H.B. 11 Enrolled

1

RECODIFICATION OF NATURAL RESOURCES
2 PROVISIONS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John G. Mathis
6 Senate Sponsor: Dennis E. Stowell
7
8 LONG TITLE
9 General Description:
10 This bill amends and enacts provisions relating to natural resources.
11 Highlighted Provisions:
12 This bill:
13 . creates Title 79, Natural Resources;
14 . enacts chapter and part titles;
15 . renumbers and amends the following chapters from Title 63, State Affairs in
16 General:
17 . Chapter 34, Utah Natural Resources Act;
18 . Chapter 73, Geological Survey;
19 . Chapter 11, Parks and Recreation; and
20 . Chapter 11a, Recreational Trails;
21 . amends cross-references to the renumbered sections;
22 . cross-references sections that create policy boards within the department with a
23 general provision relating to policy board members;
24 . exempts policy board members from a provision in the Utah Public Officers' and
25 Employees' Ethics Act if the member refrains from voting on a matter in which the
26 member has an interest;
27 . repeals and reenacts sections relating to:
28 . the department's authority to adopt a fee schedule;
29 . the department's authority to accept federal funds;

30 . the department's authority to plan for the development and conservation of
31 natural resources and outdoor recreational resources;
32 . department volunteers;
33 . the Board of Parks and Recreation's rulemaking authority; and
34 . fees for the Green River State Park;
35 . defines terms;
36 . repeals intent language;
37 . repeals part of a provision relating to policy board members;
38 . clarifies the applicability of the Administrative Procedures Act in department
39 proceedings;
40 . repeals part of a provision that is no longer applicable relating to interest generated
41 by the Utah Geological Survey Sample Library Fund;
42 . amends a provision related to paleontological resources on SITLA land;
43 . repeals a provision relating to geological survey employees under the University of
44 Utah salary schedule;
45 . repeals several sections related to state parks that are no longer applicable,
46 including references to:
47 . the Utah State Park and Recreation Commission;
48 . Jordan River State Park;
49 . the Riverway Enhancement Advisory Council;
50 . the Riverway Enhancement Program;
51 . the old Utah State Prison;
52 . Wasatch Mountain State Park;
53 . Pioneer Monument State Park;
54 . Bonneville Scenic Drive; and
55 . Indian and frontier history and culture;
56 . requires the Division of Parks and Recreation to hold a public hearing if requested
57 by a county legislative body;

58 . repeals the Centennial Nonmotorized Path and Trail Crossing Program;
59 . clarifies the Board of Parks and Recreation's authority to give grants for
60 recreational trails; and
61 . makes technical changes.
62 Monies Appropriated in this Bill:
63 None
64 Other Special Clauses:
65 None
66 Utah Code Sections Affected:
67 AMENDS:
68 11-38-302, as last amended by Laws of Utah 2005, Chapter 138
69 23-14-2, as last amended by Laws of Utah 2002, Chapter 176
70 40-6-2, as last amended by Laws of Utah 1992, Chapter 34
71 40-6-4, as last amended by Laws of Utah 2002, Chapter 176
72 40-6-15, as enacted by Laws of Utah 1983, Chapter 205
73 40-6-17, as enacted by Laws of Utah 1983, Chapter 205
74 40-6-19, as last amended by Laws of Utah 2002, Chapter 256
75 40-8-4, as last amended by Laws of Utah 2008, Chapter 382
76 40-8-6, as last amended by Laws of Utah 2008, Chapter 382
77 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
78 41-22-12, as last amended by Laws of Utah 2007, Chapter 136
79 53-13-103, as last amended by Laws of Utah 2007, Chapter 329
80 54-17-701, as enacted by Laws of Utah 2008, Chapter 374
81 59-5-101, as last amended by Laws of Utah 2008, Chapter 382
82 59-7-614, as last amended by Laws of Utah 2008, Chapter 389
83 59-10-1014, as last amended by Laws of Utah 2008, Chapter 389
84 59-10-1106, as last amended by Laws of Utah 2008, Chapter 389
85 59-12-103, as last amended by Laws of Utah 2008, Second Special Session, Chapter 5

86 59-23-4, as last amended by Laws of Utah 2005, Chapter 16
87 63A-5-204, as last amended by Laws of Utah 2008, Chapter 382
88 63A-5-222, as last amended by Laws of Utah 2008, Chapter 250
89 63B-4-201, as last amended by Laws of Utah 2008, Chapter 382
90 63C-11-102, as enacted by Laws of Utah 2007, Chapter 361
91 63G-2-206, as last amended by Laws of Utah 2008, Chapter 95 and renumbered and
92 amended by Laws of Utah 2008, Chapter 382
93 63G-2-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
94 63J-4-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
95 65A-1-1, as last amended by Laws of Utah 1996, Chapter 159
96 65A-1-2, as last amended by Laws of Utah 1996, Chapter 159
97 65A-1-3, as last amended by Laws of Utah 1996, Chapters 159 and 243
98 65A-1-4, as last amended by Laws of Utah 2008, Chapter 382
99 65A-8-302, as renumbered and amended by Laws of Utah 2007, Chapter 136
100 67-19-27, as last amended by Laws of Utah 2003, Chapter 123
101 72-2-117.5, as last amended by Laws of Utah 2008, Chapter 286
102 72-5-203, as last amended by Laws of Utah 2008, Chapter 382
103 72-11-204, as renumbered and amended by Laws of Utah 1999, Chapter 195
104 73-3-30, as enacted by Laws of Utah 2008, Chapter 311
105 73-10-2, as last amended by Laws of Utah 2003, Chapter 131
106 73-10c-2, as last amended by Laws of Utah 2007, Chapter 142
107 73-10e-1, as last amended by Laws of Utah 1986, Chapter 167
108 76-6-206.2, as enacted by Laws of Utah 2004, Chapter 103
109 78A-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
110 78A-4-103, as renumbered and amended by Laws of Utah 2008, Chapter 3
111 ENACTS:
112 79-1-101, Utah Code Annotated 1953
113 79-1-102, Utah Code Annotated 1953

