S.B. 66

1

ANIMAL FEEDING OPERATION GRANTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 This act modifies the Agriculture Code by authorizing the Soil Conservation Commission
6 to make grants to owners or operators of animal feeding operations for plans or projects to
7 improve manure management or control surface water runoff. The act specifies criteria to
8 be considered in the awarding of the grants and requires the Soil Conservation Commission
9 to make rules. This act appropriates h [ an ongoing appropriation of $500,000 ] $400,000 h from
9a the General
10 Fund for fiscal year 2001-02 to the Department of Agriculture and Food for grants to owners
11 or operators of animal feeding operations. This act takes effect on July 1, 2001.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 4-18-3, as last amended by Chapter 122, Laws of Utah 1992
15 ENACTS:
16 4-18-6.5, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 4-18-3 is amended to read:
19 4-18-3. Definitions.
20 As used in this chapter:
21 (1) "Alternate" means a substitute for a district supervisor if the district supervisor cannot
22 attend a meeting.
23 (2) "Animal feeding operation" means a facility where animals, other than aquatic animals,
24 are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month
25 period. Animals are not considered to be stabled or confined when they are in areas such as
26 pastures or rangeland that sustain crops or forage growth during the entire time the animals are
27 present.

28 [(2)] (3) "Commission" means the Soil Conservation Commission created by this chapter.
29 (4) "Comprehensive nutrient management plan" means a plan that identifies actions or
30 priorities that will be followed to meet clearly defined nutrient management goals at an animal
31 feeding operation.
32 [(3)] (5) "District" or "soil conservation district" means a governmental subdivision of this
33 state organized under Section 17A-3-801 .
34 Section 2. Section 4-18-6.5 is enacted to read:
35 4-18-6.5. Grants to improve manure management or control runoff at animal feeding
36 operations.
37 (1) (a) The commission may make grants to owners or operators of animal feeding
38 operations to pay for costs of plans or projects to improve manure management or control surface
39 water runoff, including costs of preparing or implementing comprehensive nutrient management
40 plans.
41 (b) The commission shall make the grants described in Subsection (1)(a) from funds
42 appropriated by the Legislature for that purpose.
43 (2) (a) In awarding grants, the commission shall consider the following criteria:
44 (i) the ability of the grantee to pay for costs of plans or projects to improve manure
45 management or control surface water runoff;
46 (ii) the availability of:
47 (A) matching funds provided by the grantee or another source; or
48 (B) material, labor, or other items of value provided in lieu of money by the grantee or
49 another source; and
50 (iii) the benefits that accrue to the general public by the awarding of a grant.
51 (b) The commission may establish by rule additional criteria for the awarding of grants.
52 (3) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
53 Administrative Rulemaking Act, to implement this section.
54 Section 3. Appropriation.
55 (1) h [ Subject to future budget constraints, ] h there is appropriated h [ , as an ongoing
55a appropriation,
56 $500,000 ] $400,000 h from the General Fund for fiscal year 2001-02 to the Department of
56a Agriculture and
57 Food for grants to owners or operators of animal feeding operations to pay for costs of plans or
58 projects to improve manure management or control surface water runoff.

59 (2) The money appropriated in Subsection (1) is nonlapsing.
60 Section 4. Effective date.
61 This act takes effect on July 1, 2001.




Legislative Review Note
as of 1-22-01 5:44 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel