (b) "Transaction control number" means the unique numerical identifier established by
4658     the Department of Health to track each medical claim and indicates the date on which the claim
4659     is entered.
4660          (2) On or before August 31 of each fiscal year, the director of the Division of Finance

4661     shall close out to the proper fund or account all remaining unexpended and unencumbered
4662     balances of appropriations made by the Legislature, except:
4663          (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
4664          (i) enterprise funds;
4665          (ii) internal service funds;
4666          (iii) trust and agency funds;
4667          (iv) capital projects funds;
4668          (v) discrete component unit funds;
4669          (vi) debt service funds; and
4670          (vii) permanent funds;
4671          (b) those appropriations from a fund or account or appropriations to a program that are
4672     designated as nonlapsing under Section 63J-1-602.1 or 63J-1-602.2;
4673          (c) expendable special revenue funds, unless specifically directed to close out the fund
4674     in the fund's enabling legislation;
4675          (d) acquisition and development funds appropriated to the Division of State Parks [and
4676     Recreation] or the Division of Recreation;
4677          (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
4678     equipment if delivery is expected before June 30; and
4679          (f) unexpended and unencumbered balances of appropriations that meet the
4680     requirements of Section 63J-1-603.
4681          (3) (a) Liabilities and related expenses for goods and services received on or before
4682     June 30 shall be recognized as expenses due and payable from appropriations made prior to
4683     June 30.
4684          (b) The liability and related expense shall be recognized within time periods
4685     established by the Division of Finance but shall be recognized not later than August 31.
4686          (c) Liabilities and expenses not so recognized may be paid from regular departmental
4687     appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
4688     unencumbered balances of appropriations for the years in which the obligation was incurred.

4689          (d) No amounts may be transferred from an item of appropriation of any department,
4690     institution, or agency into the Capital Projects Fund or any other fund without the prior express
4691     approval of the Legislature.
4692          (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
4693     Chapter 18, Medical Assistance Act:
4694          (i) is not a liability or an expense to the state for budgetary purposes, unless the
4695     Division of Health Care Financing receives the claim within the time periods established by the
4696     Division of Finance under Subsection (3)(b); and
4697          (ii) is not subject to Subsection (3)(c).
4698          (b) The transaction control number that the Division of Health Care Financing records
4699     on each claim invoice is the date of receipt.
4700          (5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
4701     Chapter 13, Utah State Office of Rehabilitation Act:
4702          (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
4703     State Office of Rehabilitation receives the claim within the time periods established by the
4704     Division of Finance under Subsection (3)(b); and
4705          (ii) is not subject to Subsection (3)(c).
4706          (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
4707     date on which the Utah State Office of Rehabilitation receives the claim invoice.
4708          (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
4709     section.
4710          (6) (a) For purposes of this chapter, a reimbursement request received from an
4711     education grant subrecipient:
4712          (i) is not a liability or expense to the state for budgetary purposes, unless the State
4713     Board of Education receives the claim within the time periods described in Subsection (3)(b);
4714     and
4715          (ii) is not subject to Subsection (3)(c).
4716          (b) The transaction control number that the State Board of Education records on a

4717     claim invoice is the date of receipt.
4718          (7) Any balance from an appropriation to a state institution of higher education that
4719     remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
4720     the September 1 following the close of the fiscal year.
4721          Section 55. Section 63J-1-602.1 is amended to read:
4722          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
4723          Appropriations made from the following accounts or funds are nonlapsing:
4724          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
4725     and Leadership Restricted Account created in Section 4-42-102.
4726          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
4727          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
4728     Section 9-18-102.
4729          (4) The National Professional Men's Soccer Team Support of Building Communities
4730     Restricted Account created in Section 9-19-102.
4731          (5) Funds collected for directing and administering the C-PACE district created in
4732     Section 11-42a-106.
4733          (6) Money received by the Utah Inland Port Authority, as provided in Section
4734     11-58-105.
4735          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
4736          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
4737          (9) The "Support for State-Owned Shooting Ranges Restricted Account" created in
4738     Section 23-14-13.5.
4739          (10) Award money under the State Asset Forfeiture Grant Program, as provided under
4740     Section 24-4-117.
4741          (11) Funds collected from the program fund for local health department expenses
4742     incurred in responding to a local health emergency under Section 26-1-38.
4743          (12) The Children with Cancer Support Restricted Account created in Section
4744     26-21a-304.

4745          (13) State funds for matching federal funds in the Children's Health Insurance Program
4746     as provided in Section 26-40-108.
4747          (14) The Children with Heart Disease Support Restricted Account created in Section
4748     26-58-102.
4749          (15) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
4750          (16) The Technology Development Restricted Account created in Section 31A-3-104.
4751          (17) The Criminal Background Check Restricted Account created in Section
4752     31A-3-105.
4753          (18) The Captive Insurance Restricted Account created in Section 31A-3-304, except
4754     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
4755          (19) The Title Licensee Enforcement Restricted Account created in Section
4756     31A-23a-415.
4757          (20) The Health Insurance Actuarial Review Restricted Account created in Section
4758     31A-30-115.
4759          (21) The Insurance Fraud Investigation Restricted Account created in Section
4760     31A-31-108.
4761          (22) The Underage Drinking Prevention Media and Education Campaign Restricted
4762     Account created in Section 32B-2-306.
4763          (23) The School Readiness Restricted Account created in Section 35A-15-203.
4764          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
4765     products or services, as provided in Section 35A-13-202.
4766          (25) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
4767          (26) The Oil and Gas Conservation Account created in Section 40-6-14.5.
4768          (27) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
4769     the Motor Vehicle Division.
4770          (28) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
4771     created by Section 41-3-110 to the State Tax Commission.
4772          (29) The Utah Law Enforcement Memorial Support Restricted Account created in

4773     Section 53-1-120.
4774          (30) The State Disaster Recovery Restricted Account to the Division of Emergency
4775     Management, as provided in Section 53-2a-603.
4776          (31) The Department of Public Safety Restricted Account to the Department of Public
4777     Safety, as provided in Section 53-3-106.
4778          (32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
4779     53-8-303.
4780          (33) The DNA Specimen Restricted Account created in Section 53-10-407.
4781          (34) The Canine Body Armor Restricted Account created in Section 53-16-201.
4782          (35) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
4783          (36) The Higher Education Capital Projects Fund created in Section 53B-22-202.
4784          (37) A certain portion of money collected for administrative costs under the School
4785     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
4786          (38) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
4787     subject to Subsection 54-5-1.5(4)(d).
4788          (39) Funds collected from a surcharge fee to provide certain licensees with access to an
4789     electronic reference library, as provided in Section 58-3a-105.
4790          (40) Certain fines collected by the Division of Occupational and Professional Licensing
4791     for violation of unlawful or unprofessional conduct that are used for education and enforcement
4792     purposes, as provided in Section 58-17b-505.
4793          (41) Funds collected from a surcharge fee to provide certain licensees with access to an
4794     electronic reference library, as provided in Section 58-22-104.
4795          (42) Funds collected from a surcharge fee to provide certain licensees with access to an
4796     electronic reference library, as provided in Section 58-55-106.
4797          (43) Funds collected from a surcharge fee to provide certain licensees with access to an
4798     electronic reference library, as provided in Section 58-56-3.5.
4799          (44) Certain fines collected by the Division of Occupational and Professional Licensing
4800     for use in education and enforcement of the Security Personnel Licensing Act, as provided in

4801     Section 58-63-103.
4802          (45) The Relative Value Study Restricted Account created in Section 59-9-105.
4803          (46) The Cigarette Tax Restricted Account created in Section 59-14-204.
4804          (47) Funds paid to the Division of Real Estate for the cost of a criminal background
4805     check for a mortgage loan license, as provided in Section 61-2c-202.
4806          (48) Funds paid to the Division of Real Estate for the cost of a criminal background
4807     check for principal broker, associate broker, and sales agent licenses, as provided in Section
4808     61-2f-204.
4809          (49) Certain funds donated to the Department of Human Services, as provided in
4810     Section 62A-1-111.
4811          (50) The National Professional Men's Basketball Team Support of Women and
4812     Children Issues Restricted Account created in Section 62A-1-202.
4813          (51) Certain funds donated to the Division of Child and Family Services, as provided
4814     in Section 62A-4a-110.
4815          (52) The Choose Life Adoption Support Restricted Account created in Section
4816     62A-4a-608.
4817          (53) Funds collected by the Office of Administrative Rules for publishing, as provided
4818     in Section 63G-3-402.
4819          (54) The Immigration Act Restricted Account created in Section 63G-12-103.
4820          (55) Money received by the military installation development authority, as provided in
4821     Section 63H-1-504.
4822          (56) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
4823          (57) The Unified Statewide 911 Emergency Service Account created in Section
4824     63H-7a-304.
4825          (58) The Utah Statewide Radio System Restricted Account created in Section
4826     63H-7a-403.
4827          (59) The Employability to Careers Program Restricted Account created in Section
4828     63J-4-703.

4829          (60) The Motion Picture Incentive Account created in Section 63N-8-103.
4830          (61) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
4831     as provided under Section 63N-10-301.
4832          (62) Funds collected by the housing of state probationary inmates or state parole
4833     inmates, as provided in Subsection 64-13e-104(2).
4834          (63) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
4835     and State Lands, as provided in Section 65A-8-103.
4836          (64) The Transportation of Veterans to Memorials Support Restricted Account created
4837     in Section 71-14-102.
4838          (65) The Amusement Ride Safety Restricted Account, as provided in Section
4839     72-16-204.
4840          (66) Certain funds received by the Office of the State Engineer for well drilling fines or
4841     bonds, as provided in Section 73-3-25.
4842          (67) The Water Resources Conservation and Development Fund, as provided in
4843     Section 73-23-2.
4844          (68) Funds donated or paid to a juvenile court by private sources, as provided in
4845     Subsection 78A-6-203(1)(c).
4846          (69) Fees for certificate of admission created under Section 78A-9-102.
4847          (70) Funds collected for adoption document access as provided in Sections 78B-6-141,
4848     78B-6-144, and 78B-6-144.5.
4849          (71) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
4850     Utah Indigent Defense Commission.
4851          (72) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
4852     Park, [Jordan River State Park,] and Green River State Park, as provided under Section
4853     79-4-403.
4854          (73) Certain funds received by the Division of State Parks [and Recreation] from the
4855     sale or disposal of buffalo, as provided under Section 79-4-1001.
4856          (74) The Drinking While Pregnant Prevention Media and Education Campaign

4857     Restricted Account created in Section 32B-2-308.
4858          Section 56. Section 63J-4-502 is amended to read:
4859          63J-4-502. Membership -- Terms -- Chair -- Expenses.
4860          (1) The Resource Development Coordinating Committee shall consist of the following
4861     [24] 25 members:
4862          (a) the state science advisor;
4863          (b) a representative from the Department of Agriculture and Food appointed by the
4864     executive director;
4865          (c) a representative from the Department of Heritage and Arts appointed by the
4866     executive director;
4867          (d) a representative from the Department of Environmental Quality appointed by the
4868     executive director;
4869          (e) a representative from the Department of Natural Resources appointed by the
4870     executive director;
4871          (f) a representative from the Department of Transportation appointed by the executive
4872     director;
4873          (g) a representative from the Governor's Office of Economic Development appointed
4874     by the director;
4875          (h) a representative from the Housing and Community Development Division
4876     appointed by the director;
4877          (i) a representative from the Division of State History appointed by the director;
4878          (j) a representative from the Division of Air Quality appointed by the director;
4879          (k) a representative from the Division of Drinking Water appointed by the director;
4880          (l) a representative from the Division of Environmental Response and Remediation
4881     appointed by the director;
4882          (m) a representative from the Division of Waste Management and Radiation Control
4883     appointed by the director;
4884          (n) a representative from the Division of Water Quality appointed by the director;

4885          (o) a representative from the Division of Oil, Gas, and Mining appointed by the
4886     director;
4887          (p) a representative from the Division of State Parks [and Recreation] appointed by the
4888     director;
4889          (q) a representative from the Division of Recreation appointed by the director;
4890          [(q)] (r) a representative from the Division of Forestry, Fire, and State Lands appointed
4891     by the director;
4892          [(r)] (s) a representative from the Utah Geological Survey appointed by the director;
4893          [(s)] (t) a representative from the Division of Water Resources appointed by the
4894     director;
4895          [(t)] (u) a representative from the Division of Water Rights appointed by the director;
4896          [(u)] (v) a representative from the Division of Wildlife Resources appointed by the
4897     director;
4898          [(v)] (w) a representative from the School and Institutional Trust Lands Administration
4899     appointed by the director;
4900          [(w)] (x) a representative from the Division of Facilities Construction and Management
4901     appointed by the director; and
4902          [(x)] (y) a representative from the Division of Emergency Management appointed by
4903     the director.
4904          (2) (a) As particular issues require, the committee may, by majority vote of the
4905     members present, and with the concurrence of the state planning coordinator, appoint
4906     additional temporary members to serve as ex officio voting members.
4907          (b) Those ex officio members may discuss and vote on the issue or issues for which
4908     they were appointed.
4909          (3) A chair shall be selected by a majority vote of committee members with the
4910     concurrence of the state planning coordinator.
4911          (4) A member may not receive compensation or benefits for the member's service, but
4912     may receive per diem and travel expenses in accordance with:

4913          (a) Section 63A-3-106;
4914          (b) Section 63A-3-107; and
4915          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4916     63A-3-107.
4917          Section 57. Section 63J-4-608 is amended to read:
4918          63J-4-608. Facilitating the acquisition of federal land -- Advisory committee.
4919          (1) As used in this section:
4920          (a) "Advisory committee" means the committee established under Subsection (3).
4921          (b) "Federal land" means land that the secretary is authorized to dispose of under the
4922     federal land disposal law.
4923          (c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
4924     U.S.C. Sec. 869 et seq.
4925          (d) "Government entity" means any state or local government entity allowed to submit
4926     a land application under the federal land disposal law.
4927          (e) "Land application" means an application under the federal land disposal law
4928     requesting the secretary to sell or lease federal land.
4929          (f) "Land application process" means all actions involved in the process of submitting
4930     and obtaining a final decision on a land application.
4931          (g) "Secretary" means the Secretary of the Interior of the United States.
4932          (2) The coordinator and the office shall:
4933          (a) develop expertise:
4934          (i) in the land application process; and
4935          (ii) concerning the factors that tend to increase the chances that a land application will
4936     result in the secretary selling or leasing federal land as requested in the land application;
4937          (b) work to educate government entities concerning:
4938          (i) the availability of federal land pursuant to the federal land disposal law; and
4939          (ii) the land application process;
4940          (c) advise and consult with a government entity that requests assistance from the

4941     coordinator or the office to formulate and submit a land application and to pursue a decision on
4942     the land application;
4943          (d) advise and consult with a government entity that requests assistance from the
4944     coordinator or the office to identify and quantify the amount of any funds needed to provide the
4945     public use described in a land application;
4946          (e) with the advice and recommendations of the advisory committee:
4947          (i) adopt a list of factors to be considered in determining the degree to which a land
4948     application or potential land application is in the public interest; and
4949          (ii) recommend a prioritization of all land applications or potential land applications in
4950     the state according to the extent to which the land applications are in the public interest, based
4951     on the factors adopted under Subsection [(2)(f)(i)] (2)(e)(i);
4952          (f) prepare and submit a written report of land applications:
4953          (i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
4954     Federalism Commission;
4955          (ii) (A) annually no later than August 31; and
4956          (B) at other times, if and as requested by the committee or commission; and
4957          (iii) (A) on the activities of the coordinator and the office under this section;
4958          (B) on the land applications and potential land applications in the state; and
4959          (C) on the decisions of the secretary on land applications submitted by government
4960     entities in the state and the quantity of land acquired under the land applications;
4961          (g) present a summary of information contained in the report described in Subsection
4962     (3)(f):
4963          (i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
4964     Committee and at a meeting of the Federalism Commission;
4965          (ii) annually no later than August 31; and
4966          (iii) at other times, if and as requested by the committee or commission; and
4967          (h) report to the Executive Appropriations Committee of the Legislature, as frequently
4968     as the coordinator considers appropriate or as requested by the committee, on the need for

4969     legislative appropriations to provide funds for the public purposes described in land
4970     applications.
4971          (3) (a) There is created a committee comprised of:
4972          (i) an individual designated by the chairs of the Federalism Commission;
4973          (ii) an individual designated by the director of the Division of Facilities Construction
4974     and Management;
4975          (iii) a representative of the Antiquities Section, created in Section 9-8-304, designated
4976     by the director of the Division of State History;
4977          (iv) a representative of municipalities designated by the Utah League of Cities and
4978     Towns;
4979          (v) a representative of counties designated by the Utah Association of Counties;
4980          (vi) an individual designated by the Governor's Office of Economic Development; and
4981          (vii) an individual designated by the director of the Division of State Parks [and
4982     Recreation], created in Section 79-4-201.
4983          (b) The seven members of the advisory committee under Subsection (3)(a) may, by
4984     majority vote, appoint up to four additional volunteer members of the advisory committee.
4985          (c) The advisory committee shall advise and provide recommendations to the
4986     coordinator and the office on:
4987          (i) factors the coordinator and office should consider in determining the degree to
4988     which a land application or potential land application is in the public interest; and
4989          (ii) the prioritization of land applications or potential land applications in the state
4990     according to the extent to which the land applications are in the public interest, based on the
4991     factors adopted under Subsection [(2)(f)(i)] (2)(e)(i).
4992          (d) A member of the advisory committee may not receive compensation, benefits, or
4993     expense reimbursement for the member's service on the advisory committee.
4994          (e) The advisory committee may:
4995          (i) select a chair from among the advisory committee members; and
4996          (ii) meet as often as necessary to perform the advisory committee's duties under this

4997     section.
4998          (f) The coordinator shall facilitate the convening of the first meeting of the advisory
4999     committee.
5000          Section 58. Section 63L-2-301 is amended to read:
5001          63L-2-301. Promoting or lobbying for a federal designation within the state.
5002          (1) As used in this section:
5003          (a) "Federal designation" means the designation of a:
5004          (i) national monument;
5005          (ii) national conservation area;
5006          (iii) wilderness area or wilderness study area;
5007          (iv) area of critical environmental concern;
5008          (v) research natural area; or
5009          (vi) national recreation area.
5010          (b) (i) "Governmental entity" means:
5011          (A) a state-funded institution of higher education or public education;
5012          (B) a political subdivision of the state;
5013          (C) an office, agency, board, bureau, committee, department, advisory board, or
5014     commission that the government funds or establishes to carry out the public's business,
5015     regardless of whether the office, agency board, bureau, committee, department, advisory board,
5016     or commission is composed entirely of public officials or employees;
5017          (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
5018     undertaking as defined in Section 11-13-103;
5019          (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
5020          (F) an association as defined in Section 53G-7-1101.
5021          (ii) "Governmental entity" does not mean:
5022          (A) the School and Institutional Trust Lands Administration created in Section
5023     53C-1-201;
5024          (B) the School and Institutional Trust Lands Board of Trustees created in Section

5025     53C-1-202;
5026          (C) the Office of the Governor;
5027          (D) the Governor's Office of Management and Budget created in Section 63J-4-201;
5028          (E) the Public Lands Policy Coordinating Office created in Section 63J-4-602;
5029          (F) the Office of Energy Development created in Section [63M-4-401; or] 79-6-401; or
5030          (G) the Governor's Office of Economic Development created in Section 63N-1-201,
5031     including the Office of Tourism and the Utah Office of Outdoor Recreation created in Section
5032     63N-9-104.
5033          (2) (a) A governmental entity, or a person a governmental entity employs and
5034     designates as a representative, may investigate the possibility of a federal designation within
5035     the state.
5036          (b) A governmental entity that intends to advocate for a federal designation within the
5037     state shall:
5038          (i) notify the chairs of the following committees before the introduction of federal
5039     legislation:
5040          (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
5041     constituted, and the Federalism Commission; or
5042          (B) if the notice is given during a General Session, the House and Senate Natural
5043     Resources, Agriculture, and Environment Standing Committees; and
5044          (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
5045          (3) This section does not apply to a political subdivision supporting a federal
5046     designation if the federal designation:
5047          (a) applies to 5,000 acres or less; and
5048          (b) has an economical or historical benefit to the political subdivision.
5049          Section 59. Section 63L-7-104 is amended to read:
5050          63L-7-104. Identification of a potential wilderness area.
5051          (1) (a) Subject to Subsection (1)(b), the director of PLPCO, within one year of the
5052     acquisition date, shall identify within a parcel of acquired land any conservation areas.

5053          (b) Before identifying a parcel of land as a conservation area, the director of PLPCO
5054     shall:
5055          (i) inform the School and Institutional Trust Lands Administration that a parcel is
5056     being considered for designation as a conservation area; and
5057          (ii) provide the School and Institutional Trust Lands Administration with the
5058     opportunity to trade out land owned by the School and Institutional Trust Lands Administration
5059     for the parcel in question subject to reaching an exchange agreement with the agency that
5060     manages the parcel.
5061          (2) The director of PLPCO shall:
5062          (a) file a map and legal description of each identified conservation area with the
5063     governor, the Senate, and the House of Representatives;
5064          (b) maintain, and make available to the public, records pertaining to identified
5065     conservation areas, including:
5066          (i) maps;
5067          (ii) legal descriptions;
5068          (iii) copies of proposed regulations governing the conservation area; and
5069          (iv) copies of public notices of, and reports submitted to the Legislature, regarding
5070     pending additions, eliminations, or modifications to a conservation area; and
5071          (c) within five years of the date of acquisition:
5072          (i) review each identified conservation area for its suitability to be classified as a
5073     protected wilderness area; and
5074          (ii) report the findings under Subsection (2)(c)(i) to the governor.
5075          (3) The records described in Subsection (2)(b) shall be available for inspection at:
5076          (a) the PLPCO office;
5077          (b) the main office of DNR;
5078          (c) a regional office of the Division of Forestry, Fire, and State Lands for any record
5079     that deals with an identified conservation area in that region; and
5080          (d) the Division of State Parks [and] or the Division of Recreation.

5081          (4) A conservation area may be designated as a protected wilderness area as described
5082     in Section 63L-7-105.
5083          (5) A conservation area identified under Subsection (1) shall be managed by DNR, in
5084     coordination with the county government having jurisdiction over the area, without the
5085     conservation area being designated as a protected wilderness area unless otherwise provided by
5086     the Legislature.
5087          Section 60. Section 63N-9-102 is amended to read:
5088          63N-9-102. Definitions.
5089          As used in this chapter:
5090          (1) "Accessible to the general public," in relation to the awarding of an infrastructure
5091     grant, means:
5092          (a) the public may use the infrastructure in accordance with federal and state
5093     regulations; and
5094          (b) no community or group retains exclusive rights to access the infrastructure.
5095          [(2) "Children," in relation to the awarding of a UCORE grant, means individuals who
5096     are six years of age or older, and 18 years of age or younger.]
5097          (2) "Advisory committee" means the Utah Outdoor Recreation Grant Advisory
5098     Committee created in Section 79-8-105.
5099          (3) "Director" means the director of the [outdoor recreation office] Utah Office of
5100     Outdoor Recreation.
5101          (4) "Executive director" means the executive director of GOED.
5102          (5) "Infrastructure grant" means an outdoor recreational infrastructure grant described
5103     in Section 63N-9-202.
5104          (6) "Outdoor recreation office" means the Utah Office of Outdoor Recreation created in
5105     Section 63N-9-104.
5106          (7) (a) "Recreational infrastructure project" means an undertaking to build or improve
5107     the approved facilities and installations needed for the public to access and enjoy the state's
5108     outdoors.