114 79-2-101, Utah Code Annotated 1953
115 79-2-102, Utah Code Annotated 1953
116 79-2-302, Utah Code Annotated 1953
117 79-3-101, Utah Code Annotated 1953
118 79-4-101, Utah Code Annotated 1953
119 79-4-102, Utah Code Annotated 1953
120 79-4-304, Utah Code Annotated 1953
121 79-5-101, Utah Code Annotated 1953
122 RENUMBERS AND AMENDS:
123 79-2-201, (Renumbered from 63-34-3, as last amended by Laws of Utah 1996, Chapter
124 159)
125 79-2-202 (Contingently Effective), (Renumbered from 63-34-5 (Contingently
126 Effective), as last amended by Laws of Utah 2008, Chapter 382)
127 79-2-202 (Contingently Superseded), (Renumbered from 63-34-5 (Contingently
128 Superseded), as last amended by Laws of Utah 2003, Chapter 144)
129 79-2-203, (Renumbered from 63-34-4, as last amended by Laws of Utah 2002, Chapter
130 176)
131 79-2-204, (Renumbered from 63-34-6, as last amended by Laws of Utah 2008, Chapter
132 250)
133 79-2-205, (Renumbered from 63-34-3.1, as last amended by Laws of Utah 2008,
134 Chapter 382)
135 79-2-301, (Renumbered from 63-34-8, as last amended by Laws of Utah 1983, Chapter
136 318)
137 79-2-303, (Renumbered from 63-34-14, as last amended by Laws of Utah 2005,
138 Chapter 71)
139 79-2-304, (Renumbered from 63-34-20, as enacted by Laws of Utah 2006, Chapter 35)
140 79-2-305 (Contingently Effective), (Renumbered from 63-34-3.2 (Contingently
141 Effective), as enacted by Laws of Utah 2002, Chapter 142)

142 79-2-306 (Contingently Effective), (Renumbered from 63-34-3.3 (Contingently
143 Effective), as enacted by Laws of Utah 2002, Chapter 142)
144 79-2-401, (Renumbered from 63-34-9, as enacted by Laws of Utah 1981, Chapter 186)
145 79-2-402, (Renumbered from 63-34-15, as last amended by Laws of Utah 2008,
146 Chapter 382)
147 79-2-403, (Renumbered from 63-34-21, as enacted by Laws of Utah 2008, Chapters
148 203 and 203)
149 79-3-102, (Renumbered from 63-73-1, as last amended by Laws of Utah 1996, Chapter
150 79)
151 79-3-201, (Renumbered from 63-73-5, as enacted by Laws of Utah 1988, Chapter 137)
152 79-3-202, (Renumbered from 63-73-6, as last amended by Laws of Utah 2008, Chapter
153 382)
154 79-3-203, (Renumbered from 63-73-7, as enacted by Laws of Utah 1988, Chapter 137)
155 79-3-204, (Renumbered from 63-73-8, as enacted by Laws of Utah 1988, Chapter 137)
156 79-3-205, (Renumbered from 63-73-9, as enacted by Laws of Utah 1988, Chapter 137)
157 79-3-301, (Renumbered from 63-73-2, as last amended by Laws of Utah 1991, Chapter
158 28)
159 79-3-302, (Renumbered from 63-73-3, as last amended by Laws of Utah 1996, Chapter
160 243)
161 79-3-303, (Renumbered from 63-73-4, as last amended by Laws of Utah 2008, Chapter
162 382)
163 79-3-401, (Renumbered from 63-73-10, as enacted by Laws of Utah 1988, Chapter
164 137)
165 79-3-402, (Renumbered from 63-73-21, as last amended by Laws of Utah 2002,
166 Chapter 256)
167 79-3-501, (Renumbered from 63-73-12, as enacted by Laws of Utah 1995, Chapter
168 170)
169 79-3-502, (Renumbered from 63-73-13, as enacted by Laws of Utah 1995, Chapter

170 170)
171 79-3-503, (Renumbered from 63-73-14, as enacted by Laws of Utah 1995, Chapter
172 170)
173 79-3-504, (Renumbered from 63-73-15, as enacted by Laws of Utah 1995, Chapter
174 170)
175 79-3-505, (Renumbered from 63-73-16, as enacted by Laws of Utah 1995, Chapter
176 170)
177 79-3-506, (Renumbered from 63-73-17, as enacted by Laws of Utah 1995, Chapter
178 170)
179 79-3-507, (Renumbered from 63-73-18, as enacted by Laws of Utah 1995, Chapter
180 170)
181 79-3-508, (Renumbered from 63-73-19, as enacted by Laws of Utah 1995, Chapter
182 170)
183 79-3-509, (Renumbered from 63-73-20, as last amended by Laws of Utah 1996,
184 Chapter 15)
185 79-3-510, (Renumbered from 63-73-11, as enacted by Laws of Utah 1995, Chapter
186 170)
187 79-4-201, (Renumbered from 63-11-17.1, as last amended by Laws of Utah 1969,
188 Chapter 198)
189 79-4-202, (Renumbered from 63-11-18, as last amended by Laws of Utah 1983,
190 Chapter 318)
191 79-4-203, (Renumbered from 63-11-17, as last amended by Laws of Utah 2008,
192 Chapters 3, 201, and 382)
193 79-4-204, (Renumbered from 63-11-19, as last amended by Laws of Utah 1969,
194 Chapter 198)
195 79-4-205, (Renumbered from 63-11-20, as repealed and reenacted by Laws of Utah
196 1993, Chapter 247)
197 79-4-206, (Renumbered from 63-11-68, as enacted by Laws of Utah 2008, Chapter