5109          (b) "Recreational infrastructure project" may include the:
5110          (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
5111     facilities;
5112          (ii) construction of a project for water-related outdoor recreational activities;
5113          (iii) development of a project for wildlife watching opportunities, including bird
5114     watching;
5115          (iv) development of a project that provides winter recreation amenities;
5116          (v) construction or improvement of a community park that has amenities for outdoor
5117     recreation; and
5118          (vi) construction or improvement of a naturalistic and accessible playground.
5119          [(8) "UCORE grant" means a children's outdoor recreation and education grant
5120     described in Section 63N-9-402.]
5121          [(9)] (8) (a) "Underserved or underprivileged community" means a group of people,
5122     including a municipality, county, or American Indian tribe, that is economically disadvantaged.
5123          (b) "Underserved or underprivileged community" includes an economically
5124     disadvantaged community where[: (i) ] in relation to awarding an infrastructure grant, the
5125     people of the community have limited access to or have demonstrated a low level of use of
5126     recreational infrastructure[; and].
5127          [(ii) in relation to awarding a UCORE grant, the children of the community, including
5128     children with disabilities, have limited access to outdoor recreation or education programs.]
5129          Section 61. Section 63N-9-106 is amended to read:
5130          63N-9-106. Annual report.
5131          The executive director shall include in the annual written report described in Section
5132     63N-1-301 a report from the director on the activities of the outdoor recreation office,
5133     including a description and the amount of any awarded infrastructure grants [and any awarded
5134     UCORE grants].
5135          Section 62. Section 63N-9-202 is amended to read:
5136          63N-9-202. Creation and purpose of infrastructure grant program.

5137          (1) There is created the Outdoor Recreational Infrastructure Grant Program
5138     administered by the outdoor recreation office.
5139          (2) The outdoor recreation office may seek to accomplish the following objectives in
5140     administering the infrastructure grant program:
5141          (a) build, maintain, and promote recreational infrastructure to provide greater access to
5142     low-cost outdoor recreation for the state's citizens;
5143          (b) encourage residents and nonresidents of the state to take advantage of the beauty of
5144     Utah's outdoors;
5145          (c) encourage individuals and businesses to relocate to the state;
5146          (d) promote outdoor exercise; and
5147          (e) provide outdoor recreational opportunities to an underserved or underprivileged
5148     community in the state.
5149          (3) The advisory committee shall advise and make recommendations to the outdoor
5150     recreation office regarding infrastructure grants.
5151          Section 63. Section 65A-3-1 is amended to read:
5152          65A-3-1. Trespassing on state lands -- Penalties.
5153          (1) As used in this section:
5154          (a) "Anchored" means the same as that term is defined in Section 73-18-2.
5155          (b) "Beached" means the same as that term is defined in Section 73-18-2.
5156          (c) "Motorboat" means the same as that term is defined in Section 73-18-2.
5157          (d) "Vessel" means the same as that term is defined in Section 73-18-2.
5158          (2) A person is guilty of a class B misdemeanor and liable for the civil damages
5159     prescribed in Subsection (4) if, without written authorization from the division, the person:
5160          (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,
5161     soil, vegetation, or improvement on state lands;
5162          (b) grazes livestock on state lands;
5163          (c) uses, occupies, or constructs improvements or structures on state lands;
5164          (d) uses or occupies state lands for more than 30 days after the cancellation or

5165     expiration of written authorization;
5166          (e) knowingly and willfully uses state lands for commercial gain;
5167          (f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological,
5168     or paleontological resource on state lands;
5169          (g) starts or maintains a fire on state lands except in a posted and designated area;
5170          (h) camps on state lands, except in posted or designated areas;
5171          (i) camps on state lands for longer than 15 consecutive days at the same location or
5172     within one mile of the same location;
5173          (j) camps on state lands for 15 consecutive days, and then returns to camp at the same
5174     location before 15 consecutive days have elapsed after the day on which the person left that
5175     location;
5176          (k) leaves an anchored or beached vessel unattended for longer than 48 hours on state
5177     lands;
5178          (l) anchors or beaches a vessel on state lands at the same location for longer than 72
5179     hours or within two miles of the same location for longer than 72 hours;
5180          (m) anchors or beaches a vessel on state lands at the same location for 72 hours, and
5181     then returns to anchor or beach the vessel at the same location or within two miles of the same
5182     location before 72 hours have elapsed after the day on which the person left that location;
5183          (n) posts a sign claiming state land as private property;
5184          (o) prohibits, prevents, or obstructs public entry to state land where public entry is
5185     authorized by the division; or
5186          (p) parks or operates a motor vehicle on the bed of a navigable lake or river except in
5187     those areas:
5188          (i) supervised by the Division of State Parks [and Recreation], the Division of
5189     Recreation, or another state or local enforcement entity; and
5190          (ii) which are posted as open to vehicle use.
5191          (3) A person is guilty of a class C misdemeanor and liable for civil damages described
5192     in Subsection (4) if, on state lands surrounding Bear Lake and without written authorization of

5193     the division, the person:
5194          (a) parks or operates a motor vehicle in an area on the exposed lake bed that is
5195     specifically posted by the division as closed for usage;
5196          (b) camps, except in an area that is posted and designated as open to camping;
5197          (c) exceeds a speed limit of 10 miles per hour while operating a motor vehicle;
5198          (d) drives recklessly while operating a motor vehicle;
5199          (e) parks or operates a motor vehicle within an area between the water's edge and 100
5200     feet of the water's edge except as necessary to:
5201          (i) launch or retrieve a motorboat, if the person is permitted to launch or retrieve a
5202     motorboat;
5203          (ii) transport an individual with limited mobility; or
5204          (iii) deposit or retrieve equipment to a beach site;
5205          (f) travels in a motor vehicle parallel to the water's edge:
5206          (i) in areas designated by the division as closed;
5207          (ii) a distance greater than 500 yards; or
5208          (iii) for purposes other than travel to or from a beach site;
5209          (g) parks or operates a motor vehicle between the hours of 10 p.m. and 7 a.m.; or
5210          (h) starts a campfire or uses fireworks.
5211          (4) A person who commits any act described in Subsection (2) or (3) is liable for
5212     damages in the amount of:
5213          (a) three times the value of the mineral or other resource removed, destroyed, or
5214     extracted;
5215          (b) three times the value of damage committed; or
5216          (c) three times the consideration which would have been charged by the division for
5217     use of the land during the period of trespass.
5218          (5) In addition to the damages described in Subsection (4), a person found guilty of a
5219     misdemeanor under Subsection (2) or (3) is subject to the penalties provided in Section
5220     76-3-204.

5221          (6) Money collected under this section shall be deposited in the fund in which similar
5222     revenues from that land would be deposited.
5223          Section 64. Section 65A-10-2 is amended to read:
5224          65A-10-2. Recreational use of sovereign lands.
5225          (1) The division, with the approval of the executive director of the Department of
5226     Natural Resources and the governor, may set aside for public or recreational use any part of the
5227     lands claimed by the state as the beds of lakes or streams.
5228          (2) Management of those lands may be delegated to the Division of State Parks [and],
5229     the Division of Recreation, the Division of Wildlife Resources, or any other state agency.
5230          Section 65. Section 72-1-216 is amended to read:
5231          72-1-216. Statewide electric vehicle charging network plan -- Report.
5232          (1) (a) The department, in consultation with relevant entities in the private sector, shall
5233     develop a statewide electric vehicle charging network plan.
5234          (b) To develop the statewide electric vehicle charging network plan, the department
5235     shall consult with political subdivisions and other relevant state agencies, divisions, and
5236     entities, including:
5237          (i) the Department of Environmental Quality created in Section 19-1-104;
5238          (ii) the Division of Facilities Construction and Management created in Section
5239     63A-5b-301;
5240          (iii) the Office of Energy Development created in Section [63M-4-401; and] 79-6-401;
5241     and
5242          (iv) the Department of Natural Resources created in Section 79-2-201.
5243          (2) The statewide electric vehicle charging network plan shall provide implementation
5244     strategies to ensure that electric vehicle charging stations are available:
5245          (a) at strategic locations as determined by the department by June 30, 2021;
5246          (b) at incremental distances no greater than every 50 miles along the state's interstate
5247     highway system by December 31, 2025; and
5248          (c) along other major highways within the state as the department finds appropriate.

5249          (3) The department shall provide a report before November 30, 2020, to the
5250     Transportation Interim Committee to outline the statewide electric vehicle charging network
5251     plan.
5252          Section 66. Section 72-4-302 is amended to read:
5253          72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
5254     Meetings -- Expenses.
5255          (1) There is created the Utah State Scenic Byway Committee.
5256          (2) (a) The committee shall consist of the following 13 members:
5257          (i) a representative from each of the following entities appointed by the governor:
5258          (A) the Governor's Office of Economic Development;
5259          (B) the Utah Department of Transportation;
5260          (C) the Department of Heritage and Arts;
5261          (D) the Division of State Parks [and Recreation];
5262          (E) the Federal Highway Administration;
5263          (F) the National Park Service;
5264          (G) the National Forest Service; and
5265          (H) the Bureau of Land Management;
5266          (ii) one local government tourism representative appointed by the governor;
5267          (iii) a representative from the private business sector appointed by the governor; and
5268          (iv) three local elected officials from a county, city, or town within the state appointed
5269     by the governor.
5270          (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
5271     (2) shall be appointed for a four-year term of office.
5272          (c) The governor shall, at the time of appointment or reappointment for appointments
5273     made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
5274     terms of committee members are staggered so that approximately half of the committee is
5275     appointed every two years.
5276          (3) (a) The representative from the Governor's Office of Economic Development shall

5277     chair the committee.
5278          (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
5279     nonvoting, ex officio members of the committee.
5280          (4) The Governor's Office of Economic Development and the department shall provide
5281     staff support to the committee.
5282          (5) (a) The chair may call a meeting of the committee only with the concurrence of the
5283     department.
5284          (b) A majority of the voting members of the committee constitute a quorum.
5285          (c) Action by a majority vote of a quorum of the committee constitutes action by the
5286     committee.
5287          (6) A member may not receive compensation or benefits for the member's service, but
5288     may receive per diem and travel expenses as allowed in:
5289          (a) Section 63A-3-106;
5290          (b) Section 63A-3-107; and
5291          (c) rules made by the Division of Finance according to Sections 63A-3-106 and
5292     63A-3-107.
5293          Section 67. Section 72-11-204 is amended to read:
5294          72-11-204. Vacancies -- Expenses -- Reimbursement -- Use of facilities of
5295     Department of Transportation -- Functions, powers, duties, rights, and responsibilities.
5296          (1) When a vacancy occurs in the membership for any reason, the replacement shall be
5297     appointed for the unexpired term.
5298          (2) A member may not receive compensation or benefits for the member's service, but
5299     may receive per diem and travel expenses in accordance with:
5300          (a) Section 63A-3-106;
5301          (b) Section 63A-3-107; and
5302          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5303     63A-3-107.
5304          (3) Reimbursement shall be made from fees collected by the committee for services

5305     rendered by it.
5306          (4) The Department of Transportation shall supply the committee with office
5307     accommodation, space, equipment, and secretarial assistance the executive director considers
5308     adequate for the committee.
5309          (5) In addition to the functions, powers, duties, rights, and responsibilities granted to it
5310     under this chapter, the committee shall assume and have all of the functions, powers, duties,
5311     rights, and responsibilities of the [Board of Parks and] Division of Recreation [created in
5312     Section 79-4-301] in relation to passenger ropeway systems pursuant to that chapter.
5313          Section 68. Section 73-3-30 is amended to read:
5314          73-3-30. Change application for an instream flow.
5315          (1) As used in this section:
5316          (a) "Division" means the Division of Wildlife Resources, created in Section 23-14-1,
5317     or the Division of State Parks [and Recreation], created in Section 79-4-201.
5318          (b) "Fishing group" means an organization that:
5319          (i) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
5320          (ii) promotes fishing opportunities in the state.
5321          (2) (a) A division may file a change application, as provided by Section 73-3-3, for the
5322     purpose of providing water for an instream flow, within a specified section of a natural or
5323     altered stream channel, necessary within the state for:
5324          (i) the propagation of fish;
5325          (ii) public recreation; or
5326          (iii) the reasonable preservation or enhancement of the natural stream environment.
5327          (b) A division may file a change application on:
5328          (i) a perfected water right:
5329          (A) presently owned by the division;
5330          (B) purchased by the division for the purpose of providing water for an instream flow,
5331     through funding provided for that purpose by legislative appropriation; or
5332          (C) acquired by lease, agreement, gift, exchange, or contribution; or

5333          (ii) an appurtenant water right acquired with the acquisition of real property by the
5334     division.
5335          (c) A division may:
5336          (i) purchase a water right for the purposes provided in Subsection (2)(a) only with
5337     funds specifically appropriated by the Legislature for water rights purchases; or
5338          (ii) accept a donated water right without legislative approval.
5339          (d) A division may not acquire water rights by eminent domain for an instream flow or
5340     for any other purpose.
5341          (3) (a) A fishing group may file a fixed time change application on a perfected,
5342     consumptive water right for the purpose of providing water for an instream flow, within a
5343     specified section of a natural or altered stream channel, to protect or restore habitat for three
5344     native trout:
5345          (i) the Bonneville cutthroat;
5346          (ii) the Colorado River cutthroat; or
5347          (iii) the Yellowstone cutthroat.
5348          (b) Before filing an application authorized by Subsection (3)(a) to change a
5349     shareholder's proportionate share of water, the water company shall submit the decision to
5350     approve or deny the change request required by Subsection 73-3-3.5(3) to a vote of the
5351     shareholders:
5352          (i) in a manner outlined in the water company's articles of incorporation or bylaws;
5353          (ii) at an annual or regular meeting described in Section 16-6a-701; or
5354          (iii) at a special meeting convened under Section 16-6a-702.
5355          (c) The specified section of the natural or altered stream channel for the instream flow
5356     may not be further upstream than the water right's original point of diversion nor extend further
5357     downstream than the next physical point of diversion made by another person.
5358          (d) The fishing group shall receive the Division of Wildlife Resources' director's
5359     approval of the proposed change before filing the fixed time change application with the state
5360     engineer.

5361          (e) The director of the Division of Wildlife Resources may approve a proposed change
5362     if:
5363          (i) the specified section of the stream channel is historic or current habitat for a species
5364     listed in Subsections (3)(a)(i) through (iii);
5365          (ii) the proposed purpose of use is consistent with an existing state management or
5366     recovery plan for that species; and
5367          (iii) the fishing group has:
5368          (A) entered into a programmatic Candidate Conservation Agreement with Assurances
5369     with the United States Fish and Wildlife Service, as authorized by 16 U.S.C. Secs. 1531(a)(5)
5370     and 1536(a)(1), that gives the water right holder the option to receive an enhancement of
5371     survival permit, as authorized by 16 U.S.C. Sec. 1539(a)(1)(A), or a certificate of inclusion, for
5372     a fixed time change application that benefits a candidate species of trout; or
5373          (B) until a programmatic Candidate Conservation Agreement with Assurances
5374     described in Subsection (3)(e)(iii)(A) becomes valid and enforceable, entered into a contract
5375     with the water right holder agreeing to defend and indemnify the water right holder for liability
5376     under Section 1538(a) of the Endangered Species Act, 16 U.S.C. Secs. 1531 through 1544, for
5377     an action taken by the water right holder under the terms of the water right holder's agreement
5378     with the fishing group for a fixed time change application.
5379          (f) The director may deny a proposed change if the proposed change would not be in
5380     the public's interest.
5381          (g) (i) In considering a fixed time change application, the state engineer shall follow
5382     the same procedures as provided in this title for an application to appropriate water.
5383          (ii) The rights and the duties of a fixed time change applicant are the same as provided
5384     in this title for an applicant to appropriate water.
5385          (h) A fishing group may refile a fixed time change application by filing a written
5386     request with the state engineer no later than 60 days before the application expires.
5387          (i) (i) The water right for which the state engineer has approved a fixed time change
5388     application will automatically revert to the point of diversion and place and purpose of use that

5389     existed before the approved fixed time change application when the fixed time change
5390     application expires or is terminated.
5391          (ii) The applicant shall give written notice to the state engineer and the lessor, if
5392     applicable, if the applicant wishes to terminate a fixed time change application before the fixed
5393     time change application expires.
5394          (4) In addition to the requirements of Section 73-3-3, an application authorized by this
5395     section shall:
5396          (a) set forth the legal description of the points on the stream channel between which the
5397     instream flow will be provided by the change application; and
5398          (b) include appropriate studies, reports, or other information required by the state
5399     engineer demonstrating the necessity for the instream flow in the specified section of the
5400     stream and the projected benefits to the public resulting from the change.
5401          (5) (a) For a permanent change application or a fixed time change application filed
5402     according to this section, 60 days before the date on which proof of change for an instream
5403     flow is due, the state engineer shall notify the applicant by mail or by any form of
5404     communication through which receipt is verifiable of the date when proof of change is due.
5405          (b) Before the date when proof of change is due, the applicant must either:
5406          (i) file a verified statement with the state engineer that the instream flow uses have
5407     been perfected, setting forth:
5408          (A) the legal description of the points on the stream channel between which the
5409     instream flow is provided;
5410          (B) detailed measurements of the flow of water in second-feet changed;
5411          (C) the period of use; and
5412          (D) any additional information required by the state engineer; or
5413          (ii) apply for a further extension of time as provided for in Section 73-3-12.
5414          (c) (i) Upon acceptance of the verified statement required under Subsection (5)(b)(i),
5415     the state engineer shall issue a certificate of change for instream flow use in accordance with
5416     Section 73-3-17.

5417          (ii) The certificate expires at the same time the fixed time change application expires.
5418          (6) A person may not appropriate unappropriated water under Section 73-3-2 for the
5419     purpose of providing an instream flow.
5420          (7) Water used in accordance with this section is considered to be beneficially used, as
5421     required by Section 73-3-1.
5422          (8) A physical structure or physical diversion from the stream is not required to
5423     implement a change for instream flow use.
5424          (9) This section does not allow enlargement of the water right that the applicant seeks
5425     to change.
5426          (10) A change application authorized by this section may not impair a vested water
5427     right, including a water right used to generate hydroelectric power.
5428          (11) The state engineer or the water commissioner shall distribute water under an
5429     approved or a certificated instream flow change application according to the change
5430     application's priority date relative to the other water rights located within the stream section
5431     specified in the change application for instream flow.
5432          (12) An approved fixed time change application does not create a right of access across
5433     private property or allow any infringement of a private property right.
5434          Section 69. Section 73-3-31 is amended to read:
5435          73-3-31. Water right for watering livestock on public land.
5436          (1) As used in this section:
5437          (a) "Acquire" means to gain the right to use water through obtaining:
5438          (i) an approved application to appropriate water; or
5439          (ii) a perfected water right.
5440          (b) "Allotment" means a designated area of public land available for livestock grazing.
5441          (c) "Animal unit month (AUM)" is the amount of forage needed to sustain one cow and
5442     her calf, one horse, or five sheep and goats for one month.
5443          (d) (i) "Beneficial user" means the person that has the right to use the grazing permit.
5444          (ii) "Beneficial user" does not mean the public land agency issuing the grazing permit.

5445          (e) "Grazing permit" means a document authorizing livestock to graze on an allotment.
5446          (f) "Livestock" means a domestic animal raised or kept for profit or personal use.
5447          (g) "Livestock watering right" means a right for:
5448          (i) livestock to consume water:
5449          (A) directly from the water source located on public land; or
5450          (B) from an impoundment located on public land into which the water is diverted; and
5451          (ii) associated uses of water related to the raising and care of livestock on public land.
5452          (h) (i) "Public land" means land owned or managed by the United States or the state.
5453          (ii) "Public land" does not mean land owned by:
5454          (A) the Division of Wildlife Resources;
5455          (B) the School and Institutional Trust Lands Administration; or
5456          (C) the Division of State Parks [and Recreation] or the Division of Recreation.
5457          (i) "Public land agency" means the agency that owns or manages the public land.
5458          (2) A public land agency may not:
5459          (a) condition the issuance, renewal, amendment, or extension of any permit, approval,
5460     license, allotment, easement, right-of-way, or other land use occupancy agreement regarding
5461     livestock on the transfer of any water right directly to the public land agency;
5462          (b) require any water user to apply for, or acquire a water right in the name of, the
5463     public land agency as a condition for the issuance, renewal, amendment, or extension of any
5464     permit, approval, license, allotment, easement, right-of-way, or other land use occupancy
5465     agreement regarding livestock; or
5466          (c) acquire a livestock watering right if the public land agency is not a beneficial user.
5467          (3) The state engineer may not approve a change application under Section 73-3-3 for a
5468     livestock watering right without the consent of the beneficial user.
5469          (4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestock
5470     watering right or a portion of a livestock watering right that the beneficial user puts to
5471     beneficial use.
5472          (5) A livestock watering right is appurtenant to the allotment on which the livestock is

5473     watered.
5474          (6) (a) (i) A beneficial user or a public land agency may file a request with the state
5475     engineer for a livestock water use certificate.
5476          (ii) The state engineer shall:
5477          (A) provide the livestock water use certificate application form on the Internet; and
5478          (B) allow electronic submission of the livestock water use certificate application.
5479          (b) The state engineer shall grant a livestock water use certificate to a beneficial user if
5480     the beneficial user:
5481          (i) demonstrates that the beneficial user has a right to use a grazing permit for the
5482     allotment to which the livestock watering right is appurtenant; and
5483          (ii) pays the fee set in accordance with Section 73-2-14.
5484          (c) A livestock water use certificate is valid as long as the livestock watering right is:
5485          (i) held by a beneficial user who has the right to use the grazing permit and graze
5486     livestock on the allotment;
5487          (ii) put to beneficial use within a seven-year time period; or
5488          (iii) subject to a nonuse application approved under Section 73-1-4.
5489          (7) A beneficial user may access or improve an allotment as necessary for the
5490     beneficial user to beneficially use, develop, and maintain the beneficial user's water right
5491     appurtenant to the allotment.
5492          (8) If a federal land management agency reduces livestock grazing AUMs on federal
5493     grazing allotments, and the reduction results in the partial forfeiture of an appropriated water
5494     right, the amount of water in question for nonuse as a livestock water right shall be held in trust
5495     by the state engineer until such water may be appropriated for livestock watering, consistent
5496     with this act and state law.
5497          (9) Nothing in this section affects a livestock watering right or a livestock water use
5498     certificate held by a public land agency on May 13, 2014.
5499          Section 70. Section 73-10e-1 is amended to read:
5500          73-10e-1. Creation of Water Development and Flood Mitigation Reserve Account

5501     -- Appropriation.
5502          (1) There is created within the General Fund a restricted account known as the "Water
5503     Development and Flood Mitigation Reserve Account."
5504          (2) There is appropriated for fiscal year 1984-85 $55,000,000 from the General Fund
5505     and $6,000,000 from certificates of participation to the Water Development and Flood
5506     Mitigation Reserve Account. This appropriation may not lapse and shall carry over to fiscal
5507     year 1985-86.
5508          (3) There is appropriated for fiscal year 1985-86 $35,000,000 from the General Fund to
5509     the Water Development and Flood Mitigation Reserve Account.
5510          (4) There is appropriated for fiscal year 1984-85 $4,050,000 from the Water
5511     Development and Flood Mitigation Reserve Account to the Division of Water Resources to use
5512     for all of the following:
5513          (a) $2,000,000 for final engineering studies for west desert pumping;
5514          (b) $500,000 for implementation of the State Water Plan, including, but not limited to,
5515     engineering studies on Bear River upstream diversion and storage projects and Hatch Town
5516     Reservoir;
5517          (c) (i) $750,000 to prepare final design reports and cost estimates for the following:
5518          (A) Option A - No. Davis WWTP, West Kaysville, Centerville, Bard, West Bountiful,
5519     So. Davis No. WWTP, Phillips, Woods Cross, Jordan River WWTP, and the Salt Lake
5520     International Airport; and
5521          (B) Option B - Antelope Island roadway dikes.
5522          (ii) It is the intent of the Legislature to choose between Options A and B after the final
5523     design reports are completed. The final design reports for Option B shall be completed by
5524     consultants other than those who prepared the original report. The reports for both Options A
5525     and B shall clearly indicate the following for each alternative:
5526          (A) estimated construction costs;
5527          (B) estimated costs of operation and maintenance;
5528          (C) estimated time necessary for completion;

5529          (D) benefits with respect to flood control, tourism, recreation, long-term second use,
5530     and new access to Antelope Island and marsh lands; and
5531          (E) impact on roads and esthetic land features during construction.
5532          (d) $250,000 to prepare final design reports for the following projects:
5533     Corrine-WWTP, Plain City-WWTP, Perry-WWTP, and Little Mtn.-WWTP;
5534          (e) $500,000 to construct the South Shore project; and
5535          (f) $50,000 to reevaluate inter-island diking between South Shore, Antelope Island,
5536     Fremont Island, and Promontory Point.
5537          (5) There is appropriated for fiscal year 1984-85 $16,300,000 from the Water
5538     Development and Flood Mitigation Reserve Account to the Community Development/Disaster
5539     Relief Board for the following:
5540          (a) $4,000,000 to use as a match on diking projects built by the Army Corps of
5541     Engineers; and
5542          (b) (i) $12,300,000 to provide grants to appropriate governmental entities to increase
5543     the carrying capacity of the Jordan River. The grants shall be made without requiring matching
5544     funds from any other governmental entity and shall only be made if an agreement is entered
5545     into by the affected governmental entities resolving disputed issues of responsibility. It is the
5546     intent of the Legislature to consider the distribution of the 1/8% sales and use tax increase as
5547     the contribution from the affected governmental entities.
5548          (ii) Any portion of the $12,300,000 appropriated under Subsection (5)(b)(i) which is
5549     not used for the purposes described in that subsection shall be transferred to the Division of
5550     State Parks [and Recreation] for the purposes described in Section 79-4-802. After this money
5551     is transferred to the Division of State Parks [and Recreation], the money is nonlapsing. The
5552     money may not be used for any project specified by the Division of State Parks [and
5553     Recreation] until the political subdivision having jurisdiction over the appropriate area
5554     contributes 50% of the costs of the project to the state. This contribution may be in the form of
5555     money, property, or services, or any combination of these, which can be used for the specified
5556     project.

5557          (6) Interest accrued on the money appropriated into the Water Development and Flood
5558     Mitigation Reserve Account shall be deposited into the Water Resources Conservation and
5559     Development Fund as the interest accrues.
5560          (7) All money not appropriated from the Water Development and Flood Mitigation
5561     Reserve Account by September 1, 1985, shall be deposited into the Water Resources
5562     Conservation and Development Fund.
5563          Section 71. Section 73-18-2 is amended to read:
5564          73-18-2. Definitions.
5565          As used in this chapter:
5566          (1) "Anchored" means a vessel that is temporarily attached to the bed or shoreline of a
5567     waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
5568          (2) "Beached" means that a vessel's hull is resting on the bed or shoreline of a
5569     waterbody.
5570          [(3) "Board" means the Board of Parks and Recreation.]
5571          [(4)] (3) "Boat livery" means a person that holds a vessel for renting or leasing.
5572          [(5)] (4) "Carrying passengers for hire" means to transport persons on vessels or to lead
5573     persons on vessels for consideration.
5574          (5) "Commission" means the Outdoor Adventure Commission.
5575          (6) "Consideration" means something of value given or done in exchange for
5576     something given or done by another.
5577          (7) "Dealer" means any person who is licensed by the appropriate authority to engage
5578     in and who is engaged in the business of buying and selling vessels or of manufacturing them
5579     for sale.
5580          (8) "Derelict vessel":
5581          (a) means a vessel that is left, stored, or abandoned upon the waters of this state in a
5582     wrecked, junked, or substantially dismantled condition; and
5583          (b) includes:
5584          (i) a vessel left at a Utah port or marina without consent of the agency or other entity

5585     administering the port or marine area; and
5586          (ii) a vessel left docked or grounded upon a property without the property owner's
5587     consent.
5588          (9) "Division" means the Division of [Parks and] Recreation.
5589          (10) "Moored" means long term, on the water vessel storage in an area designated and
5590     properly marked by the division or other applicable managing agency.
5591          (11) "Motorboat" means any vessel propelled by machinery, whether or not the
5592     machinery is the principal source of propulsion.
5593          (12) "Operate" means to navigate, control, or otherwise use a vessel.
5594          (13) "Operator" means the person who is in control of a vessel while it is in use.
5595          (14) "Outfitting company" means any person who, for consideration:
5596          (a) provides equipment to transport persons on all waters of this state; and
5597          (b) supervises a person who:
5598          (i) operates a vessel to transport passengers; or
5599          (ii) leads a person on a vessel.
5600          (15) (a) "Owner" means a person, other than a lien holder, holding a proprietary
5601     interest in or the title to a vessel.
5602          (b) "Owner" includes a person entitled to the use or possession of a vessel subject to an
5603     interest by another person, reserved or created by agreement and securing payment or
5604     performance of an obligation.
5605          (c) "Owner" does not include a lessee under a lease not intended as security.
5606          (16) "Personal watercraft" means a motorboat that is:
5607          (a) less than 16 feet in length;
5608          (b) propelled by a water jet pump; and
5609          (c) designed to be operated by a person sitting, standing, or kneeling on the vessel,
5610     rather than sitting or standing inside the vessel.
5611          (17) "Racing shell" means a long, narrow watercraft:
5612          (a) outfitted with long oars and sliding seats; and

5613          (b) specifically designed for racing or exercise.
5614          (18) "Sailboat" means any vessel having one or more sails and propelled by wind.
5615          (19) "Vessel" means every type of watercraft, other than a seaplane on the water, used
5616     or capable of being used as a means of transportation on water.
5617          (20) "Wakeless speed" means an operating speed at which the vessel does not create or
5618     make a wake or white water trailing the vessel. This speed is not in excess of five miles per
5619     hour.
5620          (21) "Waters of this state" means any waters within the territorial limits of this state.
5621          Section 72. Section 73-18-3.5 is amended to read:
5622          73-18-3.5. Advisory council.
5623          The [board] division, after consultation with the commission, may appoint an advisory
5624     council representing various boating interests to seek recommendations on state boating
5625     policies.
5626          Section 73. Section 73-18-4 is amended to read:
5627          73-18-4. Division may promulgate rules and set fees.
5628          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5629     [board] division, after consultation with the commission, shall promulgate rules:
5630          (a) creating a uniform waterway marking system which shall be obeyed by all vessel
5631     operators;
5632          (b) regulating the placement of waterway markers and other permanent or anchored
5633     objects on the waters of this state;
5634          (c) zoning certain waters of this state for the purpose of prohibiting the operation of
5635     vessels or motors for safety and health purposes only;
5636          (d) regulating vessel operators who carry passengers for hire, boat liveries, and
5637     outfitting companies; and
5638          (e) regulating anchored, beached, moored, or abandoned vessels to minimize health,
5639     safety, and environmental concerns.
5640          (2) (a) The [board] division, after consultation with the commission, may set fees in

5641     accordance with Section 63J-1-504 for:
5642          (i) licensing vessel operators who carry passengers for hire; and
5643          (ii) registering:
5644          (A) outfitting companies; and
5645          (B) boat liveries.
5646          (b) The license and registration fees imposed pursuant to Subsection (2)(a) shall be
5647     deposited into the Boating Account created in Section 73-18-22.
5648          Section 74. Section 73-18-7 is amended to read:
5649          73-18-7. Registration requirements -- Exemptions -- Fee -- Agents -- Records --
5650     Period of registration and renewal -- Expiration -- Notice of transfer of interest or change
5651     of address -- Duplicate registration card -- Invalid registration -- Powers of division.
5652          (1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and
5653     sailboat on the waters of this state shall register it with the division as provided in this chapter.
5654          (b) A person may not place, give permission for the placement of, operate, or give
5655     permission for the operation of a motorboat or sailboat on the waters of this state, unless the
5656     motorboat or sailboat is registered as provided in this chapter.
5657          (2) (a) The owner of a motorboat or sailboat required to be registered shall file an
5658     application for registration with the division on forms approved by the division.
5659          (b) The owner of the motorboat or sailboat shall sign the application and pay the fee set
5660     by the [board] division, after consultation with the commission, in accordance with Section
5661     63J-1-504.
5662          (c) Before receiving a registration card and registration decals, the applicant shall
5663     provide the division with a certificate from the county assessor of the county in which the
5664     motorboat or sailboat has situs for taxation, stating that:
5665          (i) the property tax on the motorboat or sailboat for the current year has been paid;
5666          (ii) in the county assessor's opinion, the property tax is a lien on real property sufficient
5667     to secure the payment of the property tax; or
5668          (iii) the motorboat or sailboat is exempt by law from payment of property tax for the

5669     current year.
5670          (d) If the [board] division modifies the fee under Subsection (2)(b), the modification
5671     shall take effect on the first day of the calendar quarter after 90 days from the day on which the
5672     [board] division provides the State Tax Commission:
5673          (i) notice from the [board] division stating that the [board] division will modify the fee;
5674     and
5675          (ii) a copy of the fee modification.
5676          (3) (a) Upon receipt of the application in the approved form, the division shall record
5677     the receipt and issue to the applicant registration decals and a registration card that state the
5678     number assigned to the motorboat or sailboat and the name and address of the owner.
5679          (b) The registration card shall be available for inspection on the motorboat or sailboat
5680     for which it was issued, whenever that motorboat or sailboat is in operation.
5681          (4) The assigned number shall:
5682          (a) be painted or permanently attached to each side of the forward half of the motorboat
5683     or sailboat;
5684          (b) consist of plain vertical block characters not less than three inches in height;
5685          (c) contrast with the color of the background and be distinctly visible and legible;
5686          (d) have spaces or hyphens equal to the width of a letter between the letter and numeral
5687     groupings; and
5688          (e) read from left to right.
5689          (5) A motorboat or sailboat with a valid marine document issued by the United States
5690     Coast Guard is exempt from the number display requirements of Subsection (4).
5691          (6) The nonresident owner of any motorboat or sailboat already covered by a valid
5692     number that has been assigned to it according to federal law or a federally approved numbering
5693     system of the owner's resident state is exempt from registration while operating the motorboat
5694     or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity
5695     period provided for in Subsection 73-18-9(1).
5696          (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a

5697     new application form and fee with the division, and the division shall issue a new registration
5698     card and registration decals in the same manner as provided for in Subsections (2) and (3).
5699          (b) The division shall reassign the current number assigned to the motorboat or sailboat
5700     to the new owner to display on the motorboat or sailboat.
5701          (8) If the United States Coast Guard has in force an overall system of identification
5702     numbering for motorboats or sailboats within the United States, the numbering system
5703     employed under this chapter by the [board] division shall conform with that system.
5704          (9) (a) The division may authorize any person to act as its agent for the registration of
5705     motorboats and sailboats.
5706          (b) A number assigned, a registration card, and registration decals issued by an agent of
5707     the division in conformity with this chapter and rules of the [board] division are valid.
5708          (10) (a) The Motor Vehicle Division shall classify all records of the division made or
5709     kept according to this section in the same manner that motor vehicle records are classified
5710     under Section 41-1a-116.
5711          (b) Division records are available for inspection in the same manner as motor vehicle
5712     records pursuant to Section 41-1a-116.
5713          (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
5714     continue in effect for 12 months, beginning with the first day of the calendar month of
5715     registration.
5716          (ii) A registration may be renewed by the owner in the same manner provided for in the
5717     initial application.
5718          (iii) The division shall reassign the current number assigned to the motorboat or
5719     sailboat when the registration is renewed.
5720          (b) Each registration, registration card, and registration decal expires the last day of the
5721     month in the year following the calendar month of registration.
5722          (c) If the last day of the registration period falls on a day in which the appropriate state
5723     or county offices are not open for business, the registration of the motorboat or sailboat is
5724     extended to 12 midnight of the next business day.

5725          (d) The division may receive applications for registration renewal and issue new
5726     registration cards at any time before the expiration of the registration, subject to the availability
5727     of renewal materials.
5728          (e) The new registration shall retain the same expiration month as recorded on the
5729     original registration even if the registration has expired.
5730          (f) The year of registration shall be changed to reflect the renewed registration period.
5731          (g) If the registration renewal application is an application generated by the division
5732     through its automated system, the owner is not required to surrender the last registration card or
5733     duplicate.
5734          (12) (a) An owner shall notify the division of:
5735          (i) the transfer of all or any part of the owner's interest, other than creation of a security
5736     interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
5737          (ii) the destruction or abandonment of the owner's motorboat or sailboat.
5738          (b) Notification must take place within 15 days of the transfer, destruction, or
5739     abandonment.
5740          (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
5741     its registration.
5742          (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not
5743     affect the owner's right to operate a motorboat or sailboat does not terminate the registration.
5744          (13) (a) A registered owner shall notify the division within 15 days if the owner's
5745     address changes from the address appearing on the registration card and shall, as a part of this
5746     notification, furnish the division with the owner's new address.
5747          (b) The [board] division may provide in [its] the division's rules for:
5748          (i) the surrender of the registration card bearing the former address; and
5749          (ii) (A) the replacement of the card with a new registration card bearing the new
5750     address; or
5751          (B) the alteration of an existing registration card to show the owner's new address.
5752          (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for

5753     the issuance of a duplicate card.
5754          (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the
5755     issuance of a duplicate decal.
5756          (15) A number other than the number assigned to a motorboat or sailboat or a number
5757     for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
5758     or otherwise displayed on either side of the bow of a motorboat or sailboat.
5759          (16) A motorboat or sailboat registration and number are invalid if obtained by
5760     knowingly falsifying an application for registration.
5761          (17) The [board] division may designate the suffix to assigned numbers, and by
5762     following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
5763     Rulemaking Act, make rules for:
5764          (a) the display of registration decals;
5765          (b) the issuance and display of dealer numbers and registrations; and
5766          (c) the issuance and display of temporary registrations.
5767          (18) A violation of this section is an infraction.
5768          Section 75. Section 73-18-8 is amended to read:
5769          73-18-8. Safety equipment required to be on board vessels -- Penalties.
5770          (1) (a) Except as provided in Subsection (1)(c), each vessel shall have, for each person
5771     on board, one wearable personal flotation device that is approved for the type of use by the
5772     commandant of the United States Coast Guard.
5773          (b) Each personal flotation device shall be:
5774          (i) in serviceable condition;
5775          (ii) legally marked with the United States Coast Guard approval number; and
5776          (iii) of an appropriate size for the person for whom it is intended.
5777          (c) (i) Sailboards and racing shells are exempt from the provisions of Subsections
5778     (1)(a) and (e).
5779          (ii) The [board] division, after consultation with the commission, may exempt certain
5780     types of vessels from the provisions of Subsection (1)(a) under certain conditions or upon

5781     certain waters.
5782          (d) The [board] division may require by rule, after consultation with the commission,
5783     for personal flotation devices to be worn:
5784          (i) while a person is on board a certain type of vessel;
5785          (ii) by a person under a certain age; or
5786          (iii) on certain waters of the state.
5787          (e) For vessels 16 feet or more in length, there shall also be on board one throwable
5788     personal flotation device which is approved for this use by the commandant of the United
5789     States Coast Guard.
5790          (2) The operator of a vessel operated between sunset and sunrise shall display lighted
5791     navigation lights approved by the division.
5792          (3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in
5793     any enclosure for any purpose, the vessel shall be equipped with an efficient natural or
5794     mechanical ventilation system that is capable of removing resulting gases before and during the
5795     time the vessel is occupied by any person.
5796          (4) Each vessel shall have fire extinguishing equipment on board.
5797          (5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame
5798     control device.
5799          (6) The [board] division may:
5800          (a) require additional safety equipment by rule made in consultation with the
5801     commission; and
5802          (b) adopt rules conforming with the requirements of this section which govern
5803     specifications for and the use of safety equipment.
5804          (7) A person may not operate or give permission for the operation of a vessel that is not
5805     equipped as required by this section or rules promulgated under this section.
5806          (8) A violation of this section is an infraction.
5807          Section 76. Section 73-18-9 is amended to read:
5808          73-18-9. Exemptions from registration.

5809          Registration under this chapter is not required for any of the following:
5810          (1) a motorboat or sailboat that:
5811          (a) is already covered by a valid registration issued by its nonresident owner's resident
5812     state; and
5813          (b) has not been within this state in excess of 60 days for the calendar year;
5814          (2) a motorboat or sailboat from a country other than the United States temporarily
5815     using the waters of this state;
5816          (3) a motorboat or sailboat whose owner is the United States, a state or subdivision
5817     thereof;
5818          (4) a ship's lifeboat; or
5819          (5) a motorboat or sailboat belonging to a class of vessels which is exempted from
5820     registration by the [board] division after the [board] division finds:
5821          (a) that the registration of motorboats or sailboats of this class will not materially aid in
5822     their identification; and
5823          (b) that the United States Coast Guard has a numbering system applicable to the class
5824     of motorboats or sailboats to which the motorboat or sailboat in question belongs, and the
5825     motorboat or sailboat would also be exempt from numbering if it were subject to federal law.
5826          Section 77. Section 73-18-11 is amended to read:
5827          73-18-11. Regulation of muffling devices.
5828          The [board] division, after consultation with the commission, shall adopt rules for the
5829     regulating of muffling devices on all vessels.
5830          Section 78. Section 73-18-13 is amended to read:
5831          73-18-13. Duties of operator involved in accident -- Notification and reporting
5832     procedures -- Use of accident reports -- Giving false information as misdemeanor.
5833          (1) As used in this section, "agent" has the same meaning as provided in Section
5834     41-6a-404.
5835          (2) (a) It is the duty of the operator of a vessel involved in an accident, if the operator
5836     can do so without seriously endangering the operator's own vessel, crew, or passengers, to

5837     render aid to those affected by the accident as may be practicable.
5838          (b) The operator shall also give the operator's name, address, and identification of the
5839     operator's vessel in writing to:
5840          (i) any person injured; or
5841          (ii) the owner of any property damaged in the accident.
5842          (c) A violation of this Subsection (2) is a class B misdemeanor.
5843          (3) (a) The [board] division, after consultation with the commission, shall adopt rules
5844     governing the notification and reporting procedure for vessels involved in accidents.
5845          (b) The rules shall be consistent with federal requirements.
5846          (4) (a) Except as provided in Subsection (4)(b), all accident reports:
5847          (i) are protected and shall be for the confidential use of the division or other state,
5848     local, or federal agencies having use for the records for official governmental statistical,
5849     investigative, and accident prevention purposes; and
5850          (ii) may be disclosed only in a statistical form that protects the privacy of any person
5851     involved in the accident.
5852          (b) The division shall disclose a written accident report and its accompanying data to:
5853          (i) a person involved in the accident, excluding a witness to the accident;
5854          (ii) a person suffering loss or injury in the accident;
5855          (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i)
5856     and (ii);
5857          (iv) a member of the press or broadcast news media;
5858          (v) a state, local, or federal agency that uses the records for official governmental,
5859     investigative, or accident prevention purposes;
5860          (vi) law enforcement personnel when acting in their official governmental capacity;
5861     and
5862          (vii) a licensed private investigator.
5863          (c) Information provided to a member of the press or broadcast news media under
5864     Subsection (4)(b)(iv) may only include:

5865          (i) the name, age, sex, and city of residence of each person involved in the accident;
5866          (ii) the make and model year of each vehicle involved in the accident;
5867          (iii) whether or not each person involved in the accident was covered by a vehicle
5868     insurance policy;
5869          (iv) the location of the accident; and
5870          (v) a description of the accident that excludes personal identifying information not
5871     listed in Subsection (4)(c)(i).
5872          (5) (a) Except as provided in Subsection (5)(c), an accident report may not be used as
5873     evidence in any civil or criminal trial, arising out of an accident.
5874          (b) Upon demand of any person who has, or claims to have, made the report, or upon
5875     demand of any court, the division shall furnish a certificate showing that a specified accident
5876     report has or has not been made to the division solely to prove a compliance or a failure to
5877     comply with the requirement that a report be made to the division.
5878          (c) Accident reports may be used as evidence when necessary to prosecute charges
5879     filed in connection with a violation of Subsection (6).
5880          (6) Any person who gives false information, knowingly or having reason to believe it is
5881     false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.
5882          Section 79. Section 73-18-13.5 is amended to read:
5883          73-18-13.5. Motorboat accidents -- Investigation and report of operator security
5884     -- Agency action if no security -- Surrender of registration materials.
5885          (1) Upon request of a peace officer investigating an accident involving a motorboat as
5886     defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the
5887     owner's or operator's security required under Section 73-18c-301.
5888          (2) The peace officer shall record on a form approved by the division:
5889          (a) the information provided by the operator;
5890          (b) whether the operator provided insufficient or no information; and
5891          (c) whether the peace officer finds reasonable cause to believe that any information
5892     given is not correct.

5893          (3) The peace officer shall deposit all completed forms with the peace officer's agency,
5894     which shall forward the forms to the division no later than 10 days after receipt.
5895          (4) (a) The division shall revoke the registration of a motorboat as defined in Section
5896     73-18c-102 involved in an accident unless the owner or operator can demonstrate to the
5897     division compliance with the owner's or operator's security requirement of Section 73-18c-301
5898     at the time of the accident.
5899          (b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
5900          (5) A person may appeal a revocation issued under Subsection (4) in accordance with
5901     procedures established by the [board] division, after consultation with the commission, by rule
5902     that are consistent with Title 63G, Chapter 4, Administrative Procedures Act.
5903          (6) (a) Any person whose registration is revoked under Subsection (4) shall return the
5904     registration card and decals for the motorboat to the division.
5905          (b) If the person fails to return the registration materials as required, they shall be
5906     confiscated under Section 73-18-13.6.
5907          (7) The [board] division may, after consultation with the commission, make rules for
5908     the enforcement of this section.
5909          (8) In this section, "evidence of owner's or operator's security" includes any one of the
5910     following:
5911          (a) the operator's:
5912          (i) insurance policy;
5913          (ii) binder notice;
5914          (iii) renewal notice; or
5915          (iv) card issued by an insurance company as evidence of insurance;
5916          (b) a copy of a surety bond, certified by the surety, which conforms to Section
5917     73-18c-102;
5918          (c) a certificate of the state treasurer issued under Section 73-18c-305; or
5919          (d) a certificate of self-funded coverage issued under Section 73-18c-306.
5920          Section 80. Section 73-18-15 is amended to read:

5921          73-18-15. Division to adopt rules concerning water skiing and aquaplane riding
5922     and use of other devices towed behind a vessel.
5923          The [board] division, after consultation with the commission, shall adopt rules for the
5924     regulation and safety of water skiing and aquaplane riding, and the use of other devices that are
5925     towed behind a vessel pursuant to this section and in accordance with Section 73-18-16.
5926          Section 81. Section 73-18-15.2 is amended to read:
5927          73-18-15.2. Minimum age of operators -- Boating safety course for youth to
5928     operate personal watercraft.
5929          (1) (a) A person under 16 years of age may not operate a motorboat on the waters of
5930     this state unless the person is under the on-board and direct supervision of a person who is at
5931     least 18 years of age.
5932          (b) A person under 16 years of age may operate a sailboat, if the person is under the
5933     direct supervision of a person who is at least 18 years of age.
5934          (2) A person who is at least 12 years of age or older but under 16 years of age may
5935     operate a personal watercraft provided he:
5936          (a) is under the direct supervision of a person who is at least 18 years of age;
5937          (b) completes a boating safety course approved by the division; and
5938          (c) has in his possession a boating safety certificate issued by the boating safety course
5939     provider.
5940          (3) A person who is at least 16 years of age but under 18 years of age may operate a
5941     personal watercraft, if the person:
5942          (a) completes a boating safety course approved by the division; and
5943          (b) has in his possession a boating safety certificate issued by the boating safety course
5944     provider.
5945          (4) A person required to attend a boating safety course under Subsection (3)(a) need
5946     not be accompanied by a parent or legal guardian while completing a boating safety course.
5947          (5) A person may not give permission to another person to operate a vessel in violation
5948     of this section.