198 285)
199 79-4-301, (Renumbered from 63-11-12, as last amended by Laws of Utah 2008,
200 Chapter 382)
201 79-4-302, (Renumbered from 63-11-14, as last amended by Laws of Utah 2002,
202 Chapter 176)
203 79-4-303, (Renumbered from 63-11-16, as enacted by Laws of Utah 1967, Chapter
204 176)
205 79-4-305, (Renumbered from 63-11-13, as last amended by Laws of Utah 1983,
206 Chapter 318)
207 79-4-401, (Renumbered from 63-11-21, as last amended by Laws of Utah 1983,
208 Chapter 318)
209 79-4-402, (Renumbered from 63-11-66, as last amended by Laws of Utah 2004,
210 Chapter 103)
211 79-4-403, (Renumbered from 63-11-19.5, as last amended by Laws of Utah 2000,
212 Chapter 70)
213 79-4-404, (Renumbered from 63-11-67, as enacted by Laws of Utah 2008, Chapter
214 201)
215 79-4-501, (Renumbered from 63-11-17.2, as last amended by Laws of Utah 1998,
216 Chapter 282)
217 79-4-502, (Renumbered from 63-11-17.3, as last amended by Laws of Utah 1997,
218 Chapter 315)
219 79-4-601, (Renumbered from 63-11-3, as last amended by Laws of Utah 1969, Chapter
220 198)
221 79-4-602, (Renumbered from 63-11-54.5, as last amended by Laws of Utah 2000,
222 Chapter 20)
223 79-4-603, (Renumbered from 63-11-54, as enacted by Laws of Utah 1973, Chapter
224 161)
225 79-4-604, (Renumbered from 63-11-55, as enacted by Laws of Utah 1973, Chapter

226 161)
227 79-4-701, (Renumbered from 63-11-3.1, as last amended by Laws of Utah 2000,
228 Chapter 300)
229 79-4-702, (Renumbered from 63-11-3.2, as enacted by Laws of Utah 1998, Chapter
230 225)
231 79-4-703, (Renumbered from 63-11-3.3, as enacted by Laws of Utah 1998, Chapter
232 225)
233 79-4-704, (Renumbered from 63-11-10.2, as last amended by Laws of Utah 1969,
234 Chapter 198)
235 79-4-705, (Renumbered from 63-11-10.3, as last amended by Laws of Utah 1969,
236 Chapter 198)
237 79-4-801, (Renumbered from 63-11-16.5, as last amended by Laws of Utah 1986,
238 Chapter 167)
239 79-4-802, (Renumbered from 63-11-17.8, as last amended by Laws of Utah 2000,
240 Chapter 20)
241 79-4-901, (Renumbered from 63-11-63, as enacted by Laws of Utah 1977, Chapter
242 182)
243 79-4-1001, (Renumbered from 63-11-19.2, as last amended by Laws of Utah 2003,
244 Chapter 336)
245 79-5-102, (Renumbered from 63-11a-101, as enacted by Laws of Utah 1991, Chapter
246 144)
247 79-5-103, (Renumbered from 63-11a-102, as enacted by Laws of Utah 1991, Chapter
248 144)
249 79-5-201, (Renumbered from 63-11a-401, as enacted by Laws of Utah 1991, Chapter
250 144)
251 79-5-202, (Renumbered from 63-11a-402, as last amended by Laws of Utah 1999,
252 Chapter 270)
253 79-5-301, (Renumbered from 63-11a-201, as enacted by Laws of Utah 1991, Chapter

254 144)
255 79-5-302, (Renumbered from 63-11a-103, as last amended by Laws of Utah 2008,
256 Chapter 308)
257 79-5-303, (Renumbered from 63-11a-202, as enacted by Laws of Utah 1991, Chapter
258 144)
259 79-5-304, (Renumbered from 63-11a-203, as last amended by Laws of Utah 1993,
260 Chapter 281)
261 79-5-401, (Renumbered from 63-11a-301, as last amended by Laws of Utah 1993,
262 Chapter 281)
263 79-5-501, (Renumbered from 63-11a-501, as last amended by Laws of Utah 2000,
264 Chapter 20)
265 79-5-502, (Renumbered from 63-11a-502, as enacted by Laws of Utah 1991, Chapter
266 144)
267 79-5-503, (Renumbered from 63-11a-504, as enacted by Laws of Utah 1999, Chapter
268 342)
269 REPEALS:
270 63-11-1, as last amended by Laws of Utah 2007, Chapter 306
271 63-11-17.5, as last amended by Laws of Utah 1993, Chapter 227
272 63-11-17.7, as last amended by Laws of Utah 1999, Chapter 213
273 63-11-19.1, as last amended by Laws of Utah 1997, Chapter 276
274 63-11-19.6, as last amended by Laws of Utah 2000, Chapter 70
275 63-11-33, as last amended by Laws of Utah 1987, Chapter 167
276 63-11-34, as enacted by Laws of Utah 1969, Chapter 139
277 63-11-35, as enacted by Laws of Utah 1969, Chapter 139
278 63-11-36, as enacted by Laws of Utah 1969, Chapter 139
279 63-11-56, as enacted by Laws of Utah 1974, Chapter 29
280 63-11-62, as enacted by Laws of Utah 1977, Chapter 182
281 63-11a-503, as last amended by Laws of Utah 2008, Chapter 382

282 63-34-1, as enacted by Laws of Utah 1967, Chapter 176
283 63-34-7, as last amended by Laws of Utah 1969, Chapter 198
284 63-34-10, as enacted by Laws of Utah 1981, Chapter 186
285 63-34-11, as last amended by Laws of Utah 1999, Chapter 236
286 63-34-12, as last amended by Laws of Utah 2006, Chapter 139
287 63-34-16, as renumbered and amended by Laws of Utah 2003, Chapter 16
288 63-34-17, as last amended by Laws of Utah 2008, Chapter 382
289 63-34-18, as renumbered and amended by Laws of Utah 2003, Chapter 16
290 63-34-19, as renumbered and amended by Laws of Utah 2003, Chapter 16
291
292 Be it enacted by the Legislature of the state of Utah:
293 Section 1. Section 11-38-302 is amended to read:
294 11-38-302. Use of money in fund -- Criteria -- Administration.
295 (1) Subject to Subsection (2), the commission may authorize the use of money in the
296 fund, by grant or loan, to:
297 (a) a local entity;
298 (b) the Department of Natural Resources created under Section [ 63-34-3 ] 79-2-201 ;
299 (c) the Department of Agriculture and Food created under Section 4-2-1 ; or
300 (d) a charitable organization that qualifies as being tax exempt under Section
301 501(c)(3) of the Internal Revenue Code.
302 (2) (a) The money in the fund shall be used for preserving or restoring open land and
303 agricultural land.
304 (b) (i) Except as provided in Subsection (2)(b)(ii), money from the fund may not be
305 used to purchase a fee interest in real property in order to preserve open land or agricultural
306 land, but may be used to establish a conservation easement under Title 57, Chapter 18, Land
307 Conservation Easement Act, or to fund similar methods to preserve open land or agricultural
308 land.
309 (ii) Notwithstanding Subsection (2)(b)(i), money from the fund may be used to