5949          (6) As used in this section, "direct supervision" means oversight at a distance within
5950     which visual contact is maintained.
5951          (7) (a) The division may collect fees set by the [board] division in accordance with
5952     Section 63J-1-504 from each person who takes the division's boating safety course to help
5953     defray the cost of the boating safety course.
5954          (b) Money collected from the fees collected under Subsection (7)(a) shall be deposited
5955     in the Boating Account.
5956          (8) A violation of this section is an infraction.
5957          Section 82. Section 73-18-16 is amended to read:
5958          73-18-16. Regattas, races, exhibitions -- Rules.
5959          (1) The division may authorize the holding of regattas, motorboat or other boat races,
5960     marine parades, tournaments, or exhibitions on any waters of this state.
5961          (2) The [board] division, after consultation with the commission, may adopt rules
5962     concerning the safety of vessels and persons, either as observers or participants, that do not
5963     conflict with the provisions of Subsections (3) and (4).
5964          (3) A person may elect, at the person's own risk, to wear a non-Coast Guard approved
5965     personal floatation device if the person is on an American Water Ski Association regulation
5966     tournament slalom course and is:
5967          (a) engaged in barefoot water skiing;
5968          (b) water skiing in an American Water Ski Association regulation competition;
5969          (c) a performer participating in a professional exhibition or other tournament; or
5970          (d) practicing for an event described in Subsection (3)(b) or (c).
5971          (4) If a person is water skiing in an American Water Ski Association regulation
5972     tournament slalom course, an observer and flag are not required if the vessel is:
5973          (a) equipped with a wide angle mirror with a viewing surface of at least 48 square
5974     inches; and
5975          (b) operated by a person who is at least 18 years of age.
5976          (5) A violation of this section is an infraction.

5977          Section 83. Section 73-18-17 is amended to read:
5978          73-18-17. Scope of application of chapter -- Identical local ordinances authorized
5979     -- Application for special local rules.
5980          (1) This chapter, and other applicable laws of this state govern the operation,
5981     equipment, and numbering of vessels whenever any vessel is operated on the waters of this
5982     state, or when any activity regulated by this chapter takes place on the waters of this state.
5983     Nothing in this chapter prevents the adoption of any ordinance or local law relating to
5984     operation and equipment of vessels, the provisions of which are identical to the provisions of
5985     this chapter, amendments to this chapter, and rules promulgated under this chapter. Ordinances
5986     or local laws shall be operative only so long as and to the extent that they continue to be
5987     identical to provisions of this chapter, amendments to this chapter, and rules promulgated
5988     under this chapter.
5989          (2) Any political subdivision of this state may, at any time, but only after public notice,
5990     formally apply to the [board] division for special rules concerning the operation of vessels on
5991     any waters within its territorial limits. The political subdivision shall set forth in the
5992     application the reasons which make special rules necessary or appropriate.
5993          Section 84. Section 73-18-20 is amended to read:
5994          73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
5995     Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
5996          (1) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
5997     Classifications, may enforce this chapter, the rules made under this chapter, and the
5998     maintenance inspection program for vessels carrying passengers for hire implemented under
5999     this chapter.
6000          (2) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
6001     Classifications, has the authority to stop and board a vessel subject to this chapter, whether the
6002     vessel is on water or land. If that law enforcement officer determines the vessel is overloaded,
6003     unseaworthy, or the safety equipment required by this chapter or rules of the [board] division is
6004     not on the vessel, that law enforcement officer may prohibit the launching of the vessel or stop

6005     the vessel from operating.
6006          (3) An operator who, having received a visual or audible signal from a law
6007     enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to
6008     bring the operator's vessel to a stop, operates the vessel in willful or wanton disregard of the
6009     signal so as to interfere with or endanger the operation of a vessel or endanger an individual, or
6010     who attempts to flee or elude the law enforcement officer whether by vessel or otherwise is
6011     guilty of a class A misdemeanor.
6012          (4) Whenever an individual is arrested for a violation of this chapter or a rule made
6013     under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and
6014     77-7-24.
6015          Section 85. Section 73-18a-1 is amended to read:
6016          73-18a-1. Definitions.
6017          As used in this chapter:
6018          [(1) "Board" means the Board of Parks and Recreation.]
6019          (1) "Commission" means the Outdoor Adventure Commission.
6020          (2) "Division" means the Division of [Parks and] Recreation.
6021          (3) "Human body waste" means excrement, feces, or other waste material discharged
6022     from the human body.
6023          (4) "Litter" means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage,
6024     rubbish, or similar refuse discarded as no longer useful.
6025          (5) "Marine toilet" means any toilet or other receptacle permanently installed on or
6026     within any vessel for the purpose of receiving human body waste. This term does not include
6027     portable toilets which may be removed from a vessel in order to empty its contents.
6028          (6) "Operate" means to navigate, control, or otherwise use a vessel.
6029          (7) "Operator" means the person who is in control of a vessel while it is in use.
6030          (8) "Owner" means a person, other than a lien holder, holding a proprietary interest in
6031     or the title to a vessel. The term does not include a lessee under a lease not intended as
6032     security.

6033          (9) "Vessel" means every type of watercraft, other than a seaplane on the water, used or
6034     capable of being used as a means of transportation on water.
6035          (10) "Waters of this state" means all waters within the territorial limits of this state
6036     except those used exclusively for private purposes.
6037          Section 86. Section 73-18a-4 is amended to read:
6038          73-18a-4. Marine toilets -- Pollution control devices required -- Rules established
6039     by division.
6040          (1) Every marine toilet on a vessel used or operated upon the waters of this state shall
6041     be equipped with an approved pollution control device in operative condition.
6042          (2) The [board] division, after consultation with the commission, shall make rules in
6043     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as provided in
6044     this chapter, establishing criteria or standards for definition and approval of acceptable
6045     pollution control devices for vessels.
6046          Section 87. Section 73-18a-5 is amended to read:
6047          73-18a-5. Chemical treatment of marine toilet contents -- Rules established by
6048     division and Department of Environmental Quality.
6049          The [board] division, after consultation with the commission, shall establish by rule, in
6050     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with approval by
6051     the Department of Environmental Quality, as provided in this chapter, standards relating to
6052     chemical treatment of marine toilet contents.
6053          Section 88. Section 73-18a-12 is amended to read:
6054          73-18a-12. Rules promulgated -- Subject to approval by Department of
6055     Environmental Quality.
6056          The [board] division, after consultation with the commission, may promulgate rules
6057     under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which are necessary for the
6058     carrying out of duties, obligations, and powers conferred on the division by this chapter. These
6059     rules shall be subject to review and approval by the Department of Environmental Quality.
6060     This approval shall be recorded as part of the rules.

6061          Section 89. Section 73-18b-1 is amended to read:
6062          73-18b-1. Water safety rules and regulations -- Adoption.
6063          (1) The [Board of Parks and] Division of Recreation, after consulting with the Outdoor
6064     Adventure Commission, may make rules necessary to promote safety in swimming, scuba
6065     diving, and related activities on any waters where public boating is permitted.
6066          (2) The [Board of Parks and] Division of Recreation may consider recommendations of
6067     and cooperate with other state agencies and the owners or operators of those waters.
6068          Section 90. Section 73-18b-4 is amended to read:
6069          73-18b-4. Enforcement of regulations.
6070          [(1) The Board of Parks and Recreation shall designate officers to enforce board] A
6071     law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications,
6072     may enforce this chapter and rules made under the authority of this chapter.
6073          [(2) Those officers have the same authority in making arrests and responsibility in
6074     arrest procedures as they have in their other enforcement activities.]
6075          Section 91. Section 73-18c-102 is amended to read:
6076          73-18c-102. Definitions.
6077          As used in this chapter:
6078          (1) "Airboat" means a vessel propelled by air pressure caused by an airplane type
6079     propeller mounted above the stern and driven by an internal combustion engine.
6080          [(2) "Board" means the Board of Parks and Recreation.]
6081          (2) "Commission" means the Outdoor Adventure Commission.
6082          (3) "Division" means the Division of [Parks and] Recreation.
6083          (4) "Judgment" means any judgment that is final by:
6084          (a) expiration without appeal of the time within which an appeal might have been
6085     perfected; or
6086          (b) final affirmation on appeal, rendered by a court of competent jurisdiction of any
6087     state or of the United States, upon a cause of action for damages:
6088          (i) arising out of the ownership, maintenance, or use of any personal watercraft,

6089     including damages for care and loss of services because of bodily injury to or death of any
6090     person, or because of injury to or destruction of property including the loss of use of the
6091     property; or
6092          (ii) on a settlement agreement.
6093          (5) (a) "Motorboat" has the same meaning as defined in Section 73-18-2.
6094          (b) "Motorboat" includes personal watercraft regardless of the manufacturer listed
6095     horsepower.
6096          (c) "Motorboat" does not include:
6097          (i) a boat with a manufacturer listed horsepower of 50 horsepower or less; or
6098          (ii) an airboat.
6099          (6) "Nonresident" means any person who is not a resident of Utah.
6100          (7) "Operator" means the person who is in control of a motorboat while it is in use.
6101          (8) (a) "Owner" means a person, other than a lien holder, holding a proprietary interest
6102     in or the title to a motorboat.
6103          (b) "Owner" includes a person entitled to the use or possession of a motorboat subject
6104     to an interest by another person, reserved or created by agreement and securing payment or
6105     performance of an obligation.
6106          (c) "Owner" does not include a lessee under a lease not intended as security.
6107          (9) "Owner's or operator's security," "owner's security," or "operator's security" means
6108     any of the following:
6109          (a) an insurance policy or combination of policies conforming to Sections
6110     31A-22-1502 and 31A-22-1503, which is issued by an insurer authorized to do business in
6111     Utah;
6112          (b) a surety bond issued by an insurer authorized to do a surety business in Utah in
6113     which the surety is subject to the minimum coverage limits and other requirements of policies
6114     conforming to Sections 31A-22-1502 and 31A-22-1503, which names the division as a creditor
6115     under the bond for the use of persons entitled to the proceeds of the bond;
6116          (c) a deposit with the state treasurer of cash or securities complying with Section

6117     73-18c-305;
6118          (d) a certificate of self-funded coverage issued under Section 73-18c-306; or
6119          (e) a policy conforming to Sections 31A-22-1502 and 31A-22-1503 issued by the Risk
6120     Management Fund created in Section 63A-4-201.
6121          (10) "Personal watercraft" has the same meaning as provided in Section 73-18-2.
6122          (11) "Registration" means the issuance of the registration cards and decals issued under
6123     the laws of Utah pertaining to the registration of motorboats.
6124          (12) "Registration materials" means the evidences of motorboat registration, including
6125     all registration cards and decals.
6126          (13) "Self-insurance" has the same meaning as provided in Section 31A-1-301.
6127          (14) "Waters of the state" means any waters within the territorial limits of this state.
6128          Section 92. Section 73-18c-201 is amended to read:
6129          73-18c-201. Division to administer and enforce chapter -- Division may adopt
6130     rules.
6131          (1) (a) The division shall administer [and enforce the provisions of] this chapter.
6132          (b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
6133     Classifications, may enforce this chapter in the rules made under this chapter.
6134          (2) The [board] division, after consultation with the commission, may adopt rules as
6135     necessary for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah
6136     Administrative Rulemaking Act.
6137          Section 93. Section 76-6-206.2 is amended to read:
6138          76-6-206.2. Criminal trespass on state park lands -- Penalties.
6139          (1) For purposes of this section:
6140          (a) "Authorization" means specific written permission by, or contractual agreement
6141     with, the Division of State Parks [and Recreation].
6142          (b) "Criminal trespass" means the elements of the crime of criminal trespass, as set
6143     forth in Section 76-6-206.
6144          (c) "Division" means the Division of State Parks [and Recreation], created in Section

6145     79-4-201.
6146          (d) "State park lands" means all lands administered by the division.
6147          (2) A person is guilty of criminal trespass on state park lands and is liable for the civil
6148     damages prescribed in Subsection (5) if, under circumstances not amounting to a greater
6149     offense, and without authorization, the person:
6150          (a) constructs improvements or structures on state park lands;
6151          (b) uses or occupies state park lands for more than 30 days after the cancellation or
6152     expiration of authorization;
6153          (c) knowingly or intentionally uses state park lands for commercial gain;
6154          (d) intentionally or knowingly grazes livestock on state park lands, except as provided
6155     in Section 72-3-112; or
6156          (e) remains, after being ordered to leave by someone with actual authority to act for the
6157     division, or by a law enforcement officer.
6158          (3) A person is not guilty of criminal trespass if that person enters onto state park
6159     lands:
6160          (a) without first paying the required fee; and
6161          (b) for the sole purpose of pursuing recreational activity.
6162          (4) A violation of Subsection (2) is a class B misdemeanor.
6163          (5) In addition to restitution, as provided in Section 76-3-201, a person who commits
6164     any act described in Subsection (2) may also be liable for civil damages in the amount of three
6165     times the value of:
6166          (a) damages resulting from a violation of Subsection (2);
6167          (b) the water, mineral, vegetation, improvement, or structure on state park lands that is
6168     removed, destroyed, used, or consumed without authorization;
6169          (c) the historical, prehistorical, archaeological, or paleontological resource on state
6170     park lands that is removed, destroyed, used, or consumed without authorization; or
6171          (d) the consideration which would have been charged by the division for unauthorized
6172     use of the land and resources during the period of trespass.

6173          (6) Civil damages under Subsection (5) may be collected in a separate action by the
6174     division, and shall be deposited in the State Parks Fees Restricted Account as established in
6175     Section 79-4-402.
6176          Section 94. Section 77-2-4.3 is amended to read:
6177          77-2-4.3. Compromise of boating violations -- Limitations.
6178          (1) As used in this section:
6179          (a) "Compromise" means referral of a person charged with a boating violation to a
6180     boating safety course approved by the Division of [Parks and] Recreation.
6181          (b) "Boating violation" means any charge for which bail may be forfeited in lieu of
6182     appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating
6183     Act, amounting to:
6184          (i) a class B misdemeanor;
6185          (ii) a class C misdemeanor; or
6186          (iii) an infraction.
6187          (2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance
6188     agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
6189          (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or
6190          (b) when there is a plea by the defendant to and entry of a judgment by a court for the
6191     offense originally charged or for an amended charge.
6192          (3) In all cases which are compromised pursuant to the provisions of Subsection (2):
6193          (a) the court, taking into consideration the offense charged, shall collect a plea in
6194     abeyance fee which shall:
6195          (i) be subject to the same surcharge as if imposed on a criminal fine;
6196          (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
6197     78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge
6198     Allocation; and
6199          (iii) be not more than $25 greater than the bail designated in the Uniform Bail
6200     Schedule; or

6201          (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the
6202     boating safety course shall be collected, which surcharge shall:
6203          (i) be computed, assessed, collected, and remitted in the same manner as if the boating
6204     safety course fee and surcharge had been imposed as a criminal fine and surcharge; and
6205          (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,
6206     Criminal Conviction Surcharge Allocation.
6207          (4) If a written plea in abeyance agreement is provided, or the defendant requests a
6208     written accounting, an itemized statement of all amounts assessed by the court shall be
6209     provided, including:
6210          (a) the Uniform Bail Schedule amount;
6211          (b) the amount of any surcharges being assessed; and
6212          (c) the amount of the plea in abeyance fee.
6213          Section 95. Section 78A-5-110 is amended to read:
6214          78A-5-110. Allocation of district court fees and forfeitures.
6215          (1) Except as provided in this section, district court fines and forfeitures collected for
6216     violation of state statutes shall be paid to the state treasurer.
6217          (2) Fines and forfeitures collected by the court for violation of a state statute or county
6218     or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
6219     state treasurer and 1/2 to the treasurer of the state or local governmental entity which
6220     prosecutes or which would prosecute the violation.
6221          (3) (a) Fines and forfeitures collected for violations of Title 23, Wildlife Resources
6222     Code of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State
6223     Boating Act, shall be paid to the state treasurer.
6224          (b) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
6225     allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
6226          (c) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
6227     18, State Boating Act, the state treasurer shall allocate 85% to the Division of [Parks and]
6228     Recreation and 15% to the General Fund.

6229          (4) (a) The state treasurer shall allocate fines and forfeitures collected for a violation of
6230     Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, to the Department
6231     of Transportation for use on class B and class C roads.
6232          (b) Fees established by the Judicial Council shall be deposited in the state General
6233     Fund.
6234          (c) Money allocated for class B and class C roads is supplemental to the money
6235     appropriated under Section 72-2-107 but shall be expended in the same manner as other class B
6236     and class C road funds.
6237          (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
6238     under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
6239          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
6240          (ii) 40% in accordance with Subsection (2).
6241          (b) Fines and forfeitures collected by the court for a second or subsequent violation
6242     under Subsection 72-7-409(6)(d) shall be remitted:
6243          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
6244          (ii) 50% in accordance with Subsection (2).
6245          (6) For fines and forfeitures collected by the court for a violation of Section
6246     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
6247     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
6248     the school district or private school that owns or contracts for the use of the bus, and the state
6249     treasurer shall allocate 40% to the treasurer of the state or local governmental entity that
6250     prosecutes or that would prosecute the violation, and 40% to the General Fund.
6251          (7) Fines and forfeitures collected for any violations not specified in this chapter or
6252     otherwise provided for by law shall be paid to the state treasurer.
6253          (8) Fees collected in connection with civil actions filed in the district court shall be
6254     paid to the state treasurer.
6255          (9) The court shall remit money collected in accordance with Title 51, Chapter 7, State
6256     Money Management Act.

6257          Section 96. Section 78A-7-120 is amended to read:
6258          78A-7-120. Disposition of fines.
6259          (1) Except as otherwise specified by this section, fines and forfeitures collected by a
6260     justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
6261     court and 1/2 to the treasurer of the local government which prosecutes or which would
6262     prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
6263     Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
6264     if the parties agree.
6265          (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
6266     allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
6267     county government responsible for the justice court.
6268          (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
6269     18, State Boating Act, the court shall allocate 85% to the Division of [Parks and] Recreation
6270     and 15% to the general fund of the city or county government responsible for the justice court.
6271          (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
6272     instances where evidence of the violation was obtained by an automated traffic enforcement
6273     safety device as described in Section 41-6a-1310 shall be remitted:
6274          (i) 20% to the school district or private school that owns or contracts for the use of the
6275     school bus; and
6276          (ii) 80% in accordance with Subsection (1).
6277          (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer
6278     and deposited into the General Fund.
6279          (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
6280     court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
6281     and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
6282     Council, shall be paid to the state treasurer and allocated to the Department of Transportation
6283     for class B and class C roads.
6284          (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) is

6285     supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
6286     same manner as other class B and class C road funds.
6287          (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
6288     under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
6289          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
6290          (ii) 40% in accordance with Subsection (1).
6291          (b) Fines and forfeitures collected by the court for a second or subsequent violation
6292     under Subsection 72-7-409(6)(d) shall be remitted:
6293          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
6294          (ii) 50% in accordance with Subsection (1).
6295          Section 97. Section 79-1-103 is enacted to read:
6296          79-1-103. Coordination council.
6297          (1) There is created a coordination council that consists of:
6298          (a) the executive director of the department;
6299          (b) the executive director of the Department of Environmental Quality;
6300          (c) the commissioner of the Department of Agriculture and Food;
6301          (d) the director of the Public Lands Policy Coordinating Office; and
6302          (e) the director of the Office of Energy Development.
6303          (2) The coordination council shall:
6304          (a) rotate the position of chair among the members; and
6305          (b) meet at least monthly.
6306          (3) The coordination council shall discuss methods to enhance the coordination of
6307     regulation and services of the five entities.
6308          Section 98. Section 79-2-201 is amended to read:
6309          79-2-201. Department of Natural Resources created.
6310          (1) There is created the Department of Natural Resources.
6311          (2) The department comprises the following:
6312          (a) Board of Water Resources, created in Section 73-10-1.5;

6313          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
6314          (c) Board of State Parks [and Recreation], created in Section 79-4-301;
6315          (d) Office of Energy Development, created in Section 79-6-401.
6316          [(d)] (e) Wildlife Board, created in Section 23-14-2;
6317          [(e)] (f) Board of the Utah Geological Survey, created in Section 79-3-301;
6318          [(f)] (g) Water Development Coordinating Council, created in Section 73-10c-3;
6319          (h) Utah Outdoor Recreation Grant Advisory Committee, created in Section 79-8-105;
6320          (i) Home Energy Information Advisory Committee, created in Section 79-6-805;
6321          [(g)] (j) Division of Water Rights, created in Section 73-2-1.1;
6322          [(h)] (k) Division of Water Resources, created in Section 73-10-18;
6323          [(i)] (l) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
6324          [(j)] (m) Division of Oil, Gas, and Mining, created in Section 40-6-15;
6325          [(k)] (n) Division of State Parks [and Recreation], created in Section 79-4-201;
6326          (o) Division of Recreation, created in Section 79-7-201;
6327          [(l)] (p) Division of Wildlife Resources, created in Section 23-14-1;
6328          [(m)] (q) Utah Geological Survey, created in Section 79-3-201;
6329          [(n)] (r) Heritage Trees Advisory Committee, created in Section 65A-8-306;
6330          [(o)] (s) Recreational Trails Advisory Council, authorized by Section 79-5-201;
6331          [(p)] (t) Boating Advisory Council, authorized by Section 73-18-3.5;
6332          [(q)] (u) Wildlife Board Nominating Committee, created in Section 23-14-2.5;
6333          [(r)] (v) Wildlife Regional Advisory Councils, created in Section 23-14-2.6;
6334          [(s)] (w) Utah Watersheds Council, created in Section 73-10g-304; and
6335          [(t)] (x) Utah Natural Resources Legacy Fund Board, created in Section 23-31-202.
6336          Section 99. Section 79-2-206 is enacted to read:
6337          79-2-206. Transition -- Study.
6338          (1) In accordance with this bill, the Department of Natural Resources assumes the
6339     policymaking functions, regulatory, and enforcement powers, rights, and duties of the Office of
6340     Energy Development existing on June 30, 2021.