310 purchase a fee interest in real property to preserve open land or agricultural land if:
311 (A) the parcel to be purchased is no more than 20 acres in size; and
312 (B) with respect to a parcel purchased in a county in which over 50% of the land area
313 is publicly owned, real property roughly equivalent in size and located within that county is
314 contemporaneously transferred to private ownership from the governmental entity that
315 purchased the fee interest in real property.
316 (iii) Eminent domain may not be used or threatened in connection with any purchase
317 using money from the fund.
318 (iv) A parcel of land larger than 20 acres in size may not be divided into separate
319 parcels smaller than 20 acres each to meet the requirement of Subsection (2)(b)(ii).
320 (c) A [county, city, town] local entity, department, or organization under Subsection
321 (1) may not receive money from the fund unless it provides matching funds equal to or greater
322 than the amount of money received from the fund.
323 (d) In loaning or granting money from the fund, the commission may impose
324 conditions on the recipient as to how the money is to be spent.
325 (e) The commission shall give priority to requests from the Department of Natural
326 Resources for up to 20% of each annual increase in the amount of money in the fund if the
327 money is used for the protection of wildlife or watershed.
328 (f) (i) The commission may not make a grant or loan from the fund that exceeds
329 $1,000,000 until after making a report to the Legislative Management Committee about the
330 grant or loan.
331 (ii) The Legislative Management Committee may make a recommendation to the
332 commission concerning the intended grant or loan, but the recommendation is not binding on
333 the commission.
334 (3) (a) If money from the fund is distributed in the form of a loan, the commission
335 may require interest to be paid and shall establish other terms of each loan, including a
336 repayment schedule.
337 (b) Each payment on a loan from the fund shall be returned to the fund and shall be

338 applied first to interest and then to principal.
339 (4) In determining the amount and type of financial assistance to provide an entity,
340 department, or organization under Subsection (1) and subject to Subsection (2)(f), the
341 commission:
342 (a) if the assistance is in the form of a loan, shall consider the borrower's ability to
343 repay the loan; and
344 (b) shall consider:
345 (i) the nature and amount of open land and agricultural land proposed to be preserved
346 or restored;
347 (ii) the qualities of the open land and agricultural land proposed to be preserved or
348 restored;
349 (iii) the cost effectiveness of the project to preserve or restore open land or agricultural
350 land;
351 (iv) the funds available;
352 (v) the number of actual and potential applications for financial assistance and the
353 amount of money sought by those applications;
354 (vi) the open land preservation plan of the local entity where the project is located and
355 the priority placed on the project by that local entity;
356 (vii) the effects on housing affordability and diversity; and
357 (viii) whether the project protects against the loss of private property ownership.
358 (5) If a [county, city, town] local entity, department, or organization under Subsection
359 (1) seeks money from the fund for a project whose purpose is to protect critical watershed, the
360 commission shall require that the needs and quality of that project be verified by the state
361 engineer.
362 (6) Each interest in real property purchased with money from the fund shall be held
363 and administered by the state or a local entity.
364 Section 2. Section 23-14-2 is amended to read:
365 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --

366 Meetings -- Per diem and expenses.
367 (1) There is created a Wildlife Board which shall consist of seven members appointed
368 by the governor with the consent of the Senate.
369 (2) (a) [The] In addition to the requirements of Section 79-2-203 , the members of the
370 board shall have expertise or experience in at least one of the following areas:
371 (i) wildlife management or biology;
372 (ii) habitat management, including range or aquatic;
373 (iii) business, including knowledge of private land issues; and
374 (iv) economics, including knowledge of recreational wildlife uses.
375 (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
376 least one member of the Wildlife Board.
377 (3) (a) The governor shall select each board member from a list of nominees submitted
378 by the nominating committee pursuant to Section 23-14-2.5 .
379 (b) No more than two members shall be from a single wildlife region described in
380 Subsection 23-14-2.6 (1).
381 (c) The governor may request an additional list of at least two nominees from the
382 nominating committee if the initial list of nominees for a given position is unacceptable.
383 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
384 the initial or additional list, the nominating committee shall make an interim appointment by
385 majority vote.
386 (ii) The interim board member shall serve until the matter is resolved by the committee
387 and the governor or until the board member is replaced pursuant to this chapter.
388 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
389 expire, the governor shall appoint each new member or reappointed member to a six-year term.
390 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
391 time of appointment or reappointment, adjust the length of terms to ensure that:
392 (i) the terms of board members are staggered so that approximately 1/3 of the board is
393 appointed every two years; and

394 (ii) members serving from the same region have staggered terms.
395 (c) If a vacancy occurs, the nominating committee shall submit two names, as
396 provided in Subsection 23-14-2.5 (4), to the governor and the governor shall appoint a
397 replacement for the unexpired term.
398 (d) Board members may serve only one term unless:
399 (i) the member is among the first board members appointed to serve four years or less;
400 or
401 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
402 (5) (a) The board shall elect a chair and a vice chair from its membership.
403 (b) Four members of the board shall constitute a quorum.
404 (c) The director of the Division of Wildlife Resources shall act as secretary to the
405 board but shall not be a voting member of the board.
406 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
407 to expeditiously conduct its business.
408 (b) Meetings may be called by the chair upon five days notice or upon shorter notice
409 in emergency situations.
410 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
411 Resources or elsewhere as determined by the Wildlife Board.
412 (7) (a) (i) Members who are not government employees shall receive no compensation
413 or benefits for their services, but may receive per diem and expenses incurred in the
414 performance of the member's official duties at the rates established by the Division of Finance
415 under Sections 63A-3-106 and 63A-3-107 .
416 (ii) Members may decline to receive per diem and expenses for their service.
417 (b) (i) State government officer and employee members who do not receive salary, per
418 diem, or expenses from their agency for their service may receive per diem and expenses
419 incurred in the performance of their official duties from the board at the rates established by
420 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
421 (ii) State government officer and employee members may decline to receive per diem

422 and expenses for their service.
423 (8) (a) The members of the Wildlife Board shall complete an orientation course to
424 assist them in the performance of the duties of their office.
425 (b) The Department of Natural Resources shall provide the course required under
426 Subsection (8)(a).
427 Section 3. Section 40-6-2 is amended to read:
428 40-6-2. Definitions.
429 For the purpose of this chapter:
430 (1) "Board" means the Board of Oil, Gas, and Mining.
431 (2) "Correlative rights" means the opportunity of each owner in a pool to produce his
432 just and equitable share of the oil and gas in the pool without waste.
433 (3) "Condensate" means hydrocarbons, regardless of gravity, that:
434 (a) occur naturally in the gaseous phase in the reservoir; and
435 (b) are separated from the natural gas as liquids through the process of condensation
436 either in the reservoir, in the wellbore, or at the surface in field separators.
437 (4) "Consenting owner" means an owner who consents in advance to the drilling and
438 operation of a well and agrees to bear his proportionate share of the costs of the drilling and
439 operation of the well.
440 (5) "Crude oil" means hydrocarbons, regardless of gravity, that:
441 (a) occur naturally in the liquid phase in the reservoir; and
442 (b) are produced and recovered at the wellhead in liquid form.
443 (6) (a) "Gas" means natural gas, as defined in Subsection (9), natural gas liquids, as
444 defined in Subsection (10), other gas, as defined in Subsection (14), or any mixture of them.
445 (b) "Gas" does not include any gaseous or liquid substance processed from coal, oil
446 shale, or tar sands.
447 (7) "Illegal oil" or "illegal gas" means oil or gas that has been produced from any well
448 within the state in violation of this chapter or any rule or order of the board.
449 (8) "Illegal product" means any product derived in whole or in part from illegal oil or

450 illegal gas.
451 (9) (a) "Natural gas" means hydrocarbons that occur naturally in the gaseous phase in
452 the reservoir and are produced and recovered at the wellhead in gaseous form, except natural
453 gas liquids as defined in Subsection (10) and condensate as defined in Subsection (3).
454 (b) "Natural gas" includes coalbed methane gas.
455 (10) "Natural gas liquids" means hydrocarbons, regardless of gravity, that are
456 separated from natural gas as liquids in gas processing plants through the process of
457 condensation, absorption, adsorption, or other methods.
458 (11) "Nonconsenting owner" means an owner who after written notice does not
459 consent in advance to the drilling and operation of a well or agree to bear his proportionate
460 share of the costs.
461 (12) (a) "Oil" means crude oil, as defined in Subsection (5), condensate, as defined in
462 Subsection (3), or any mixture of them.
463 (b) "Oil" does not include any gaseous or liquid substance processed from coal, oil
464 shale, or tar sands.
465 (13) (a) "Oil and gas proceeds" means any payment that:
466 (i) derives from oil and gas production from any well located in the state;
467 (ii) is expressed as a right to a specified interest in the:
468 (A) cash proceeds received from the sale of the oil and gas; or
469 (B) the cash value of the oil and gas; and
470 (iii) is subject to any tax withheld from the payment pursuant to law.
471 (b) "Oil and gas proceeds" includes a royalty interest, overriding royalty interest,
472 production payment interest, or working interest.
473 (c) "Oil and gas proceeds" does not include a net profits interest or other interest the
474 extent of which cannot be determined with reference to a specified share of:
475 (i) the cash proceeds received from the sale of the oil and gas; or
476 (ii) the cash value of the oil and gas.
477 (14) (a) "Other gas" means nonhydrocarbon gases that:

478 (i) occur naturally in the gaseous phase in the reservoir; or
479 (ii) are injected into the reservoir in connection with pressure maintenance, gas
480 cycling, or other secondary or enhanced recovery projects.
481 (b) "Other gas" includes hydrogen sulfide, carbon dioxide, helium, and nitrogen.
482 (15) "Owner" means the person who has the right:
483 (a) to drill into and produce from a reservoir; and
484 (b) appropriate the oil and gas produced for himself or for himself and others.
485 (16) "Operator" means the person who has been designated by the owners or the board
486 to operate a well or unit.
487 (17) "Payor" means the person who undertakes to distribute oil and gas proceeds to the
488 persons entitled to them, whether as the first purchaser of that production, as operator of the
489 well from which the production was obtained, or as lessee under the lease on which royalty is
490 due.
491 (18) "Pool" means an underground reservoir containing a common accumulation of oil
492 or gas or both. Each zone of a general structure that is completely separated from any other
493 zone in the structure is a separate pool. "Common source of supply" and "reservoir" are
494 synonymous with "pool."
495 (19) "Pooling" means the bringing together of separately owned interests for the
496 common development and operation of a drilling unit.
497 (20) "Producer" means the owner or operator of a well capable of producing oil and
498 gas.
499 (21) "Product" means any commodity made from oil and gas.
500 (22) "Waste" means:
501 (a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or
502 gas or reservoir energy;
503 (b) the inefficient storing of oil or gas;
504 (c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a
505 manner that causes:

506 (i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir
507 under prudent and economical operations;
508 (ii) unnecessary wells to be drilled; or
509 (iii) the loss or destruction of oil or gas either at the surface or subsurface; or
510 (d) the production of oil or gas in excess of:
511 (i) transportation or storage facilities; or
512 (ii) the amount reasonably required to be produced as a result of the proper drilling,
513 completing, testing, or operating of a well or otherwise utilized on the lease from which it is
514 produced.
515 Section 4. Section 40-6-4 is amended to read:
516 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
517 members -- Terms -- Chair -- Quorum -- Expenses.
518 (1) There is created within the Department of Natural Resources the Board of Oil, Gas,
519 and Mining. The board shall be the policy making body for the Division of Oil, Gas, and
520 Mining.
521 (2) The board shall consist of seven members appointed by the governor with the
522 consent of the Senate. No more than four members shall be from the same political party.
523 [The] In addition to the requirements of Section 79-2-203 , the members shall have the
524 following qualifications:
525 (a) two members knowledgeable in mining matters;
526 (b) two members knowledgeable in oil and gas matters;
527 (c) one member knowledgeable in ecological and environmental matters;
528 (d) one member who is a private land owner, owns a mineral or royalty interest and is
529 knowledgeable in those interests; and
530 (e) one member who is knowledgeable in geological matters.
531 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
532 expire, the governor shall appoint each new member or reappointed member to a four-year
533 term.