6341          (2) (a) Rules issued by the Office of Energy Development that are in effect on June 30,
6342     2021, are not modified by this bill and remain in effect until modified by the Department of
6343     Natural Resources, except that the agency administrating the rule shall be transferred to the
6344     Department of Natural Resources in the same manner as the statutory responsibility is
6345     transferred under this bill.
6346          (b) Rules issued by the Board of Parks and Recreation that are in effect on June 30,
6347     2021, are not modified by this bill and remain in effect until modified by the appropriate entity
6348     within the Department of Natural Resources, except that the agency administrating the rule
6349     shall be transferred to the appropriate entity within the Department of Natural Resources in the
6350     same manner as the statutory responsibility is transferred under this bill.
6351          (3) A grant, contract, or agreement in effect on June 30, 2021, that is entered into by or
6352     issued by the Office of Energy Development remains in effect, except that:
6353          (a) the agency administrating the grant, contract, or agreement shall be transferred to
6354     the Department of Natural Resources in the same manner as the statutory responsibility is
6355     transferred under this bill; and
6356          (b) the grant, contract, or agreement may be terminated under the terms of the grant,
6357     contract, or agreement.
6358          (4) A grant that is entered into or issued by the Utah Office of Outdoor Recreation
6359     remains in effect, except that:
6360          (a) except for an outdoor recreational infrastructure grant, the agency administrating
6361     the grant shall be transferred to the Division of Recreation in the same manner as the statutory
6362     responsibility is transferred under this bill; and
6363          (b) the grant may be terminated under the terms of the grant.
6364          (5) (a) The Governor's Office of Management and Budget shall submit
6365     recommendations to the Natural Resources, Agriculture, and Environment Interim Committee
6366     by no later than the November 2021 interim meeting of the committee regarding possible
6367     restructuring to improve coordination between the Department of Natural Resources and the
6368     following:

6369          (i) the Department of Environmental Quality;
6370          (ii) the Division of Public Utilities;
6371          (iii) the Office of Consumer Services; and
6372          (iv) the Office of Rural Development.
6373          (b) In conducting the study under this Subsection (5), the Governor's Office of
6374     Management and Budget shall incorporate public feedback into forming the recommendations,
6375     including:
6376          (i) holding at least two public meetings and listening sessions; and
6377          (ii) publishing draft recommendations a minimum of 30 days before the November
6378     2021 interim meeting to provide a comment period on the draft recommendations with
6379     adequate time for considering feedback and revisions to the recommendations.
6380          Section 100. Section 79-4-101 is amended to read:
6381     
CHAPTER 4. STATE PARKS

6382     
Part 1. General Provisions

6383          79-4-101. Title.
6384          This chapter is known as "State Parks [and Recreation]."
6385          Section 101. Section 79-4-102 is amended to read:
6386          79-4-102. Definitions.
6387          (1) "Board" means the Board of State Parks [and Recreation].
6388          (2) "Division" means the Division of State Parks [and Recreation].
6389          Section 102. Section 79-4-201 is amended to read:
6390          79-4-201. Division of State Parks -- Creation -- Powers and authority.
6391          (1) There is created within the department the Division of State Parks [and Recreation].
6392          (2) The division is under:
6393          (a) the administration and general supervision of the executive director; and
6394          (b) the policy direction of the board.
6395          (3) The division is the state parks [and recreation] authority for the state.
6396          Section 103. Section 79-4-202 is amended to read:

6397          79-4-202. Director -- Qualifications -- Duties.
6398          (1) The director is the executive and administrative head of the division.
6399          (2) The director shall demonstrate:
6400          (a) executive ability; and
6401          (b) actual experience and training in the conduct of park [and recreational] systems
6402     involving both physical development and program.
6403          (3) The director shall:
6404          (a) enforce the policies and rules of the board; and
6405          (b) perform the duties necessary to:
6406          (i) properly care for and maintain any property under the jurisdiction of the division;
6407     and
6408          (ii) carry out this chapter.
6409          (4) The director shall acquire, plan, protect, develop, operate, use, and maintain park
6410     area and facilities in accordance with the policies and rules of the board.
6411          Section 104. Section 79-4-203 is amended to read:
6412          79-4-203. Powers and duties of division.
6413          (1) As used in this section, "real property" includes land under water, upland, and all
6414     other property commonly or legally defined as real property.
6415          (2) The Division of Wildlife Resources shall retain the power and jurisdiction
6416     conferred upon [it] the Division of Wildlife Resources by law within state parks and on
6417     property controlled by the Division of State Parks [and Recreation] with reference to fish and
6418     game.
6419          (3) The division shall permit multiple use of state parks and property controlled by [it]
6420     the division for purposes such as grazing, fishing, hunting, camping, mining, and the
6421     development and utilization of water and other natural resources.
6422          (4) (a) The division may acquire real and personal property in the name of the state by
6423     all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
6424     or otherwise, subject to the approval of the executive director and the governor.

6425          (b) In acquiring any real or personal property, the credit of the state may not be pledged
6426     without the consent of the Legislature.
6427          (5) (a) Before acquiring any real property, the division shall notify the county
6428     legislative body of the county where the property is situated of its intention to acquire the
6429     property.
6430          (b) If the county legislative body requests a hearing within 10 days of receipt of the
6431     notice, the division shall hold a public hearing in the county concerning the matter.
6432          (6) Acceptance of gifts or devises of land or other property is at the discretion of the
6433     division, subject to the approval of the executive director and the governor.
6434          (7) The division shall acquire property by eminent domain in the manner authorized by
6435     Title 78B, Chapter 6, Part 5, Eminent Domain.
6436          (8) (a) The division may make charges for special services and use of facilities, the
6437     income from which is available for park [and recreation] purposes.
6438          (b) The division may conduct and operate those services necessary for the comfort and
6439     convenience of the public.
6440          (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
6441     parks and property to persons, partnerships, and corporations for a valuable consideration upon
6442     the recommendation of the board.
6443          (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
6444     selecting concessionaires.
6445          (10) The division shall proceed without delay to negotiate with the federal government
6446     concerning the Weber Basin and other recreation and reclamation projects.
6447          (11) The division shall receive and distribute voluntary contributions collected under
6448     Section 41-1a-422 in accordance with Section 79-4-404.
6449          Section 105. Section 79-4-204 is amended to read:
6450          79-4-204. Division authorized to enter into contracts and agreements.
6451          (1) The division, with the approval of the executive director and the governor, may
6452     enter into contracts and agreements with the United States, a United States agency, any other

6453     department or agency of the state, semipublic organizations, and with private individuals to:
6454          (a) improve and maintain state parks [and recreational grounds] and the areas
6455     administered by the division; and
6456          (b) secure labor, quarters, materials, services, or facilities according to procedures
6457     established by the Division of Finance.
6458          (2) All departments, agencies, officers, and employees of the state shall give to the
6459     division the consultation and assistance that the division may reasonably request.
6460          Section 106. Section 79-4-301 is amended to read:
6461          79-4-301. Board of State Parks -- Creation -- Functions.
6462          (1) There is created within the department a Board of State Parks [and Recreation].
6463          (2) The board is the policy-making body of the division.
6464          Section 107. Section 79-4-302 is amended to read:
6465          79-4-302. Board appointment and terms of members -- Expenses.
6466          (1) (a) The board is composed of nine members appointed in accordance with Title
6467     63G, Chapter 24, Part 2, Vacancies, by the governor, with the advice and consent of the Senate,
6468     to four-year terms.
6469          (b) In addition to the requirements of Section 79-2-203, the governor shall:
6470          (i) appoint one member from each judicial district and one member from the public at
6471     large;
6472          (ii) ensure that not more than five members are from the same political party; and
6473          (iii) appoint persons who have an understanding of and demonstrated interest in parks
6474     [and recreation].
6475          (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
6476     adjust the length of terms to ensure that the terms of board members are staggered so that
6477     approximately half of the board is appointed every two years.
6478          (2) When vacancies occur because of death, resignation, or other cause, the governor,
6479     with the consent of the Senate, shall:
6480          (a) appoint a person to complete the unexpired term of the person whose office was

6481     vacated; and
6482          (b) if the person was appointed from a judicial district, appoint the replacement from
6483     the judicial district from which the person whose office has become vacant was appointed.
6484          (3) The board shall appoint its chair from its membership.
6485          (4) A member may not receive compensation or benefits for the member's service, but
6486     may receive per diem and travel expenses in accordance with:
6487          (a) Section 63A-3-106;
6488          (b) Section 63A-3-107; and
6489          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6490     63A-3-107.
6491          (5) A member shall comply with the conflict of interest provisions described in Title
6492     63G, Chapter 24, Part 3, Conflicts of Interest.
6493          Section 108. Section 79-4-401 is amended to read:
6494          79-4-401. Funds to be appropriated -- Boating account expenses.
6495          [(1)] The Legislature shall appropriate [such funds] the money as from time to time
6496     necessary to carry out the purposes of this chapter to the division to be used by the division in
6497     the administration of the powers and duties and in carrying out the objective and purposes
6498     prescribed by this chapter.
6499          [(2) It is the intent of the Legislature that all departmental operating and administrative
6500     expenses for the administration of the boating account of the division shall be charged against
6501     that account.]
6502          Section 109. Section 79-4-502 is amended to read:
6503          79-4-502. Violations of rules.
6504          Unless otherwise provided in this title, a violation of [any] a rule of the Board of State
6505     Parks [and Recreation] is an infraction.
6506          Section 110. Section 79-5-102 is amended to read:
6507          79-5-102. Definitions.
6508          As used in this chapter:

6509          [(1) "Board" means the Board of Parks and Recreation.]
6510          (1) "Commission" means the Outdoor Adventure Commission.
6511          (2) "Council" means the Recreational Trails Advisory Council.
6512          (3) "Division" means the Division of [Parks and] Recreation.
6513          (4) "Recreational trail" or "trail" means a multi-use path used for:
6514          (a) muscle-powered activities, including:
6515          (i) bicycling;
6516          (ii) cross-country skiing;
6517          (iii) walking;
6518          (iv) jogging; and
6519          (v) horseback riding; and
6520          (b) uses compatible with the uses described in Subsection (4)(a), including the use of
6521     an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102.
6522          Section 111. Section 79-5-201 is amended to read:
6523          79-5-201. Recreational Trails Advisory Council.
6524          (1) The division shall establish a Recreational Trails Advisory Council.
6525          (2) The council shall advise and make recommendations to the [board and] division
6526     regarding:
6527          (a) trails to be established;
6528          (b) facilities to be constructed;
6529          (c) development costs;
6530          (d) modes of travel permitted;
6531          (e) law enforcement;
6532          (f) selection of rights-of-way;
6533          (g) interlocal agreements;
6534          (h) selection of signs and markers;
6535          (i) the general administration of trails;
6536          (j) distribution of matching funds pursuant to Section 79-5-501; and

6537          (k) future funding mechanisms for trail development.
6538          Section 112. Section 79-5-501 is amended to read:
6539          79-5-501. Grants -- Matching funds requirements -- Rules.
6540          (1) (a) The [board] division, after consultation with the commission, may give grants to
6541     federal government agencies, state agencies, or local governments for the planning, acquisition,
6542     and development of trails within the state's recreational trail system with funds appropriated by
6543     the Legislature for that purpose.
6544          (b) (i) Each grant recipient must provide matching funds having a value that is equal to
6545     or greater than the grant funds received.
6546          (ii) The [board] division may allow a grant recipient to provide property, material, or
6547     labor in lieu of money, provided the grant recipient's contribution has a value that is equal to or
6548     greater than the grant funds received.
6549          (2) The [board] division, after consultation with the commission, shall:
6550          (a) make rules setting forth procedures and criteria for the awarding of grants for
6551     recreational trails; and
6552          (b) determine to whom grant funds shall be awarded after considering the
6553     recommendations of and after consulting with the council and the division.
6554          (3) Rules for the awarding of grants for recreational trails shall provide that:
6555          (a) each grant applicant must solicit public comment on the proposed recreational trail
6556     and submit a summary of that comment to the division;
6557          (b) each trail project for which grant funds are awarded must conform to the criteria
6558     and guidelines specified in Sections 79-5-103, 79-5-301, and 79-5-302; and
6559          (c) trail proposals that include a plan to provide employment opportunities for youth,
6560     including at-risk youth, in the development of the trail is encouraged.
6561          (4) As used in this section, "at-risk youth" means youth who:
6562          (a) are subject to environmental forces, such as poverty or family dysfunction, that may
6563     make them vulnerable to family, school, or community problems;
6564          (b) perform poorly in school or have failed to complete high school;

6565          (c) exhibit behaviors that have the potential to harm themselves or others in the
6566     community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
6567          (d) have already engaged in behaviors harmful to themselves or others in the
6568     community.
6569          Section 113. Section 79-6-101, which is renumbered from Section 63M-4-101 is
6570     renumbered and amended to read:
6571     
CHAPTER 6. UTAH ENERGY ACT

6572     
Part 1. General Provisions

6573          [63M-4-101].      79-6-101. Title.
6574          This chapter is known as the "Utah Energy Act."
6575          Section 114. Section 79-6-102, which is renumbered from Section 63M-4-102 is
6576     renumbered and amended to read:
6577          [63M-4-102].      79-6-102. Definitions.
6578          As used in this chapter:
6579          (1) "Appointing authority" means:
6580          (a) on and before June 30, 2029, the governor; and
6581          (b) on and after July 1, 2029, the executive director.
6582          [(1)] (2) (a) ["Energy] On and before June 30, 2029, "energy advisor" means the
6583     governor's energy advisor appointed under Section [63M-4-401] 79-6-401.
6584          (b) On and after July 1, 2029, "energy advisor" means the energy advisor appointed by
6585     the executive director under Section 79-6-401.
6586          [(2)] (3) "Office" means the Office of Energy Development created in Section
6587     [63M-4-401] 79-6-401.
6588          [(3)] (4) "State agency" means an executive branch:
6589          (a) department;
6590          (b) agency;
6591          (c) board;
6592          (d) commission;

6593          (e) division; or
6594          (f) state educational institution.
6595          Section 115. Section 79-6-201, which is renumbered from Section 63M-4-201 is
6596     renumbered and amended to read:
6597     
Part 2. Energy Advisor

6598          [63M-4-201].      79-6-201. Advisor -- Duties.
6599          (1) (a) (i) [The] On and before June 30, 2029, the governor shall appoint an energy
6600     advisor.
6601          (ii) On and after July 1, 2029, the executive director shall appoint an energy advisor.
6602          (b) (i) The [governor's] energy advisor appointed by the governor serves at the pleasure
6603     of the governor.
6604          (ii) On and after July 1, 2029, the energy advisor serves at the pleasure of the executive
6605     director.
6606          (2) The [governor's] energy advisor shall:
6607          (a) advise the [governor] appointing authority on energy-related matters;
6608          (b) annually review and propose updates to the state's energy policy, as contained in
6609     Section [63M-4-301] 79-6-301;
6610          (c) promote as the [governor's energy advisor] appointing authority considers
6611     necessary:
6612          (i) the development of cost-effective energy resources both renewable and
6613     nonrenewable; and
6614          (ii) educational programs, including programs supporting conservation and energy
6615     efficiency measures;
6616          (d) coordinate across state agencies to assure consistency with state energy policy,
6617     including:
6618          (i) working with the State Energy Program to promote access to federal assistance for
6619     energy-related projects for state agencies and members of the public;
6620          (ii) working with the Division of Emergency Management to assist the governor in

6621     carrying out the governor's energy emergency powers under Title 53, Chapter 2a, Part 10,
6622     Energy Emergency Powers of the Governor Act;
6623          (iii) participating in the annual review of the energy emergency plan and the
6624     maintenance of the energy emergency plan and a current list of contact persons required by
6625     Section 53-2a-902; and
6626          (iv) identifying and proposing measures necessary to facilitate low-income consumers'
6627     access to energy services;
6628          (e) coordinate with the Division of Emergency Management ongoing activities
6629     designed to test an energy emergency plan to ensure coordination and information sharing
6630     among state agencies and political subdivisions in the state, public utilities and other energy
6631     suppliers, and other relevant public sector persons as required by Sections 53-2a-902,
6632     53-2a-1004, 53-2a-1008, and 53-2a-1010;
6633          (f) coordinate with requisite state agencies to study:
6634          (i) the creation of a centralized state repository for energy-related information;
6635          (ii) methods for streamlining state review and approval processes for energy-related
6636     projects; and
6637          (iii) the development of multistate energy transmission and transportation
6638     infrastructure;
6639          (g) coordinate energy-related regulatory processes within the state;
6640          (h) compile, and make available to the public, information about federal, state, and
6641     local approval requirements for energy-related projects;
6642          (i) act as the state's advocate before federal and local authorities for energy-related
6643     infrastructure projects or coordinate with the appropriate state agency; and
6644          (j) help promote the Division of Facilities Construction and Management's measures to
6645     improve energy efficiency in state buildings.
6646          (3) The [governor's] energy advisor has standing to testify on behalf of the governor at
6647     the Public Service Commission created in Section 54-1-1.
6648          Section 116. Section 79-6-202, which is renumbered from Section 63M-4-202 is

6649     renumbered and amended to read:
6650          [63M-4-202].      79-6-202. Agency cooperation.
6651          A state agency shall provide the [state] energy [officer] advisor with any energy-related
6652     information requested by the [governor's] energy advisor if the [governor's] energy advisor's
6653     request is consistent with other law.
6654          Section 117. Section 79-6-203, which is renumbered from Section 63M-4-203 is
6655     renumbered and amended to read:
6656          [63M-4-203].      79-6-203. Reports.
6657          (1) The [governor's] energy advisor shall report annually to:
6658          (a) the [governor] appointing authority; and
6659          (b) the Natural Resources, Agriculture, and Environment Interim Committee.
6660          (2) The report required in Subsection (1) shall:
6661          (a) summarize the status and development of the state's energy resources;
6662          (b) summarize the activities and accomplishments of the Office of Energy
6663     Development;
6664          (c) address the [governor's] energy advisor's activities under this part; and
6665          (d) recommend any energy-related executive or legislative action the [governor's]
6666     energy advisor considers beneficial to the state, including updates to the state energy policy
6667     under Section [63M-4-301] 79-6-301.
6668          Section 118. Section 79-6-301, which is renumbered from Section 63M-4-301 is
6669     renumbered and amended to read:
6670     
Part 3. State Energy Policy

6671          [63M-4-301].      79-6-301. State energy policy.
6672          (1) It is the policy of the state that:
6673          (a) Utah shall have adequate, reliable, affordable, sustainable, and clean energy
6674     resources;
6675          (b) Utah will promote the development of:
6676          (i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and oil

6677     sands;
6678          (ii) renewable energy resources, including geothermal, solar, wind, biomass, biofuel,
6679     and hydroelectric;
6680          (iii) nuclear power generation technologies certified for use by the United States
6681     Nuclear Regulatory Commission including molten salt reactors producing medical isotopes;
6682          (iv) alternative transportation fuels and technologies;
6683          (v) infrastructure to facilitate energy development, diversified modes of transportation,
6684     greater access to domestic and international markets for Utah's resources, and advanced
6685     transmission systems;
6686          (vi) energy storage and other advanced energy systems; and
6687          (vii) increased refinery capacity;
6688          (c) Utah will promote the development of resources and infrastructure sufficient to
6689     meet the state's growing demand, while contributing to the regional and national energy supply,
6690     thus reducing dependence on international energy sources;
6691          (d) Utah will allow market forces to drive prudent use of energy resources, although
6692     incentives and other methods may be used to ensure the state's optimal development and use of
6693     energy resources in the short- and long-term;
6694          (e) Utah will pursue energy conservation, energy efficiency, and environmental quality;
6695          (f) (i) state regulatory processes should be streamlined to balance economic costs with
6696     the level of review necessary to ensure protection of the state's various interests; and
6697          (ii) where federal action is required, Utah will encourage expedited federal action and
6698     will collaborate with federal agencies to expedite review;
6699          (g) Utah will maintain an environment that provides for stable consumer prices that are
6700     as low as possible while providing producers and suppliers a fair return on investment,
6701     recognizing that:
6702          (i) economic prosperity is linked to the availability, reliability, and affordability of
6703     consumer energy supplies; and
6704          (ii) investment will occur only when adequate financial returns can be realized; and

6705          (h) Utah will promote training and education programs focused on developing a
6706     comprehensive understanding of energy, including:
6707          (i) programs addressing:
6708          (A) energy conservation;
6709          (B) energy efficiency;
6710          (C) supply and demand; and
6711          (D) energy related workforce development; and
6712          (ii) energy education programs in grades K-12.
6713          (2) State agencies are encouraged to conduct agency activities consistent with
6714     Subsection (1).
6715          (3) A person may not file suit to challenge a state agency's action that is inconsistent
6716     with Subsection (1).
6717          Section 119. Section 79-6-302, which is renumbered from Section 63M-4-302 is
6718     renumbered and amended to read:
6719          [63M-4-302].      79-6-302. Legislative committee review.
6720          The Natural Resources, Agriculture, and Environment Interim Committee and the
6721     Public Utilities, Energy, and Technology Interim Committee shall review the state energy
6722     policy annually and propose any changes to the Legislature.
6723          Section 120. Section 79-6-401, which is renumbered from Section 63M-4-401 is
6724     renumbered and amended to read:
6725     
Part 4. Office of Energy Development

6726          [63M-4-401].      79-6-401. Office of Energy Development -- Creation --
6727     Director -- Purpose -- Rulemaking regarding confidential information -- Fees --
6728     Transition for employees.
6729          (1) There is created an Office of Energy Development in the Department of Natural
6730     Resources.
6731          (2) (a) The [governor's] energy advisor shall serve as the director of the office or, on or
6732     before June 30, 2029, appoint a director of the office.

6733          (b) The director:
6734          (i) shall, if the [governor's] energy advisor appoints a director under Subsection (2)(a),
6735     report to the [governor's] energy advisor; and
6736          (ii) may appoint staff as funding within existing budgets allows.
6737          (c) The office may consolidate energy staff and functions existing in the state energy
6738     program.
6739          (3) The purposes of the office are to:
6740          (a) serve as the primary resource for advancing energy and mineral development in the
6741     state;
6742          (b) implement:
6743          (i) the state energy policy under Section [63M-4-301] 79-6-301; and
6744          (ii) the governor's energy and mineral development goals and objectives;
6745          (c) advance energy education, outreach, and research, including the creation of
6746     elementary, higher education, and technical college energy education programs;
6747          (d) promote energy and mineral development workforce initiatives; and
6748          (e) support collaborative research initiatives targeted at Utah-specific energy and
6749     mineral development.
6750          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
6751     Funds Procedures Act, the office may:
6752          (a) seek federal grants or loans;
6753          (b) seek to participate in federal programs; and
6754          (c) in accordance with applicable federal program guidelines, administer federally
6755     funded state energy programs.
6756          (5) The office shall perform the duties required by Sections 11-42a-106, 59-5-102,
6757     59-7-614.7, 59-10-1029, Part 5, Alternative Energy Development Tax Credit Act, and Part 6,
6758     High Cost Infrastructure Development Tax Credit Act.
6759          (6) (a) For purposes of administering this section, the office may make rules, by
6760     following [the procedures and requirements of] Title 63G, Chapter 3, Utah Administrative

6761     Rulemaking Act, to maintain as confidential, and not as a public record, information that the
6762     office receives from any source.
6763          (b) The office shall maintain information the office receives from any source at the
6764     level of confidentiality assigned by the source.
6765          (7) The office may charge application, filing, and processing fees in amounts
6766     determined by the office in accordance with Section 63J-1-504 as dedicated credits for
6767     performing office duties described in this part.
6768          (8) (a) An employee of the office is an at-will employee.
6769          (b) For an employee of the office on July 1, 2021, the employee shall have the same
6770     salary and benefit options the employee had when the office was part of the office of the
6771     governor.
6772          Section 121. Section 79-6-402, which is renumbered from Section 63M-4-402 is
6773     renumbered and amended to read:
6774          [63M-4-402].      79-6-402. In-state generator need -- Merchant electric
6775     transmission line.
6776          (1) As used in this section:
6777          (a) "Capacity allocation process" means the process outlined by the Federal Energy
6778     Regulatory Commission in its final policy statement dated January 17, 2013, "Allocation of
6779     Capacity on New Merchant Transmission Projects and New Cost-Based, Participant-Funded
6780     Transmission Projects, Priority Rights to New Participant-Funded Transmission," 142 F.E.R.C.
6781     P61,038 (2013).
6782          (b) "Certificate of in-state need" means a certificate issued by the office in accordance
6783     with this section identifying an in-state generator that meets the requirements and qualifications
6784     of this section.
6785          (c) "Expression of need" means a document prepared and submitted to the office by an
6786     in-state merchant generator that describes or otherwise documents the transmission needs of
6787     the in-state merchant generator in conformance with the requirements of this section.
6788          (d) "In-state merchant generator" means an electric power provider that generates

6789     power in Utah and does not provide service to retail customers within the boundaries of Utah.
6790          (e) "Merchant electric transmission line" means a transmission line that does not
6791     provide electricity to retail customers within the boundaries of Utah.
6792          (f) "Office" means the Office of Energy Development established in Section
6793     [63M-4-401] 79-6-401.
6794          (g) "Open solicitation notice" means a document prepared and submitted to the office
6795     by a merchant electric transmission line regarding the commencement of the line's open
6796     solicitation in compliance with 142 F.E.R.C. P61,038 (2013).
6797          (2) As part of the capacity allocation process, a merchant electric transmission line
6798     shall file an open solicitation notice with the office containing a description of the merchant
6799     electric transmission line, including:
6800          (a) the proposed capacity;
6801          (b) the location of potential interconnection for in-state merchant generators;
6802          (c) the planned date for commencement of construction; and
6803          (d) the planned commercial operations date.
6804          (3) Upon receipt of the open solicitation notice, the office shall:
6805          (a) publish the notice on the Utah Public Notice Website created under Section
6806     63F-1-701;
6807          (b) include in the notice contact information; and
6808          (c) provide the deadline date for submission of an expression of need.
6809          (4) (a) In response to the open solicitation notice published by the office, and no later
6810     than 30 days after publication of the notice, an in-state merchant generator may submit an
6811     expression of need to the office.
6812          (b) An expression of need submitted under Subsection (4)(a) shall include:
6813          (i) a description of the in-state merchant generator; and
6814          (ii) a schedule of transmission capacity requirement provided in megawatts, by point of
6815     receipt and point of delivery and by operating year.
6816          (5) No later than 60 days after notice is published under Subsection (3), the office shall

6817     prepare a certificate of in-state need identifying the in-state merchant generators.
6818          (6) Within five days of preparing the certificate of in-state need, the office shall:
6819          (a) publish the certificate on the Utah Public Notice Website created under Section
6820     63F-1-701; and
6821          (b) provide the certificate to the merchant electric transmission line for consideration in
6822     the capacity allocation process.
6823          (7) The merchant electric transmission line shall:
6824          (a) provide the Federal Energy Regulatory Commission with a copy of the certificate of
6825     in-state need; and
6826          (b) certify that the certificate is being provided to the Federal Energy Regulatory
6827     Commission in accordance with the requirements of this section, including a citation to this
6828     section.
6829          (8) At the conclusion of the capacity allocation process, and unless prohibited by a
6830     contractual obligation of confidentiality, the merchant electric transmission line shall report to
6831     the office whether a merchant in-state generator reflected on the certificate of in-state need has
6832     entered into a transmission service agreement with the merchant electric transmission line.
6833          (9) This section may not be interpreted to:
6834          (a) create an obligation of a merchant electric transmission line to pay for, or construct
6835     any portion of, the transmission line on behalf of an in-state merchant generator; or
6836          (b) preempt, supersede, or otherwise conflict with Federal Energy Regulatory
6837     Commission rules and regulations applicable to a commercial transmission agreement,
6838     including agreements, or terms of agreements, as to cost, terms, transmission capacity, or key
6839     rates.
6840          (10) Subsections (2) through (9) do not apply to a project entity as defined in Section
6841     11-13-103.
6842          Section 122. Section 79-6-501, which is renumbered from Section 63M-4-501 is
6843     renumbered and amended to read:
6844     
Part 5. Alternative Energy Development Tax Credit Act


6845          [63M-4-501].      79-6-501. Title.
6846          This part is known as the "Alternative Energy Development Tax Credit Act."
6847          Section 123. Section 79-6-502, which is renumbered from Section 63M-4-502 is
6848     renumbered and amended to read:
6849          [63M-4-502].      79-6-502. Definitions.
6850          As used in this part:
6851          (1) "Alternative energy" [is as] means the same as that term is defined in Section
6852     59-12-102.
6853          (2) (a) "Alternative energy entity" means a person that:
6854          (i) conducts business within the state; and
6855          (ii) enters into an agreement with the office that qualifies the person to receive a tax
6856     credit.
6857          (b) "Alternative energy entity" includes a pass-through entity taxpayer, as defined in
6858     Section 59-10-1402, of a person described in Subsection (2)(a).
6859          (3) "Alternative energy project" means a project produced by an alternative energy
6860     entity if that project involves:
6861          (a) a new or expanding operation in the state; and
6862          (b) (i) utility-scale alternative energy generation; or
6863          (ii) the extraction of alternative fuels.
6864          (4) "New incremental job within the state" means, with respect to an alternative energy
6865     entity, an employment position that:
6866          (a) did not exist within the state before:
6867          (i) the alternative energy entity entered into an agreement with the office in accordance
6868     with Section [63M-4-503] 79-6-503; and
6869          (ii) the alternative energy project began;
6870          (b) is not shifted from one location in the state to another location in the state; and
6871          (c) is established to the satisfaction of the office, including by amounts paid or
6872     withheld by the alternative energy entity under Title 59, Chapter 10, Individual Income Tax

6873     Act.
6874          (5) "New state revenues" means an increased amount of tax revenues generated as a
6875     result of an alternative energy project by an alternative energy entity or a new incremental job
6876     within the state under the following:
6877          (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
6878          (b) Title 59, Chapter 10, Individual Income Tax Act; and
6879          (c) Title 59, Chapter 12, Sales and Use Tax Act.
6880          (6) "Office" [is as defined] means the Office of Energy Development created in Section
6881     [63M-4-401] 79-6-401.
6882          (7) "Tax credit" means a tax credit under Section 59-7-614.7 or 59-10-1029.
6883          (8) "Tax credit applicant" means an alternative energy entity that applies to the office
6884     to receive a tax credit certificate under this part.
6885          (9) "Tax credit certificate" means a certificate issued by the office that:
6886          (a) lists the name of the tax credit certificate recipient;
6887          (b) lists the tax credit certificate recipient's taxpayer identification number;
6888          (c) lists the amount of the tax credit certificate recipient's tax credits authorized under
6889     this part for a taxable year; and
6890          (d) includes other information as determined by the office.
6891          (10) "Tax credit certificate recipient" means an alternative energy entity that receives a
6892     tax credit certificate for a tax credit in accordance with this part.
6893          Section 124. Section 79-6-503, which is renumbered from Section 63M-4-503 is
6894     renumbered and amended to read:
6895          [63M-4-503].      79-6-503. Tax credits.
6896          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6897     the office shall make rules establishing standards an alternative energy entity shall meet to
6898     qualify for a tax credit.
6899          (b) Before the office enters into an agreement described in Subsection (2) with an
6900     alternative energy entity, the office, in consultation with other state agencies as necessary, shall

6901     certify:
6902          (i) that the alternative energy entity plans to produce in the state at least:
6903          (A) two megawatts of electricity;
6904          (B) 1,000 barrels per day if the alternative energy project is a crude oil equivalent
6905     production; or
6906          (C) 250 barrels per day if the alternative energy project is a biomass energy fuel
6907     production;
6908          (ii) that the alternative energy project will generate new state revenues;
6909          (iii) the economic life of the alternative energy project produced by the alternative
6910     energy entity;
6911          (iv) that the alternative energy entity meets the requirements of Section [63M-4-504]
6912     79-6-504; and
6913          (v) that the alternative energy entity has received a certificate of existence from the
6914     Division of Corporations and Commercial Code.
6915          (2) If an alternative energy entity meets the requirements of this part to receive a tax
6916     credit, the office shall enter into an agreement with the alternative energy entity to authorize the
6917     tax credit in accordance with Subsection (3).
6918          (3) (a) Subject to Subsection (3)(b), if the office expects that the time from the
6919     commencement of construction until the end of the economic life of the alternative energy
6920     project is 20 years or more:
6921          (i) the office shall grant a tax credit for the lesser of:
6922          (A) the economic life of the alternative energy project; or
6923          (B) 20 years; and
6924          (ii) the tax credit is equal to 75% of new state revenues generated by the alternative
6925     energy project.
6926          (b) For a taxable year, a tax credit under this section may not exceed the new state
6927     revenues generated by an alternative energy project during that taxable year.
6928          (4) An alternative energy entity that seeks to receive a tax credit or has entered into an

6929     agreement described in Subsection (2) with the office shall:
6930          (a) annually file a report with the office showing the new state revenues generated by
6931     the alternative energy project during the taxable year for which the alternative energy entity
6932     seeks to receive a tax credit under Section 59-7-614.7 or 59-10-1029;
6933          (b) subject to Subsection (5), annually file a report with the office prepared by an
6934     independent certified public accountant verifying the new state revenue described in
6935     Subsection (4)(a);
6936          (c) subject to Subsection (5), file a report with the office at least every four years
6937     prepared by an independent auditor auditing the new state revenue described in Subsection
6938     (4)(a);
6939          (d) provide the office with information required by the office to certify the economic
6940     life of the alternative energy project produced by the alternative energy entity, which may
6941     include a power purchase agreement, a lease, or a permit; and
6942          (e) retain records supporting a claim for a tax credit for at least four years after the
6943     alternative energy entity claims a tax credit under Section 59-7-614.7 or 59-10-1029.
6944          (5) An alternative energy entity for which a report is prepared under Subsection (4)(b)
6945     or (c) shall pay the costs of preparing the report.
6946          (6) The office shall annually certify the new state revenues generated by an alternative
6947     energy project for a taxable year for which an alternative energy entity seeks to receive a tax
6948     credit under Section 59-7-614.7 or 59-10-1029.
6949          Section 125. Section 79-6-504, which is renumbered from Section 63M-4-504 is
6950     renumbered and amended to read:
6951          [63M-4-504].      79-6-504. Qualifications for tax credit -- Procedure.
6952          (1) The office shall certify an alternative energy entity's eligibility for a tax credit as
6953     provided in this section.
6954          (2) A tax credit applicant shall provide the office with:
6955          (a) an application for a tax credit certificate;
6956          (b) documentation that the tax credit applicant meets the standards and requirements

6957     described in Section [63M-4-503] 79-6-503 to the satisfaction of the office for the taxable year
6958     for which the tax credit applicant seeks to claim a tax credit; and
6959          (c) documentation that expressly directs and authorizes the State Tax Commission to
6960     disclose to the office the tax credit applicant's returns and other information concerning the tax
6961     credit applicant that would otherwise be subject to confidentiality under Section 59-1-403 or
6962     Section 6103, Internal Revenue Code.
6963          (3) (a) The office shall submit the documentation described in Subsection (2)(c) to the
6964     State Tax Commission.
6965          (b) Upon receipt of the documentation described in Subsection (2)(c), the State Tax
6966     Commission shall provide the office with the documentation described in Subsection (2)(c)
6967     requested by the office that the tax credit applicant directed and authorized the State Tax
6968     Commission to provide to the office.
6969          (4) If, after the office reviews the documentation described in Subsections (2) and (3),
6970     the office determines that the documentation supporting the tax credit applicant's claim for a
6971     tax credit is not substantially accurate, the office shall:
6972          (a) deny the tax credit; or
6973          (b) inform the tax credit applicant that the documentation supporting the tax credit
6974     applicant's claim for a tax credit was inadequate and ask the tax credit applicant to submit new
6975     documentation.
6976          (5) If, after the office reviews the documentation described in Subsections (2) and (3),
6977     the office determines that the documentation supporting the tax credit applicant's claim for a
6978     tax credit is substantially accurate, the office shall, on the basis of that documentation:
6979          (a) enter into the agreement described in Section [63M-4-503] 79-6-503;
6980          (b) issue a tax credit certificate to the tax credit applicant; and
6981          (c) provide a duplicate copy of the tax credit certificate described in Subsection (5)(b)
6982     to the State Tax Commission.
6983          (6) An alternative energy entity may not claim a tax credit under this part unless the
6984     alternative energy entity is a tax credit certificate recipient.

6985          (7) A tax credit certificate recipient that claims a tax credit shall retain the tax credit
6986     certificate in accordance with Subsection [63M-4-503] 79-6-503(4).
6987          Section 126. Section 79-6-505, which is renumbered from Section 63M-4-505 is
6988     renumbered and amended to read:
6989          [63M-4-505].      79-6-505. Report to the Legislature.
6990          The office shall annually provide an electronic report to the Public Utilities, Energy,
6991     and Technology Interim Committee, the Natural Resources, Agriculture, and Environment
6992     Interim Committee, and the Revenue and Taxation Interim Committee describing:
6993          (1) its success in attracting alternative energy projects to the state and the resulting
6994     increase in new state revenues under this part;
6995          (2) the amount of tax credits the office has granted or will grant and the time period
6996     during which the tax credits have been or will be granted; and
6997          (3) the economic impact on the state by comparing new state revenues to tax credits
6998     that have been or will be granted under this part.
6999          Section 127. Section 79-6-601, which is renumbered from Section 63M-4-601 is
7000     renumbered and amended to read:
7001     
Part 6. High Cost Infrastructure Development Tax Credit Act

7002          [63M-4-601].      79-6-601. Title.
7003          This part is known as the "High Cost Infrastructure Development Tax Credit Act."
7004          Section 128. Section 79-6-602, which is renumbered from Section 63M-4-602 is
7005     renumbered and amended to read:
7006          [63M-4-602].      79-6-602. Definitions.
7007          As used in this part:
7008          (1) "Applicant" means a person that conducts business in the state and that applies for a
7009     tax credit under this part.
7010          (2) "Fuel standard compliance project" means a project designed to retrofit a fuel
7011     refinery in order to make the refinery capable of producing fuel that complies with the United
7012     States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40

7013     C.F.R. Sec. 79.54.
7014          (3) "High cost infrastructure project" means a project:
7015          (a) (i) that expands or creates new industrial, mining, manufacturing, or agriculture
7016     activity in the state, not including a retail business;
7017          (ii) that involves new investment of at least $50,000,000 in an existing industrial,
7018     mining, manufacturing, or agriculture entity, by the entity; or
7019          (iii) for the construction of a plant or other facility, including a fueling station, for the
7020     storage, production, or distribution of hydrogen fuel used for transportation, electricity
7021     generation, or industrial use;
7022          (b) that requires or is directly facilitated by infrastructure construction; and
7023          (c) for which the cost of infrastructure construction to the entity creating the project is
7024     greater than:
7025          (i) 10% of the total cost of the project; or
7026          (ii) $10,000,000.
7027          (4) "Infrastructure" means:
7028          (a) an energy delivery project as defined in Section 63H-2-102;
7029          (b) a railroad as defined in Section 54-2-1;
7030          (c) a fuel standard compliance project;
7031          (d) a road improvement project;
7032          (e) a water self-supply project;
7033          (f) a water removal system project;
7034          (g) a solution-mined subsurface salt cavern; or
7035          (h) a project that is designed to:
7036          (i) increase the capacity for water delivery to a water user in the state; or
7037          (ii) increase the capability of an existing water delivery system or related facility to
7038     deliver water to a water user in the state.
7039          (5) (a) "Infrastructure cost-burdened entity" means an applicant that enters into an
7040     agreement with the office that qualifies the applicant to receive a tax credit as provided in this

7041     part.
7042          (b) "Infrastructure cost-burdened entity" includes a pass-through entity taxpayer, as
7043     defined in Section 59-10-1402, of a person described in Subsection (5)(a).
7044          (6) "Infrastructure-related revenue" means an amount of tax revenue, for an entity
7045     creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high
7046     cost infrastructure project, under:
7047          (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
7048          (b) Title 59, Chapter 10, Individual Income Tax Act; and
7049          (c) Title 59, Chapter 12, Sales and Use Tax Act.
7050          (7) "Office" means the Office of Energy Development created in Section [63M-4-401]
7051     79-6-401.
7052          (8) "Tax credit" means a tax credit under Section 59-7-619 or 59-10-1034.
7053          (9) "Tax credit certificate" means a certificate issued by the office to an infrastructure
7054     cost-burdened entity that:
7055          (a) lists the name of the infrastructure cost-burdened entity;
7056          (b) lists the infrastructure cost-burdened entity's taxpayer identification number;
7057          (c) lists, for a taxable year, the amount of the tax credit authorized for the infrastructure
7058     cost-burdened entity under this part; and
7059          (d) includes other information as determined by the office.
7060          Section 129. Section 79-6-603, which is renumbered from Section 63M-4-603 is
7061     renumbered and amended to read:
7062          [63M-4-603].      79-6-603. Tax credit -- Amount -- Eligibility -- Reporting.
7063          (1) Before the office enters into an agreement described in Subsection (3) with an
7064     applicant regarding a project, the office, in consultation with the Utah Energy Infrastructure
7065     Authority Board created in Section 63H-2-202, and other state agencies as necessary, shall, in
7066     accordance with the procedures described in Section [63M-4-604] 79-6-604, certify:
7067          (a) that the project meets the definition of a high cost infrastructure project under this
7068     part;

7069          (b) that the high cost infrastructure project will generate infrastructure-related revenue;
7070          (c) the economic life of the high cost infrastructure project; and
7071          (d) that the applicant has received a certificate of existence from the Division of
7072     Corporations and Commercial Code.
7073          (2) (a) Before the office enters into an agreement described in Subsection (3) with an
7074     applicant regarding a project, the Utah Energy Infrastructure Authority Board shall evaluate the
7075     project's benefit to the state, based on whether the project:
7076          (i) is likely to increase the property tax revenue for the municipality or county where
7077     the project will be located;
7078          (ii) would provide new infrastructure for an area where the type of infrastructure the
7079     project would create is underdeveloped;
7080          (iii) would have a positive environmental impact on the state;
7081          (iv) would upgrade or improve an existing entity in order to ensure the entity's
7082     continued operation and economic viability; and
7083          (v) is less likely to be completed without a tax credit issued to the applicant under this
7084     part.
7085          (b) The Utah Energy Infrastructure Authority Board may recommend that the office
7086     deny an applicant a tax credit if the applicant's project does not, as determined by the Utah
7087     Energy Infrastructure Authority Board, sufficiently benefit the state based on the criteria
7088     described in Subsection (2)(a).
7089          (3) Subject to the procedures described in Section [63M-4-604] 79-6-604, if an
7090     applicant meets the requirements of Subsection (1) to receive a tax credit, and the applicant's
7091     project receives a favorable recommendation from the Utah Energy Infrastructure Authority
7092     Board under Subsection (2), the office shall enter into an agreement with the applicant to
7093     authorize the tax credit in accordance with this part.
7094          (4) The office shall grant a tax credit to an infrastructure cost-burdened entity, for a
7095     high cost infrastructure project, under an agreement described in Subsection (3):
7096          (a) for the lesser of:

7097          (i) the economic life of the high cost infrastructure project;
7098          (ii) 20 years; or
7099          (iii) a time period, the first taxable year of which is the taxable year when the
7100     construction of the high cost infrastructure project begins and the last taxable year of which is
7101     the taxable year in which the infrastructure cost-burdened entity has recovered, through the tax
7102     credit, an amount equal to:
7103          (A) 50% of the cost of the infrastructure construction associated with the high cost
7104     infrastructure project; or
7105          (B) if the high cost infrastructure project is a fuel standard compliance project, 30% of
7106     the cost of the infrastructure construction associated with the high cost infrastructure project.
7107          (b) except as provided in Subsections (4)(a) and (d), in a total amount equal to 30% of
7108     the high cost infrastructure project's total infrastructure-related revenue over the time period
7109     described in Subsection (4)(a);
7110          (c) for a taxable year, in an amount that does not exceed the high cost infrastructure
7111     project's infrastructure-related revenue during that taxable year; and
7112          (d) if the high cost infrastructure project is a fuel standard compliance project, in a total
7113     amount that is:
7114          (i) determined by the Utah Energy Infrastructure Authority Board, based on:
7115          (A) the applicant's likelihood of completing the high cost infrastructure project without
7116     a tax credit; and
7117          (B) how soon the applicant plans to complete the high cost infrastructure project; and
7118          (ii) equal to or less than 30% of the high cost infrastructure project's total
7119     infrastructure-related revenue over the time period described in Subsection (4)(a).
7120          (5) An infrastructure cost-burdened entity shall, for each taxable year:
7121          (a) file a report with the office showing the high cost infrastructure project's
7122     infrastructure-related revenue during the taxable year;
7123          (b) subject to Subsection (7), file a report with the office that is prepared by an
7124     independent certified public accountant that verifies the infrastructure-related revenue

7125     described in Subsection (5)(a); and
7126          (c) provide the office with information required by the office to certify the economic
7127     life of the high cost infrastructure project.
7128          (6) An infrastructure cost-burdened entity shall retain records supporting a claim for a
7129     tax credit for the same period of time during which a person is required to keep books and
7130     records under Section 59-1-1406.
7131          (7) An infrastructure cost-burdened entity for which a report is prepared under
7132     Subsection (5)(b) shall pay the costs of preparing the report.
7133          (8) The office shall certify, for each taxable year, the infrastructure-related revenue
7134     generated by an infrastructure cost-burdened entity.
7135          Section 130. Section 79-6-604, which is renumbered from Section 63M-4-604 is
7136     renumbered and amended to read:
7137          [63M-4-604].      79-6-604. Tax credit -- Application procedure.
7138          (1) An applicant shall provide the office with:
7139          (a) an application for a tax credit certificate;
7140          (b) documentation that the applicant meets the requirements described in Subsection
7141     [63M-4-603] 79-6-603(1), to the satisfaction of the office, for the taxable year for which the
7142     applicant seeks to claim a tax credit; and
7143          (c) documentation that expressly directs and authorizes the State Tax Commission to
7144     disclose to the office the applicant's returns and other information concerning the applicant that
7145     would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal
7146     Revenue Code.
7147          (2) (a) The office shall, for an applicant, submit the documentation described in
7148     Subsection (1)(c) to the State Tax Commission.
7149          (b) Upon receipt of the documentation described in Subsection (1)(c), the State Tax
7150     Commission shall provide the office with the documentation described in Subsection (1)(c).
7151          (3) If, after the office reviews the documentation from the State Tax Commission
7152     under Subsection (2)(b) and the information the applicant submits to the office under Section

7153     [63M-4-603] 79-6-603, the office, in consultation with the Utah Energy Infrastructure
7154     Authority Board created in Section 63H-2-202, determines that the applicant is not eligible for
7155     the tax credit under Section [63M-4-603] 79-6-603, or that the applicant's documentation is
7156     inadequate, the office shall:
7157          (a) deny the tax credit; or
7158          (b) inform the applicant that the documentation supporting the applicant's claim for a
7159     tax credit was inadequate and request that the applicant supplement the applicant's
7160     documentation.
7161          (4) Except as provided in Subsection (5), if, after the office reviews the documentation
7162     described in Subsection (2)(b) and the information described in Subsection [63M-4-603]
7163     79-6-603(6), the office, in consultation with the Utah Energy Infrastructure Authority Board
7164     created in Section 63H-2-202, determines that the documentation supporting an applicant's
7165     claim for a tax credit adequately demonstrates that the applicant is eligible for the tax credit
7166     under Section [63M-4-603] 79-6-603, the office shall, on the basis of the documentation:
7167          (a) enter, with the applicant, into the agreement described in Subsection [63M-4-603]
7168     79-6-603(3);
7169          (b) issue a tax credit certificate to the applicant; and
7170          (c) provide a duplicate copy of the tax credit certificate described in Subsection (4)(b)
7171     to the State Tax Commission.
7172          (5) The office may deny an applicant a tax credit based on the recommendation of the
7173     Utah Energy Infrastructure Authority Board, as provided in Subsection [63M-4-603]
7174     79-6-603(2).
7175          (6) An infrastructure cost-burdened entity may not claim a tax credit under Section
7176     59-7-619 or 59-10-1034 unless the infrastructure cost-burdened entity receives a tax credit
7177     certificate from the office.
7178          (7) An infrastructure cost-burdened entity that claims a tax credit shall retain the tax
7179     credit certificate in accordance with Subsection [63M-4-603] 79-6-603(7).
7180          (8) Except for the information that is necessary for the office to disclose in order to

7181     make the report described in Section [63M-4-605] 79-6-605, the office shall treat a document
7182     an applicant or infrastructure cost-burdened entity provides to the office as a protected record
7183     under Section 63G-2-305.
7184          Section 131. Section 79-6-605, which is renumbered from Section 63M-4-605 is
7185     renumbered and amended to read:
7186          [63M-4-605].      79-6-605. Report to the Legislature.
7187          The office shall report annually to the Public Utilities, Energy, and Technology Interim
7188     Committee, the Natural Resources, Agriculture, and Environment Interim Committee, and the
7189     Revenue and Taxation Interim Committee describing:
7190          (1) the office's success in attracting high cost infrastructure projects to the state and the
7191     resulting increase in infrastructure-related revenue under this part;
7192          (2) the amount of tax credits the office has granted or will grant and the time period
7193     during which the tax credits have been or will be granted; and
7194          (3) the economic impact on the state by comparing infrastructure-related revenue to tax
7195     credits that have been or will be granted under this part.
7196          Section 132. Section 79-6-606, which is renumbered from Section 63M-4-606 is
7197     renumbered and amended to read:
7198          [63M-4-606].      79-6-606. Administrative rules.
7199          The office may establish, by rule made in accordance with Title 63G, Chapter 3, Utah
7200     Administrative Rulemaking Act, requirements and procedures for the implementation of this
7201     part.
7202          Section 133. Section 79-6-701, which is renumbered from Section 63M-4-701 is
7203     renumbered and amended to read:
7204     
Part 7. Refiner Gasoline Sulfur Standard Sales and Use Tax Exemption Reporting

7205          [63M-4-701].      79-6-701. Definitions.
7206          As used in this part:
7207          (1) "Blending stock," "blendstock," or "component" means any liquid compound that is
7208     blended with other liquid compounds to produce gasoline.