534 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
535 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
536 board members are staggered so that approximately half of the board is appointed every two
537 years.
538 (4) (a) When a vacancy occurs in the membership for any reason, the replacement
539 shall be appointed for the unexpired term by the governor with the consent of the Senate.
540 (b) The person appointed shall have the same qualifications as his predecessor.
541 (5) The board shall appoint its chair from the membership. Four members of the
542 board shall constitute a quorum for the transaction of business and the holding of hearings.
543 (6) (a) (i) Members who are not government employees shall receive no compensation
544 or benefits for their services, but may receive per diem and expenses incurred in the
545 performance of the member's official duties at the rates established by the Division of Finance
546 under Sections 63A-3-106 and 63A-3-107 .
547 (ii) Members may decline to receive per diem and expenses for their service.
548 (b) (i) State government officer and employee members who do not receive salary, per
549 diem, or expenses from their agency for their service may receive per diem and expenses
550 incurred in the performance of their official duties from the board at the rates established by
551 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
552 (ii) State government officer and employee members may decline to receive per diem
553 and expenses for their service.
554 Section 5. Section 40-6-15 is amended to read:
555 40-6-15. Division created -- Functions -- Director of division -- Qualifications of
556 program administrators.
557 There is created within the Department of Natural Resources the Division of Oil, Gas,
558 and Mining. The division shall implement the policies and orders of the board and perform all
559 other duties delegated by the board.
560 The director of the Division of Oil, Gas, and Mining shall be appointed by the director
561 of the Department of Natural Resources with the concurrence of the Board of Oil, Gas, and

562 Mining. The director shall be the executive and administrative head of the Division of Oil,
563 Gas, and Mining and shall be a person experienced in administration and knowledgeable in
564 the extraction of oil, gas, and minerals.
565 Within the division, the person administering the oil and gas program shall have the
566 technical background to efficiently administer that program. The person administering the
567 mining program shall have the technical background to efficiently administer that program.
568 Section 6. Section 40-6-17 is amended to read:
569 40-6-17. Cooperative research and development projects.
570 The board and the Division of Oil, Gas, and Mining are authorized to enter into
571 cooperative agreements with the national, state or local governments, and with independent
572 organizations and institutions for the purpose of carrying out research and development
573 experiments involving energy resources to the extent that the project is funded or partially
574 funded and approved by the Legislature.
575 Section 7. Section 40-6-19 is amended to read:
576 40-6-19. Bond and Surety Forfeiture Trust Fund created -- Contents -- Use of
577 fund monies.
578 (1) There is created a private-purpose trust fund known as the "Bond and Surety
579 Forfeiture Trust Fund."
580 (2) Monies collected by the Division of Oil, Gas, and Mining as a result of bond or
581 surety forfeitures shall be deposited in the fund.
582 (3) Interest earned on monies in the fund shall accrue to the fund.
583 (4) (a) Money from each forfeited bond or surety, together with interest, shall be used
584 by the Division of Oil, Gas, and Mining to accomplish the requisite performance standards
585 under the program to which the forfeited bond or surety corresponds.
586 (b) Any money not used for a project shall be returned to the rightful claimant.
587 Section 8. Section 40-8-4 is amended to read:
588 40-8-4. Definitions.
589 As used in this chapter:

590 (1) "Adjudicative proceeding" means:
591 (a) a division or board action or proceeding determining the legal rights, duties,
592 privileges, immunities, or other legal interests of one or more identifiable persons, including
593 actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right,
594 permit, or license; or
595 (b) judicial review of a division or board action or proceeding specified in Subsection
596 (1)(a).
597 (2) "Applicant" means a person who has filed a notice of intent to commence mining
598 operations, or who has applied to the board for a review of a notice or order.
599 (3) (a) "Approved notice of intention" means a formally filed notice of intention to
600 commence mining operations, including revisions to it, which has been approved under
601 Section 40-8-13 .
602 (b) An approved notice of intention is not required for small mining operations.
603 (4) "Board" means the Board of Oil, Gas, and Mining.
604 (5) "Conference" means an informal adjudicative proceeding conducted by the
605 division or board.
606 (6) (a) "Deposit" or "mineral deposit" means an accumulation of mineral matter in the
607 form of consolidated rock, unconsolidated material, solutions, or occurring on the surface,
608 beneath the surface, or in the waters of the land from which any product useful to man may be
609 produced, extracted, or obtained or which is extracted by underground mining methods for
610 underground storage.
611 (b) "Deposit" or "mineral deposit" excludes sand, gravel, rock aggregate, water,
612 geothermal steam, and oil and gas as defined in Title 40, Chapter 6, Board and Division of
613 Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining
614 operations.
615 (7) "Development" means the work performed in relation to a deposit following its
616 discovery but prior to and in contemplation of production mining operations, aimed at, but not
617 limited to, preparing the site for mining operations, defining further the ore deposit by drilling

618 or other means, conducting pilot plant operations, constructing roads or ancillary facilities,
619 and other related activities.
620 (8) "Division" means the Division of Oil, Gas, and Mining.
621 (9) "Emergency order" means an order issued by the board in accordance with the
622 provisions of Title 63G, Chapter 4, Administrative Procedures Act.
623 (10) (a) "Exploration" means surface-disturbing activities conducted for the purpose
624 of discovering a deposit or mineral deposit, delineating the boundaries of a deposit or mineral
625 deposit, and identifying regions or specific areas in which deposits or mineral deposits are
626 most likely to exist.
627 (b) "Exploration" includes, but is not limited to: sinking shafts; tunneling; drilling
628 holes and digging pits or cuts; building of roads, and other access ways; and constructing and
629 operating other facilities related to these activities.
630 (11) "Hearing" means a formal adjudicative proceeding conducted by the board under
631 its procedural rules.
632 (12) (a) "Imminent danger to the health and safety of the public" means the existence
633 of a condition or practice, or a violation of a permit requirement or other requirement of this
634 chapter in a mining operation, which condition, practice, or violation could reasonably be
635 expected to cause substantial physical harm to persons outside the permit area before the
636 condition, practice, or violation can be abated.
637 (b) A reasonable expectation of death or serious injury before abatement exists if a
638 rational person, subjected to the same conditions or practices giving rise to the peril, would not
639 expose himself or herself to the danger during the time necessary for abatement.
640 (13) (a) "Land affected" means the surface and subsurface of an area within the state
641 where mining operations are being or will be conducted, including, but not limited to:
642 (i) on-site private ways, roads, and railroads;
643 (ii) land excavations;
644 (iii) exploration sites;
645 (iv) drill sites or workings;