7209          (2) "Refiner" means any person who owns, leases, operates, controls, or supervises a
7210     refinery.
7211          (3) "Refiner tax exemption certification" means a certification issued by the office in
7212     accordance with Section [63M-4-702] 79-6-702.
7213          (4) "Refinery" means a facility where gasoline or diesel fuel is produced, including a
7214     facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which
7215     blendstock is added to gasoline or diesel fuel.
7216          Section 134. Section 79-6-702, which is renumbered from Section 63M-4-702 is
7217     renumbered and amended to read:
7218          [63M-4-702].      79-6-702. Refiner gasoline standard reporting -- Office of
7219     Energy Development certification of sales and use tax exemption eligibility.
7220          (1) (a) A refiner that seeks to be eligible for a sales and use tax exemption under
7221     Subsection 59-12-104(86) on or after July 1, 2021, shall annually report to the office whether
7222     the refiner's facility that is located within the state:
7223          (i) had an average gasoline sulfur level of 10 parts per million (ppm) or less using the
7224     formulas prescribed in 40 C.F.R. Sec. 80.1603, excluding the offset for credit use and transfer
7225     as prescribed in 40 C.F.R. Sec. 80.1616, during the previous calendar year; or
7226          (ii) for an annual report covering a period before January 1, 2023, if a refiner's facility
7227     did not have an average gasoline sulfur level described in Subsection (1)(a)(i) during the
7228     previous calendar year, the progress the refiner made during the previous calendar year toward
7229     complying with the average gasoline sulfur level described in Subsection (1)(a)(i).
7230          (b) Fuels for which a final destination outside Utah can be demonstrated or that are not
7231     subject to the standards and requirements of 40 C.F.R. Sec. 80.1603 as specified in 40 C.F.R.
7232     Sec. 80.1601 are not subject to the reporting provisions under Subsection (1)(a).
7233          (2) The office shall issue a refiner tax exemption certification to a refiner on a form
7234     prescribed by the State Tax Commission:
7235          (a) beginning July 1, 2021, and ending December 31, 2022, if:
7236          (i) the refiner's refinery that is located within the state had an average gasoline sulfur

7237     level described in Subsection (1)(a)(i) during the previous calendar year; or
7238          (ii) (A) on or before July 1, 2021, the refiner certifies in writing to the office that the
7239     refiner's refinery that is located within the state will have an average gasoline sulfur level
7240     described in Subsection (1)(a)(i) after December 31, 2024; and
7241          (B) the office determines that the refiner made satisfactory progress during the previous
7242     calendar year toward satisfying the refiner's certification described in Subsection (2)(a)(ii)(A);
7243     or
7244          (b) after December 31, 2022, if the refiner's refinery that is located within the state had
7245     an average gasoline sulfur level described in Subsection (1)(a)(i) during the previous calendar
7246     year.
7247          (3) (a) Within 30 days after the day on which the office receives a complete annual
7248     report described in Subsection (1)(a), the office shall:
7249          (i) issue a refiner tax exemption certification to the refiner; or
7250          (ii) notify the refiner in writing that the office has determined the refiner does not
7251     qualify for a refiner tax exemption certification and the basis for the office's determination.
7252          (b) A refiner tax exemption certification is valid for one year after the day on which the
7253     office issues the refiner tax exemption certification.
7254          (4) The office:
7255          (a) shall accept a copy of a report submitted by a refiner to the Environmental
7256     Protection Agency under 40 C.F.R. Sec. 80.1652 as sufficient evidence of the refiner's average
7257     gasoline sulfur level; or
7258          (b) may establish another reporting mechanism through rules made under Subsection
7259     (5).
7260          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7261     office may make rules to implement this section.
7262          Section 135. Section 79-6-801, which is renumbered from Section 63M-4-801 is
7263     renumbered and amended to read:
7264     
Part 8. Voluntary Home Energy Information Pilot Program Act


7265          [63M-4-801].      79-6-801. Title.
7266          This part is known as the "Voluntary Home Energy Information Pilot Program Act."
7267          Section 136. Section 79-6-802, which is renumbered from Section 63M-4-802 is
7268     renumbered and amended to read:
7269          [63M-4-802].      79-6-802. Definitions.
7270          As used in this part:
7271          (1) "Advisory committee" means the committee created in Subsection [63M-4-805]
7272     79-6-805(1).
7273          (2) "Asset rating" means a representation of a residential building's energy efficiency or
7274     energy use generated by modeling under standardized weather and occupancy conditions.
7275          (3) "Home" means a single-family detached or single-family attached enclosed
7276     structure created for permanent use as a residence.
7277          (4) "Home energy assessment" means the evaluation or testing of components or
7278     systems in a residential building for the purpose of identifying options for increasing energy
7279     conservation and energy efficiency.
7280          (5) "Home energy assessor" means a qualified person who:
7281          (a) conducts home energy assessments on residential buildings;
7282          (b) assigns residential buildings a home energy performance score; and
7283          (c) prepares a home energy performance report for residential buildings.
7284          (6) "Home energy performance report" means a report prepared by a home energy
7285     assessor that identifies a residential building's home energy performance score, an explanation
7286     of the score, an estimate of the total energy used in the home, and other information required to
7287     be included in the report under Section [63M-4-804] 79-6-804.
7288          (7) "Home energy performance score" means a score assigned to a residential building
7289     using the home energy performance score system created by the office pursuant to Section
7290     [63M-4-804] 79-6-804.
7291          (8) "Home energy performance score system" means a technical and administrative
7292     framework for producing and reporting metrics that describe the energy consumption,

7293     generation, and efficiency of a building.
7294          (9) "Program" means the voluntary home energy information pilot program for which
7295     model rules are created in Section [63M-4-803] 79-6-803.
7296          (10) "Residential building" means a home.
7297          Section 137. Section 79-6-803, which is renumbered from Section 63M-4-803 is
7298     renumbered and amended to read:
7299          [63M-4-803].      79-6-803. Voluntary Home Energy Information Pilot
7300     Program.
7301          (1) The office shall develop model rules for a voluntary home energy information pilot
7302     program.
7303          (2) The model rules shall be designed to:
7304          (a) provide widespread information to home buyers and sellers about a home's energy
7305     efficiency, cost savings, and air quality impacts; and
7306          (b) empower consumers to ask about the energy efficiency performance of homes and
7307     increase market demand for energy efficient homes and home energy efficiency upgrades.
7308          (3) The office may use appropriated funds to develop model rules for a home energy
7309     performance score system described in Section [63M-4-804] 79-6-804 for homes.
7310          (4) Model rules to implement the program may include:
7311          (a) proposed application procedures to receive a reimbursement from the program for a
7312     home energy assessment and home energy performance report;
7313          (b) the criteria used by the office to determine whether a reimbursement request is
7314     approved;
7315          (c) the administratively best method and form for making a reimbursement;
7316          (d) the criteria used by the office to determine the amount of a reimbursement;
7317          (e) the information that an applicant or applicant's designee will be required to report to
7318     the office to receive a reimbursement;
7319          (f) specifications for the procedures and requirements for conducting a home energy
7320     assessment;

7321          (g) the requirements for a home energy performance report; and
7322          (h) the qualifications for home energy assessors.
7323          (5) The office shall administer or contract for the administration of the advisory
7324     committee and the development of model rules.
7325          [(6) The office shall provide a report to the Legislature's Business and Labor Interim
7326     Committee and Public Utilities, Energy, and Technology Interim Committee no later than
7327     November 30, 2020 on:]
7328          [(a) the status of the model rules; and]
7329          [(b) recommendations for implementing a pilot program based on the model rules.]
7330          Section 138. Section 79-6-804, which is renumbered from Section 63M-4-804 is
7331     renumbered and amended to read:
7332          [63M-4-804].      79-6-804. Home energy performance score system.
7333          (1) In consultation with the advisory committee, the office shall create a home energy
7334     performance score system that shall:
7335          (a) have the capability to generate a home energy performance score that meets the
7336     requirements of Subsection (2);
7337          (b) have the capability to generate a home energy performance report that meets the
7338     requirements of Subsection (3);
7339          (c) have the capability to incorporate building energy assessment software, the output
7340     of which is to be used to derive the information presented on the home energy performance
7341     report; and
7342          (d) specify training requirements for home energy assessors.
7343          (2) A home energy performance score under Subsection (1)(a) shall:
7344          (a) be an asset rating that is based on physical inspection of the home or design
7345     documents used for the home's construction; and
7346          (b) use one or a combination of the following approaches for home energy scoring:
7347          (i) the issuance of a home energy score by the United States Department of Energy; or
7348          (ii) the issuance of a home energy rating system by the Residential Energy Services

7349     Network.
7350          (3) A home energy performance report described in Subsection (1)(b) shall include:
7351          (a) the home energy performance score described in Subsection (1)(a) and an
7352     explanation of the score;
7353          (b) an estimate of the total energy used in the home in retail units of energy, by fuel
7354     type;
7355          (c) an estimate of the annual energy costs for operating the home;
7356          (d) an estimate of the annual emissions resulting from energy used in the home;
7357          (e) a list of recommended home improvements to reduce energy use in the home; and
7358          (f) other information the office, in consultation with the advisory committee,
7359     determines is appropriate to include in the model rules.
7360          Section 139. Section 79-6-805, which is renumbered from Section 63M-4-805 is
7361     renumbered and amended to read:
7362          [63M-4-805].      79-6-805. Home energy information advisory committee.
7363          (1) There is created a home energy information advisory committee.
7364          (2) The advisory committee shall be composed of the following 12 members:
7365          (a) an individual who is an expert in residential real estate, as recommended by the
7366     Utah Association of Realtors;
7367          (b) an individual who is an expert in residential construction as recommended by the
7368     Utah Home Builders Association;
7369          (c) an individual who is an expert in land development for residential communities but
7370     is not a home builder;
7371          (d) an individual who is a nonprofit energy efficiency or air quality advocate;
7372          (e) an individual who is an expert in residential home energy assessments;
7373          (f) an individual who is an expert in residential home inspections;
7374          (g) an individual who is an expert in public education and marketing;
7375          (h) an individual who is an expert in residential appraisals, as recommended by the
7376     Utah Association of Appraisers;

7377          (i) an individual who is an expert in electric utility energy efficiency programs;
7378          (j) an individual who is an expert in natural gas utility energy efficiency programs;
7379          (k) an individual who is an expert in residential architecture, as recommended by the
7380     Utah Chapter of the American Institute of Architects; and
7381          (l) the director of the [Governor's] Office of Energy Development or the director's
7382     designee.
7383          (3) The director of the office shall appoint the members of the advisory committee
7384     which shall assist the director in developing model rules for a home energy performance score
7385     system described in Section [63M-4-804] 79-6-804.
7386          (4) The director of the office, or the director's designee, shall act as chair of the
7387     advisory committee.
7388          (5) An advisory committee member may not receive compensation or benefits for the
7389     member's service on the advisory committee.
7390          Section 140. Section 79-7-101 is enacted to read:
7391     
CHAPTER 7. RECREATION ACT

7392     
Part 1. General Provisions

7393          79-7-101. Title.
7394          This chapter is known as "Recreation Act."
7395          Section 141. Section 79-7-102 is enacted to read:
7396          79-7-102. Definitions.
7397          As used in this chapter:
7398          (1) "Commission" means the Outdoor Adventure Commission created in Section
7399     63C-21-201.
7400          (2) "Division" means the Division of Recreation.
7401          Section 142. Section 79-7-201 is enacted to read:
7402     
Part 2. Division Creation and Administration

7403          79-7-201. Division of Recreation -- Creation -- Powers and authority.
7404          (1) (a) There is created within the department the Division of Recreation.

7405          (b) The division has the purpose of providing, maintaining, and coordinating motorized
7406     and nonmotorized recreation within the state.
7407          (2) (a) The division is under the administration and general supervision of the
7408     executive director.
7409          (b) The division shall consult with the commission.
7410          (3) The division is the recreation authority for the state.
7411          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7412     the division may make rules, after consulting with the commission, when expressly authorized
7413     by this chapter.
7414          (b) The division shall make rules governing the collection of charges under Subsection
7415     79-7-203(8).
7416          Section 143. Section 79-7-202 is enacted to read:
7417          79-7-202. Director -- Qualifications -- Duties.
7418          (1) The director is the executive and administrative head of the division.
7419          (2) The director shall demonstrate:
7420          (a) executive ability; and
7421          (b) actual experience and training in the conduct of recreational systems involving both
7422     physical development and program.
7423          (3) The director shall:
7424          (a) enforce the policies and rules of the division; and
7425          (b) perform the duties necessary to:
7426          (i) properly care for and maintain any property under the jurisdiction of the division;
7427     and
7428          (ii) carry out this chapter.
7429          Section 144. Section 79-7-203 is enacted to read:
7430          79-7-203. Powers and duties of division.
7431          (1) As used in this section, "real property" includes land under water, upland, and all
7432     other property commonly or legally defined as real property.

7433          (2) The Division of Wildlife Resources shall retain the power and jurisdiction
7434     conferred upon the Division of Wildlife Resources by law on property controlled by the
7435     division with reference to fish and game.
7436          (3) The division shall permit multiple use of property controlled by the division for
7437     purposes such as grazing, fishing, hunting, camping, mining, and the development and use of
7438     water and other natural resources.
7439          (4) (a) The division may acquire real and personal property in the name of the state by
7440     legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
7441     otherwise, subject to the approval of the executive director and the governor.
7442          (b) In acquiring real or personal property, the credit of the state may not be pledged
7443     without the consent of the Legislature.
7444          (5) (a) Before acquiring any real property, the division shall notify the county
7445     legislative body of the county where the property is situated of the division's intention to
7446     acquire the property.
7447          (b) If the county legislative body requests a hearing within 10 days of receipt of the
7448     notice, the division shall hold a public hearing in the county concerning the matter.
7449          (6) Acceptance of gifts or devises of land or other property is at the discretion of the
7450     division, subject to the approval of the executive director and the governor.
7451          (7) The division shall acquire property by eminent domain in the manner authorized by
7452     Title 78B, Chapter 6, Part 5, Eminent Domain.
7453          (8) (a) The division may make charges for special services and use of facilities, the
7454     income from which is available for recreation purposes.
7455          (b) The division may conduct and operate those services necessary for the comfort and
7456     convenience of the public.
7457          (9) (a) The division may lease or rent concessions of lawful kinds and nature on
7458     property to persons, partnerships, and corporations for a valuable consideration after consulting
7459     with the commission.
7460          (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in

7461     selecting concessionaires.
7462          (10) The division shall proceed without delay to negotiate with the federal government
7463     concerning the Weber Basin and other recreation and reclamation projects.
7464          (11) The division shall coordinate with and annually report to the following regarding
7465     land acquisition and development and grants administered under Chapter 8, Outdoor
7466     Recreation Grants:
7467          (a) the Utah Office of Outdoor Recreation;
7468          (b) the Division of State Parks; and
7469          (c) the Office of Rural Development.
7470          Section 145. Section 79-7-204 is enacted to read:
7471          79-7-204. Division authorized to enter into contracts and agreements.
7472          (1) The division, with the approval of the executive director and the governor, may
7473     enter into contracts and agreements with the United States, a United States agency, any other
7474     department or agency of the state, semipublic organizations, and with private individuals to:
7475          (a) improve and maintain recreational grounds and the areas administered by the
7476     division; and
7477          (b) secure labor, quarters, materials, services, or facilities according to procedures
7478     established by the Division of Finance.
7479          (2) A department, agency, officer, or employee of the state shall give to the division the
7480     consultation and assistance that the division may reasonably request.
7481          Section 146. Section 79-7-205 is enacted to read:
7482          79-7-205. Support of a nonprofit corporation or foundation.
7483          The division may provide administrative support to a nonprofit corporation or
7484     foundation that assists the division in attaining the objectives outlined in the strategic or
7485     operational plan.
7486          Section 147. Section 79-7-301 is enacted to read:
7487     
Part 3. Finances

7488          79-7-301. Money to be appropriated -- Boating account expenses.

7489          (1) The Legislature shall appropriate the money from time to time necessary to carry
7490     out the purposes of this chapter to the division to be used by the division in the administration
7491     of the powers and duties and in carrying out the objective and purposes prescribed by this
7492     chapter.
7493          (2) Departmental operating and administrative expenses for the administration of the
7494     boating account of the division shall be charged against that account.
7495          Section 148. Section 79-7-302, which is renumbered from Section 79-2-402 is
7496     renumbered and amended to read:
7497          [79-2-402].      79-7-302. Outdoor recreation facilities -- Participation in federal
7498     programs -- Comprehensive plan.
7499          (1) The executive director may, by following the procedures and requirements of Title
7500     63J, Chapter 5, Federal Funds Procedures Act, seek a federal grant or loan or participation in a
7501     federal program to plan and develop an outdoor recreation resource, including:
7502          (a) acquiring land or water; or
7503          (b) acquiring an interest in land or water.
7504          (2) (a) The executive director, in cooperation with the state planning coordinator and
7505     the state agency or political subdivision responsible for planning, acquisition, and development
7506     of outdoor recreation resources, may prepare, maintain, and update a comprehensive plan for
7507     the outdoor recreation resources of the state.
7508          (b) The executive director shall submit the plan and any plan amendment to the
7509     governor for the governor's review and approval.
7510          (3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
7511     Funds Procedures Act, the executive director may:
7512          (a) apply to a United States agency for participation in or the receipt of aid from a
7513     federal program regarding outdoor recreation;
7514          (b) in cooperation with other state agencies, enter into a contract or agreement with the
7515     United States or a United States agency;
7516          (c) keep financial and other records; and

7517          (d) furnish necessary reports to the United States official or agency.
7518          (4) In connection with obtaining the benefits of an outdoor recreation program, the
7519     executive director shall coordinate the department's activities with and represent the interests of
7520     all state agencies and political subdivisions having an interest in the planning, development,
7521     and maintenance of the outdoor recreation resource or facility.
7522          (5) The department may act as the agent of the state or a political subdivision to receive
7523     and to disburse federal money in accordance with the comprehensive plan.
7524          (6) The executive director may not make a commitment or enter into an agreement as
7525     authorized by this section and neither shall the governor approve a commitment or agreement
7526     unless sufficient funds are available to the department for meeting the state's share, if any, of
7527     project costs.
7528          (7) To the extent necessary to assure the proper operation and maintenance of areas and
7529     facilities acquired or developed pursuant to a program participated in by the state under this
7530     section, the areas and facilities shall be publicly maintained for outdoor recreation purposes.
7531          (8) The executive director may enter into and administer an agreement with the United
7532     States or a United States agency with the governor's approval for planning, acquisition, and
7533     development projects involving participating federal-aid funds on behalf of a political
7534     subdivision, if the political subdivision gives necessary assurance to the executive director that:
7535          (a) the political subdivision has available sufficient funds to meet the political
7536     subdivision's share, if any, of the cost of the project; and
7537          (b) the political subdivision will operate and maintain an acquired or developed area at
7538     the expense of the political subdivision for public outdoor recreation use.
7539          Section 149. Section 79-7-401 is enacted to read:
7540     
Part 4. Enforcement

7541          79-7-401. Enforcement in general.
7542          (1) The division may:
7543          (a) protect recreation property under the division's jurisdiction from misuse or damage;
7544     and

7545          (b) preserve the peace on property within the division's jurisdiction.
7546          (2) The division may coordinate with other government entities to accomplish
7547     Subsection (1).
7548          (3) An employee of the division who is a POST certified peace officer, and who is
7549     designated by the division director, are law enforcement officers under Section 53-13-103 and
7550     have all the powers of law enforcement officers in the state, with the exception of the power to
7551     serve civil process.
7552          (4) The division may deputize persons who are peace officers or special function
7553     officers to assist the division on a seasonal temporary basis.
7554          Section 150. Section 79-7-402 is enacted to read:
7555          79-7-402. Violations of rules.
7556          Unless otherwise provided in this title, a violation of a rule of the division is an
7557     infraction.
7558          Section 151. Section 79-8-101 is enacted to read:
7559     
CHAPTER 8. OUTDOOR RECREATION GRANTS

7560     
Part 1. General Provisions

7561          79-8-101. Title.
7562          This chapter is known as "Outdoor Recreation Grants."
7563          Section 152. Section 79-8-102 is enacted to read:
7564          79-8-102. Definitions.
7565          As used in this chapter:
7566          (1) "Children," in relation to the awarding of a UCORE grant, means individuals who
7567     are six years old or older and 18 years old or younger.
7568          (2) "Director" means the director of the Division of Recreation.
7569          (3) "Division" means the Division of Recreation.
7570          (4) "Executive director" means the executive director of the Department of Natural
7571     Resources.
7572          (5) "UCORE grant" means a children's outdoor recreation and education grant

7573     described in Section 79-8-402.
7574          (6) (a) "Underserved or underprivileged community" means a group of people,
7575     including a municipality, county, or American Indian tribe, that is economically disadvantaged.
7576          (b) "Underserved or underprivileged community" includes an economically
7577     disadvantaged community where in relation to awarding a UCORE grant, the children of the
7578     community, including children with disabilities, have limited access to outdoor recreation or
7579     education programs.
7580          Section 153. Section 79-8-103 is enacted to read:
7581          79-8-103. Outdoor recreation grants.
7582          To the extent money is available, the division shall administer outdoor recreation grants
7583     for the state, including grants that address:
7584          (1) outdoor recreation in general;
7585          (2) recreational trails;
7586          (3) off-highway vehicle incentives;
7587          (4) boat access and clean vessels; and
7588          (5) land, water, and conservation.
7589          Section 154. Section 79-8-104 is enacted to read:
7590          79-8-104. Annual report.
7591          The director shall prepare an annual written report on the activities of the division under
7592     this chapter, including a description and the amount of any awarded UCORE grants.
7593          Section 155. Section 79-8-105, which is renumbered from Section 63N-9-204 is
7594     renumbered and amended to read:
7595          [63N-9-204].      79-8-105. Utah Outdoor Recreation Grant Advisory
7596     Committee -- Membership -- Duties -- Expenses.
7597          (1) As used in this section, "advisory committee" means the Utah Outdoor Recreation
7598     Grant Advisory Committee created in Subsection (2).
7599          (2) There is created in the [outdoor recreation office] division the Utah Outdoor
7600     Recreation Grant Advisory Committee, composed of the following 14 members:

7601          (a) five members representing state or federal government as follows:
7602          (i) the director;
7603          (ii) the director of the Division of State Parks [and Recreation] created in Section
7604     79-4-201 or the director's designee;
7605          [(iii) one member who is an employee of the outdoor recreation office engaged in the
7606     duties described in Section 63N-7-201, appointed by the executive director;]
7607          (iii) the director of the Utah Office of Outdoor Recreation, or the director's designee;
7608          (iv) one member representing the Bureau of Land Management, appointed by the
7609     executive director; and
7610          (v) one member representing the National Park Service Rivers, Trails, and
7611     Conservation Assistance Program, appointed by the executive director;
7612          (b) nine members representing local government, the private sector, or the public that
7613     are knowledgeable about outdoor recreation activities or tourism-based economic development,
7614     appointed by the executive director as follows:
7615          (i) one member representing municipal government, recommended by the Utah League
7616     of Cities and Towns;
7617          (ii) one member representing county government, recommended by the Utah
7618     Association of Counties;
7619          (iii) two members representing the outdoor industry;
7620          (iv) one member representing the Utah Tourism Industry Association;
7621          (v) one member representing the [Utah Hotel and Lodging Association] hotel and
7622     lodging industry;
7623          (vi) one member representing the health care industry;
7624          (vii) one member representing multi-ability groups or programs; and
7625          (viii) one member representing a university outdoor recreation, parks, or tourism
7626     department; and
7627          (c) one of the members appointed under Subsection (2)(b)(i) or (ii) shall represent rural
7628     interests.

7629          (3) The advisory committee shall advise and make recommendations to:
7630          (a) the outdoor recreation office regarding [infrastructure grants and] the Outdoor
7631     Recreational Infrastructure Grant Program, created in Section 63N-9-202;
7632          (b) the division regarding grants issued under Part [3] 2, Restoration Recreation
7633     Infrastructure Grant Program[.]; and
7634          (c) the division regarding the administration of the fund created in Section 79-8-304.
7635          (4) (a) Except as required by Subsection (4)(b), as terms of appointed advisory
7636     committee members expire, the executive director shall appoint each new member or
7637     reappointed member to a four-year term.
7638          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
7639     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
7640     of appointed advisory committee members are staggered so that approximately half of the
7641     appointed advisory committee members are appointed every two years.
7642          (5) The director shall serve as chair of the advisory committee.
7643          (6) The advisory committee shall elect annually a vice chair from the advisory
7644     committee's members.
7645          (7) When a vacancy occurs in the membership for any reason, the executive director
7646     shall appoint the replacement for the unexpired term.
7647          (8) A majority of the advisory committee constitutes a quorum for the purpose of
7648     conducting advisory committee business and the action of a majority of a quorum constitutes
7649     the action of the advisory committee.
7650          (9) The [outdoor recreation office] division shall provide administrative staff support
7651     for the advisory committee.
7652          (10) A member may not receive compensation or benefits for the member's service, but
7653     a member appointed under Subsection (2)(b) may receive per diem and travel expenses in
7654     accordance with:
7655          (a) Section 63A-3-106;
7656          (b) Section 63A-3-107; and

7657          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7658     63A-3-107.
7659          (11) The advisory committee, as a governmental entity, has all the rights, privileges,
7660     and immunities of a governmental entity of the state and the advisory committee meetings are
7661     subject to Title 52, Chapter 4, Open and Public Meetings Act.
7662          Section 156. Section 79-8-106, which is renumbered from Section 63N-9-205 is
7663     renumbered and amended to read:
7664          [63N-9-205].      79-8-106. Utah Outdoor Recreation Infrastructure Account
7665     -- Uses -- Costs.
7666          (1) There is created an expendable special revenue fund known as the "Outdoor
7667     Recreation Infrastructure Account," which;
7668          (a) the outdoor recreation office shall use to fund the Outdoor Recreational
7669     Infrastructure Grant Program created in Section 63N-9-202; and
7670          (b) the division shall use to fund the Recreation Restoration Infrastructure Grant
7671     Program created in Section [63N-9-302] 79-8-202.
7672          (2) The account consists of:
7673          (a) distributions to the account under Section 59-28-103;
7674          (b) interest earned on the account;
7675          (c) appropriations made by the Legislature;
7676          (d) money from a cooperative agreement entered into with the United States
7677     Department of Agriculture or the United States Department of the Interior; and
7678          (e) private donations, grants, gifts, bequests, or money made available from any other
7679     source to implement this part.
7680          (3) The [outdoor recreation office] division shall, with the advice of the Utah Outdoor
7681     Recreation Grant Advisory Committee created in Section [63N-9-204] 79-8-105, administer
7682     the account.
7683          (4) (a) The cost of administering the account shall be paid from money in the account.
7684          (b) The cost of two full-time positions in the Utah Office of Outdoor Recreation in an

7685     amount agreed to by the division and the Utah Office of Outdoor Recreation shall be paid from
7686     money in the account.
7687          (5) Interest accrued from investment of money in the account shall remain in the
7688     account.
7689          Section 157. Section 79-8-201, which is renumbered from Section 63N-9-301 is
7690     renumbered and amended to read:
7691     
Part 2. Recreation Restoration Infrastructure Grant Program

7692          [63N-9-301].      79-8-201. Definitions.
7693          As used in this part:
7694          (1) "Advisory committee" means the Utah Outdoor Recreation Grant Advisory
7695     Committee created in Section [63N-9-204] 79-8-105.
7696          (2) "Grant program" means the Recreation Restoration Infrastructure Grant Program
7697     created in Section [63N-9-302] 79-8-202.
7698          (3) "High demand outdoor recreation amenity" means infrastructure necessary for a
7699     campground, picnic area, or water recreation structure such as a dock, pier, or boat ramp that
7700     receives or has received heavy use by the public.
7701          (4) "High priority trail" means a motorized or nonmotorized recreation summer-use
7702     trail and related infrastructure that is prioritized by the advisory committee for restoration or
7703     rehabilitation to maintain usability and sustainability of trails that receive or have received high
7704     use by the public.
7705          (5) "Public lands" includes local, state, and federal lands.
7706          (6) "Rehabilitation or restoration" means returning an outdoor recreation structure or
7707     trail that has been degraded, damaged, or destroyed to its previously useful state by means of
7708     repair, modification, or alteration.
7709          Section 158. Section 79-8-202, which is renumbered from Section 63N-9-302 is
7710     renumbered and amended to read:
7711          [63N-9-302].      79-8-202. Creation of grant program.
7712          (1) (a) There is created [a supplemental grant program within the Outdoor Recreational

7713     Infrastructure Grant Program, created in Section 63N-9-202, known as] the "Recreation
7714     Restoration Infrastructure Grant Program" administered by the [outdoor recreation office]
7715     division.
7716          (b) Subject to Subsection (1)(c), 5% percent of the unencumbered amount in the Utah
7717     Outdoor Recreation Account, created in Section [63N-9-205] 79-8-106, at the beginning of
7718     each fiscal year may be used for the grant program.
7719          (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
7720     beginning of a fiscal year if approved by the executive director after consultation with the
7721     director and the advisory committee.
7722          (2) The [outdoor recreation office] division may seek to accomplish the following
7723     objectives in administering the grant program:
7724          (a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
7725          (b) rehabilitate or restore high demand recreation areas on public lands; and
7726          (c) encourage the public land entities to engage with volunteer groups to aid with
7727     portions of needed trail work.
7728          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7729     [outdoor recreation office] division shall make rules, after consulting with the Outdoor
7730     Adventure Commission, establishing the eligibility and reporting criteria for an entity to
7731     receive a recreation restoration infrastructure grant, including:
7732          (a) the form and process of submitting annual project proposals to the [outdoor
7733     recreation office] division for a recreation restoration infrastructure grant;
7734          (b) which entities are eligible to apply for a recreation restoration infrastructure grant;
7735          (c) specific categories of recreation restoration projects that are eligible for a recreation
7736     restoration infrastructure grant;
7737          (d) the method and formula for determining recreation restoration infrastructure grant
7738     amounts; and
7739          (e) the reporting requirements of a recipient of a recreation restoration infrastructure
7740     grant.

7741          Section 159. Section 79-8-203, which is renumbered from Section 63N-9-303 is
7742     renumbered and amended to read:
7743          [63N-9-303].      79-8-203. Award of recreation restoration infrastructure
7744     grants.
7745          (1) In determining the award of a recreation restoration infrastructure grant, the
7746     advisory committee shall prioritize projects that the advisory committee considers to be high
7747     demand outdoor recreation amenities or high priority trails.
7748          (2) The [outdoor recreation office] division may give special consideration to projects
7749     from qualified applicants within rural counties to ensure geographic parity of the awarded
7750     money.
7751          (3) (a) An applicant shall use a recreation restoration infrastructure grant to leverage
7752     private and other nonstate public money and the [outdoor recreation office] division may give
7753     priority to projects that exceed a 50% match from the applicant.
7754          (b) Leverage includes cash, resources, goods, or services necessary to complete a
7755     project.
7756          (c) The [outdoor recreation office] division shall apply money from a cooperative
7757     agreement entered into with the United States Department of Agriculture or the United States
7758     Department of the Interior as a portion of the applicant's match.
7759          (4) A recreation restoration infrastructure grant may only be awarded by the executive
7760     director after consultation with the director and the advisory committee.
7761          (5) A recreation restoration infrastructure grant is available for rehabilitation or
7762     restoration projects for high demand outdoor recreation amenities and high priority trails that
7763     relate directly to the visitor including:
7764          (a) a trail, trail head infrastructure, signage, and crossing infrastructure, for both
7765     nonmotorized and motorized recreation;
7766          (b) a campground or picnic area;
7767          (c) water recreation infrastructure, including a pier, dock, or boat ramp; and
7768          (d) recreation facilities that are accessible to visitors with disabilities.

7769          (6) The following are not eligible for a recreation restoration infrastructure grant:
7770          (a) general facility operations and administrative costs;
7771          (b) land acquisitions;
7772          (c) visitor facilities, as defined by the [outdoor recreation office] division by rule made
7773     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
7774          (d) water and utility systems; and
7775          (e) employee housing.
7776          (7) The [outdoor recreation office] division shall compile data and report to the
7777     Business, Economic Development, and Labor Appropriations Subcommittee on the:
7778          (a) effectiveness of the grant program in addressing the deferred maintenance and
7779     repair backlog of trails, campgrounds, and other recreation amenities on public lands;
7780          (b) estimated value of the rehabilitation or restoration projects;
7781          (c) number of miles of trails that are rehabilitated or restored; and
7782          (d) leverage of state money to federal and private money and in-kind services such as
7783     volunteer labor.
7784          Section 160. Section 79-8-301, which is renumbered from Section 63N-9-401 is
7785     renumbered and amended to read:
7786     
Part 3. Utah Children's Outdoor Recreation and Education Grant Program

7787          [63N-9-401].      79-8-301. Title.
7788          This part is known as the "Utah Children's Outdoor Recreation and Education Grant
7789     Program."
7790          Section 161. Section 79-8-302, which is renumbered from Section 63N-9-402 is
7791     renumbered and amended to read:
7792          [63N-9-402].      79-8-302. Creation and purpose of the UCORE grant
7793     program.
7794          (1) There is created the Utah Children's Outdoor Recreation and Education Grant
7795     Program administered by the [outdoor recreation office] division.
7796          (2) The [outdoor recreation office] division may seek to accomplish the following

7797     objectives in administering the UCORE grant program:
7798          (a) promote the health and social benefits of outdoor recreation to the state's children;
7799          (b) encourage children to develop the skills and confidence to be physically active for
7800     life;
7801          (c) provide outdoor recreational opportunities to underserved or underprivileged
7802     communities in the state; and
7803          (d) encourage hands-on outdoor or nature-based learning and play to prepare children
7804     for achievement in science, technology, engineering, and math.
7805          Section 162. Section 79-8-303, which is renumbered from Section 63N-9-403 is
7806     renumbered and amended to read:
7807          [63N-9-403].      79-8-303. Rulemaking and requirements for awarding a
7808     UCORE grant.
7809          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7810     [outdoor recreation office] division, after consulting with the Outdoor Adventure Commission,
7811     shall make rules establishing the eligibility and reporting criteria for an entity to receive a
7812     UCORE grant, including:
7813          (a) the form and process of submitting an application to the [outdoor recreation office]
7814     division for a UCORE grant;
7815          (b) which entities are eligible to apply for a UCORE grant;
7816          (c) specific categories of children's programs that are eligible for a UCORE grant;
7817          (d) the method and formula for determining grant amounts; and
7818          (e) the reporting requirements of grant recipients.
7819          (2) In determining the award of a UCORE grant, the [outdoor recreation office]
7820     division may prioritize a children's program that will serve an underprivileged or underserved
7821     community in the state.
7822          (3) A UCORE grant may only be awarded by the executive director after consultation
7823     with the director and the [board] Outdoor Adventure Commission.
7824          (4) The following entities may not receive a UCORE grant under this part:

7825          (a) a federal government entity;
7826          (b) a state agency, except for public schools and institutions of higher education; and
7827          (c) a for-profit entity.
7828          (5) In awarding UCORE grants, consideration shall be given to entities that implement
7829     programs that:
7830          (a) contribute to healthy and active lifestyles through outdoor recreation; and
7831          (b) include one or more of the following attributes in their programs or initiatives:
7832          (i) serve children with the greatest needs in rural, suburban, and urban areas of the
7833     state;
7834          (ii) provide students with opportunities to directly experience nature;
7835          (iii) maximize the number of children who can participate;
7836          (iv) commit matching and in-kind resources;
7837          (v) create partnerships with public and private entities;
7838          (vi) include ongoing program evaluation and assessment;
7839          (vii) utilize veterans in program implementation;
7840          (viii) include outdoor or nature-based programming that incorporates concept learning
7841     in science, technology, engineering, or math; or
7842          (ix) utilize educated volunteers in program implementation.
7843          Section 163. Section 79-8-304, which is renumbered from Section 63N-9-404 is
7844     renumbered and amended to read:
7845          [63N-9-404].      79-8-304. Utah Children's Outdoor Recreation and
7846     Education Fund -- Uses -- Costs.
7847          (1) There is created an expendable special revenue fund known as the "Utah Children's
7848     Outdoor Recreation and Education Fund," which the [office] division shall use to fund the Utah
7849     Children's Outdoor Recreation and Education Grant Program created in Section [63N-9-402]
7850     79-8-302.
7851          (2) The fund consists of:
7852          (a) appropriations made by the Legislature;

7853          (b) interest earned on the account; and
7854          (c) private donations, grants, gifts, bequests, or money made available from any other
7855     source to implement this part.
7856          (3) The [office] division shall, with the advice of the Utah Outdoor Recreation Grant
7857     Advisory Committee created in Section [63N-9-204] 79-8-105, administer the [account] fund.
7858          (4) The cost of administering the [account] fund shall be paid from money in the
7859     [account] fund.
7860          (5) Interest accrued from investment of money in the [account] fund shall remain in the
7861     [account] fund.
7862          Section 164. Appropriation.
7863          The following sums of money are appropriated for the fiscal year beginning July 1,
7864     2021, and ending on June 30, 2022. These are additions to amounts previously appropriated for
7865     fiscal year 2022. Under the terms and conditions of Title 63J, Budgetary Procedures Act, the
7866     Legislature appropriates the following sums of money from the funds or accounts indicated for
7867     the use and support of the government of the state of Utah.
7868     ITEM 1
7869          To Department of Natural Resources - Parks and Recreation
7870               From General Fund
(4,416,200)

7871               From General Fund, One-time
(7,100)

7872               From Federal Fund
(1,598,800)

7873               From Federal Funds, One-time
(4,600)

7874               From General Fund Restricted - Boating
(4,929,900)

7875               From General Fund Restricted - Boating, One-time
(11,700)

7876               From Dedicated Credits Revenue
(1,097,800)

7877               From Dedicated Credits Revenue, One-time
(2,800)

7878               From General Fund Restricted - Off-highway Access
7879                and Education
(19,000)

7880               From General Fund Restricted - Off-highway Access

7881                and Education, One-time
(100)

7882               From General Fund Restricted - Off-highway Vehicle
(6,487,100)

7883               From General Fund Restricted - Off-highway Vehicle,
7884                One-time
(15,500)

7885               From General Fund Restricted - State Park Fees
(23,793,200)

7886               From General Fund Restricted - State Park Fees,
7887                One-time
(54,900)

7888               From Revenue Transfers
(36,600)

7889               From General Fund Restricted - Zion National
7890                Park Support Programs
(4,000)

7891               Schedule of Programs:
7892                    Executive Management                    (894,100)
7893                    Park Management Contracts                    (1,036,800)
7894                    Park Operation Management                    (35,241,800)
7895                    Planning and Design                         (912,200)
7896                    Recreation Services                         (2,155,700)
7897                    Support Services                         (2,238,700)
7898     ITEM 2
7899          To Department of Natural Resources - Parks and Recreation Capital Budget
7900               From Federal Funds
(3,119,700)

7901               From General Fund Restricted - Boating
(575,000)

7902               From Dedicated Credits Revenue
(175,000)

7903               From General Fund Restricted - Off-highway Vehicle
(3,900,000)

7904               From General Fund Restricted - State Park Fees
(472,700)

7905               Schedule of Programs:
7906                    Boat Access Grants                         (350,000)
7907                    Donated Capital Projects                    (175,000)
7908                    Land and Water Conservation               (447,600)

7909                    Major Renovation                         (458,500)
7910                    Off-highway Vehicle Grants                    (3,675,000)
7911                    Region Renovation                         (100,000)
7912                    Renovation and Development               (546,700)
7913                    Trails Program                         (2,489,600)
7914     ITEM 3
7915          To Department of Natural Resources - State Parks
7916               From General Fund
4,411,400

7917               From General Fund, One-time
7,100

7918               From Federal Funds
85,600

7919               From Dedicated Credits Revenue
1,097,800

7920               From Dedicated Credits Revenue, One-time
2,800

7921               From General Fund Restricted - State Park Fees
23,793,200

7922               From General Fund Restricted - State Park Fees,
7923                One-time
54,900

7924               From Transfers Revenues
36,600

7925               From General Fund Restricted - Zion National Park
7926                Support Programs
4,000

7927               Schedule of Programs:
7928                    Executive Management                    285,100
7929                    Park Management Contracts                    1,000,000
7930                    Park Operation Management                26,418,800
7931                    Planning and Design                         699,000
7932                    Support Services                         1,090,500
7933     ITEM 4
7934          To Department of Natural Resources - Parks Capital Budget
7935               From Federal Funds
212,500

7936               From Dedicated Credits Revenue
175,000


7937               From General Fund Restricted - State Park Fees
472,700

7938               Schedule of Programs:
7939                    Donated Capital Projects                    175,000
7940                    Major Renovation                         8,500
7941                    Region Renovation                         100,000
7942                    Renovation and Development               576,700
7943     ITEM 5
7944          To Department of Natural Resources - Recreation
7945               From General Fund
4,800

7946               From Federal Funds
1,513,200

7947               From Federal Funds, One-time
4,600

7948               From General Fund Restricted - Boating
5,038,600

7949               From General Fund Restricted - Boating, One-time
11,700

7950               From General Fund Restricted - Off-highway Access
7951                and Education
19,000

7952               From General Fund Restricted - Off-highway Access and
7953                Education, One-time
100

7954               From General Fund Restricted - Off-highway Vehicle
6,595,800

7955               From General Fund Restricted - Off-highway Vehicle,
7956                One-time
15,500

7957               Schedule of Programs:
7958                    Recreation Management                    609,000
7959                    Recreation Agreements                    36,800
7960                    Recreation Oversight                         9,161,200
7961                    Recreation Construction                    213,200
7962                    Recreation Services                         2,116,500
7963                    Recreation Administration                    1,066,600
7964     ITEM 6

7965          To Department of Natural Resources - Recreation Capital Budget
7966               From Federal Funds
2,907,200

7967               From General Fund Restricted - Boating
575,000

7968               From General Fund Restricted - Off-highway Vehicle
3,900,000

7969               Schedule of Programs:
7970                    Boat Access Grants                         350,000
7971                    Land and Water Conservation               447,600
7972                    Recreation Capital                         420,000
7973                    Off-highway Vehicle Grants                    3,675,000
7974                    Trails Program                         2,489,600
7975     ITEM 7
7976          To Governor's Office - Office of Energy Development
7977               From General Fund
(1,626,600)

7978               From General Fund, One-time
(4,900)

7979               From Federal Funds
(842,200)

7980               From Federal Funds, One-time
(2,500)

7981               From Dedicated Credits Revenue
(51,600)

7982               From Dedicated Credits Revenue, One-time
(200)

7983               From Expendable Receipts
(180,300)

7984               From Expendable Receipts, One-time
(500)

7985               From Ut. S. Energy Program Rev. Loan Fund (ARRA)
(223,000)

7986               From Ut. S. Energy Program Rev. Loan Fund (ARRA),
7987                One-time
(700)

7988               From Beginning Nonlapsing
(1,205,200)

7989               Schedule of Programs:
7990                    Office of Energy Development               (4,137,700)
7991     ITEM 8
7992          To Department of Natural Resources - Office of Energy Development

7993               From General Fund
1,626,600

7994               From General Fund, One-time
4,900

7995               From Federal Funds
842,200

7996               From Federal Funds, One-time
2,500

7997               From Dedicated Credits Revenue
51,600

7998               From Dedicated Credits Revenue, One-time
200

7999               From Expendable Receipts
180,300

8000               From Expendable Receipts, One-time
500

8001               From Ut. S. Energy Program Rev. Loan Fund (ARRA)
223,000

8002               From Ut. S. Energy Program Rev. Loan Fund (ARRA),
8003                One-time
700

8004               From Beginning Nonlapsing
1,205,200

8005               Schedule of Programs:
8006                    Office of Energy Development               4,137,700
8007          Notwithstanding the effective date, the Legislature intends that the affected agencies
8008     have until July 1, 2022, to update the financial and information systems necessary to come into
8009     full compliance with the provisions of this bill.
8010          The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
8011     Finance reflect all closing nonlapsing appropriation balances from Parks and Recreation
8012     Capital Budget line item as fiscal year 2022 beginning nonlapsing appropriation balances as
8013     follows: $15,205,000 in the new Parks Capital line item and $9,374,000 in the new Recreation
8014     Capital line item.
8015          The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
8016     Finance transfer all closing nonlapsing appropriation balances from Governor's Office - Office
8017     of Energy Development line item as fiscal year 2022 beginning nonlapsing appropriation
8018     balances in the Department of Natural Resources -- Office of Energy Development line item.
8019          Section 165. Effective date.
8020          This bill takes effect on July 1, 2021.

8021          Section 166. Coordinating H.B. 346 with H.B. 176 -- Technical amendment.
8022          If this H.B. 346 and H.B. 176, Revisor's Technical Corrections to Utah Code, both pass
8023     and become law, the Legislature intends that the Office of Legislative Research and General
8024     Counsel shall prepare the Utah Code database for publication by changing the reference in
8025     Subsection 59-10-1034(5)(b)(i)(C) from Section 63M-4-505 to Section 79-6-605.
8026          Section 167. Coordinating H.B. 346 with H.B. 341 -- Substantive amendment.
8027          If this H.B. 346 and H.B. 341, Bears Ears Visitor Center Advisory Committee, both
8028     pass and become law, the Legislature intends that the Office of Legislative Research and
8029     General Counsel shall prepare the Utah Code database for publication by amending Subsection
8030     9-9-112(9) enacted in H.B. 341 to read:
8031          "(9) The advisory committee may invite the United States Forest Service, the Bureau of
8032     Land Management, the Division of State Parks, the Division of Recreation, and the Utah Office
8033     of Tourism within the Governor's Office of Economic Development, to serve as technical
8034     advisors to the advisory committee.".
8035          Section 168. Coordinating H.B. 346 with H.B. 348 -- Substantive amendment.
8036          If this H.B. 346 and H.B. 348, Economic Development Amendments, both pass and
8037     become law, the Legislature intends that the Office of Legislative Research and General
8038     Counsel shall prepare the Utah Code database for publication by amending Subsection
8039     79-8-303(3) to read:
8040          "(3) A UCORE grant may only be awarded by the executive director after consultation
8041     with the director and the [board] Outdoor Adventure Commission.".
8042          Section 169. Revisor instructions.
8043          (1) The Legislature intends that the Office of Legislative Research and General
8044     Counsel, in preparing the Utah Code database for publication, replace the references in Section
8045     79-2-206 from "this bill" to the bill's designated chapter number in the Laws of Utah.
8046          (2) The Legislature intends that the Office of Legislative Research and General
8047     Counsel, in preparing the Utah Code database for publication, replace cross references to
8048     sections renumbered by this bill that are added to the Utah Code by legislation passed during

8049     the 2021 General Session that become law.