646 (v) refuse banks or spoil piles;
647 (vi) evaporation or settling ponds;
648 (vii) stockpiles;
649 (viii) leaching dumps;
650 (ix) placer areas;
651 (x) tailings ponds or dumps; and
652 (xi) work, parking, storage, or waste discharge areas, structures, and facilities.
653 (b) All lands shall be excluded from the provisions of Subsection (13)(a) that would:
654 (i) be includable as land affected, but which have been reclaimed in accordance with
655 an approved plan, as may be approved by the board; and
656 (ii) lands in which mining operations have ceased prior to July 1, 1977.
657 (14) (a) "Mining operation" means activities conducted on the surface of the land for
658 the exploration for, development of, or extraction of a mineral deposit, including, but not
659 limited to, surface mining and the surface effects of underground and in situ mining, on-site
660 transportation, concentrating, milling, evaporation, and other primary processing.
661 (b) "Mining operation" does not include:
662 (i) the extraction of sand, gravel, and rock aggregate;
663 (ii) the extraction of oil and gas as defined in Title 40, Chapter 6, Board and Division
664 of Oil, Gas, and Mining;
665 (iii) the extraction of geothermal steam;
666 (iv) smelting or refining operations;
667 (v) off-site operations and transportation;
668 (vi) reconnaissance activities; or
669 (vii) activities which will not cause significant surface resource disturbance or involve
670 the use of mechanized earth-moving equipment, such as bulldozers or backhoes.
671 (15) "Notice" means:
672 (a) notice of intention, as defined in this chapter; or
673 (b) written information given to an operator by the division describing compliance

674 conditions at a mining operation.
675 (16) "Notice of intention" means a notice to commence mining operations, including
676 revisions to the notice.
677 (17) "Off-site" means the land areas that are outside of or beyond the on-site land.
678 (18) (a) "On-site" means the surface lands on or under which surface or underground
679 mining operations are conducted.
680 (b) A series of related properties under the control of a single operator, but separated
681 by small parcels of land controlled by others, will be considered to be a single site unless an
682 exception is made by the division.
683 (19) "Operator" means a natural person, corporation, association, partnership, receiver,
684 trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
685 representative, either public or private, owning, controlling, or managing a mining operation
686 or proposed mining operation.
687 (20) "Order" means written information provided by the division or board to an
688 operator or other parties, describing the compliance status of a permit or mining operation.
689 (21) "Owner" means a natural person, corporation, association, partnership, receiver,
690 trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
691 representative, either public or private, owning, controlling, or managing a mineral deposit or
692 the surface of lands employed in mining operations.
693 (22) "Permit area" means the area of land indicated on the approved map submitted by
694 the operator with the application or notice to conduct mining operations.
695 (23) "Permit" means a permit or notice to conduct mining operations issued by the
696 division.
697 (24) "Permittee" means a person holding, or who is required by Utah law to hold, a
698 valid permit or notice to conduct mining operations.
699 (25) "Person" means an individual, partnership, association, society, joint stock
700 company, firm, company, corporation, or other governmental or business organization.
701 (26) "Reclamation" means actions performed during or after mining operations to

702 shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable,
703 ecological condition and use which will be consistent with local environmental conditions.
704 (27) "Small mining operations" means mining operations which disturb or will disturb
705 five or less surface acres at any given time.
706 (28) "Unwarranted failure to comply" means the failure of a permittee to prevent the
707 occurrence of a violation of the permit or a requirement of this chapter due to indifference,
708 lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or
709 this chapter due to indifference, lack of diligence, or lack of reasonable care.
710 Section 9. Section 40-8-6 is amended to read:
711 40-8-6. Board -- Powers, functions, and duties.
712 In addition to those provided in Title 40, Chapter 6, Board and Division of Oil, Gas,
713 and Mining, the board has the following powers, functions, and duties:
714 (1) To enact rules according to the procedures and requirements of Title 63G, Chapter
715 3, Utah Administrative Rulemaking Act, that are reasonably necessary to carry out the
716 purposes of this chapter.
717 (2) To hold hearings and to issue orders or other appropriate instruments based upon
718 the results of those hearings.
719 (3) To issue emergency orders according to the requirements and provisions of Title
720 63G, Chapter 4, Administrative Procedures Act.
721 (4) To do all other things and take such other actions within the purposes of this act as
722 may be necessary to enforce its provisions.
723 Section 10. Section 40-10-27 is amended to read:
724 40-10-27. Entry upon land adversely affected by past coal mining practices --
725 Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste
726 disposal fund -- Water pollution control and treatment plants.
727 (1) (a) If the board, after notice and hearing, makes a finding of fact as provided in
728 Subsection (1)(b), the agents, employees, or contractors of the division shall have the right to
729 enter property adversely affected by past coal mining practices and any other property to have

730 access to property adversely affected by past coal mining practices to do whatever is necessary
731 or expedient to restore, reclaim, abate, control, or prevent the adverse effects.
732 (b) The board shall find that:
733 (i) land or water resources have been adversely affected by past coal mining practices;
734 (ii) the adverse effects are at a stage where, in the public interest, action to restore,
735 reclaim, abate, control, or prevent should be taken; and
736 (iii) the owners of the land or water resources where entry must be made to restore,
737 reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
738 (A) are not known;
739 (B) are not readily available; or
740 (C) will not give permission for the state or its political subdivisions, their agents,
741 employees, or contractors to enter upon the property to restore, reclaim, abate, control, or
742 prevent the adverse effects of past coal mining practices.
743 (c) Notice of the division's right to enter the property shall be:
744 (i) given by mail, if the owners are known; and
745 (ii) posted upon the premises and advertised once in a newspaper of general
746 circulation in the county in which the land lies, if the owners are not known.
747 (d) This entry shall be construed as an exercise of the police power for the protection
748 of public health, safety, and general welfare and may not be construed as an act of
749 condemnation of property nor of trespass on it.
750 (e) The monies expended for this work and the benefits accruing to the premises
751 entered upon shall be chargeable against the land and shall mitigate or offset any claim in or
752 any action brought by any owner of any interest in these premises for any alleged damages by
753 virtue of the entry.
754 (f) This Subsection (1) is not intended to create new rights of action or eliminate
755 existing immunities.
756 (2) (a) The agents, employees, or contractors of the division may enter upon any
757 property for the purpose of conducting studies or exploratory work to determine the existence

758 of adverse effects of past coal mining practices and to determine the feasibility of restoration,
759 reclamation, abatement, control, or prevention of these adverse effects.
760 (b) This entry shall be construed as an exercise of the police power for the protection
761 of public health, safety, and general welfare and may not be construed as an act of
762 condemnation of property or trespass on it.
763 (3) The state may acquire any land by purchase, donation, or condemnation which is
764 adversely affected by past coal mining practices if the board, after notice and hearing,
765 determines that acquisition of this land is necessary to successful reclamation and that:
766 (a) the acquired land, after restoration, reclamation, abatement, control, or prevention
767 of the adverse effects of past coal mining practices, will serve recreation and historic purposes,
768 conservation and reclamation purposes, or provide open space benefits; and
769 (b) (i) permanent facilities such as a treatment plant or a relocated stream channel will
770 be constructed on the land for the restoration, reclamation, abatement, control, or prevention
771 of the adverse effects of past coal mining practices; or
772 (ii) acquisitions of coal refuse disposal sites and all coal refuse on the sites will serve
773 the purposes of this chapter or that public ownership is desirable to meet emergency situations
774 and prevent recurrences of the adverse effects of past coal mining practices.
775 (4) (a) Title to all lands acquired under this section shall be in the name of the state.
776 (b) The price paid for land acquired under this section shall reflect the market value of
777 the land as adversely affected by past coal mining practices.
778 (5) (a) If land acquired under this section is considered suitable for industrial,
779 commercial, residential, or recreational development, the division, in conjunction with the
780 Division of Forestry, Fire, and State Lands, may sell this land by public sale under a system of
781 competitive bidding, at not less than fair market value, and under any other rules promulgated
782 to insure that the land is put to proper use consistent with local and state land use plans.
783 (b) (i) The state, when requested after appropriate public notice, shall hold a public
784 hearing with the appropriate notice, in the counties or appropriate political subdivisions of the
785 state in which lands acquired under this section are located.

786 (ii) The hearing shall be held at a time which shall afford local citizens and
787 governments the maximum opportunity to participate in the decision concerning the use or
788 disposition of the lands after restoration, reclamation, abatement, control, or prevention of the
789 adverse effects of past coal mining practices.
790 (6) (a) The state, through the division and the Division of Forestry, Fire, and State
791 Lands, shall have the authority to accept lands acquired and reclaimed by the Secretary of the
792 Interior pursuant to Section 407(h) of Public Law 95-87.
793 (b) The division has the authority to accept grants from the Secretary to carry out the
794 purposes of Section 407(h) of Public Law 95-87.
795 (7) (a) Within six months after the completion of projects to restore, reclaim, abate,
796 control, or prevent adverse effects of past coal mining practices on privately owned land, the
797 division shall itemize the monies expended and may file a statement of those expenses in the
798 office of the county recorder of the county in which the land lies, together with a notarized
799 appraisal by an independent appraiser of the value of the land before the restoration,
800 reclamation, abatement, control, or prevention of adverse effects of past coal mining practices
801 if the monies expended result in a significant increase in property value.
802 (b) This statement shall constitute a lien upon the land described in it.
803 (c) The lien may not exceed the amount determined by the appraisal to be the increase
804 in the market value of the land as a result of the restoration, reclamation, abatement, control,
805 or prevention of the adverse effects of past coal mining practices.
806 (d) A lien may not be filed against the property of any person, in accordance with this
807 subsection who owned the surface prior to May 2, 1977, and who neither consented to nor
808 participated in nor exercised control over the mining operation which necessitated the
809 reclamation performed.
810 (8) (a) The landowner may proceed to petition within 60 days after the filing of the
811 lien to determine the increase in the market value of the land as a result of the restoration,
812 reclamation, abatement, control, or prevention of the adverse effects of past coal mining
813 practices.

814 (b) The amount reported to be the increase in value of the premises shall constitute the
815 amount of the lien and shall be recorded with the statement provided for in Subsection (7).
816 (c) Any party aggrieved by the decision may appeal as provided by law.
817 (9) (a) The lien provided in this section shall be recorded in the office of the county
818 recorder of the county in which the land lies.
819 (b) The statement shall constitute a lien upon the land as of the date of the expenditure
820 of the monies and shall have priority as a lien second only to the lien of real estate taxes
821 imposed upon the land.
822 (10) (a) The division may fill any voids, seal any abandoned tunnels, shafts, and
823 entryways, and reclaim surface impacts of underground or surface mines which the division
824 determines could endanger life and property, constitute a hazard to the public health and
825 safety, or degrade the environment.
826 (b) The division may make expenditures and carry out the purposes of this section
827 without regard to the provisions of Subsections 40-10-25 (2) and (3) only after all reclamation
828 with respect to abandoned coal lands or coal development impacts have been met, except for
829 those reclamation projects relating to the protection of the public health or safety.
830 (c) In those instances where mine waste piles are being reworked for conservation
831 purposes, the incremental costs of disposing of the wastes from these operations by filling
832 voids and sealing tunnels may be eligible for funding if the disposal of these wastes meets the
833 purposes of this section.
834 (d) The division may acquire by purchase, donation, easement, or otherwise those
835 interests in land it determines necessary to carry out the provisions of this section.
836 (11) (a) The division may request the attorney general, who is hereby authorized to
837 initiate, in addition to any other remedies provided for in this chapter, in any court of
838 competent jurisdiction, an action in equity for an injunction to restrain any interference with
839 the exercise of the right to enter or to conduct any work provided in this section.
840 (b) (i) The division, in conjunction with appropriate state agencies as determined in
841 the rules, may construct and operate plants for the control and treatment of water pollution

842 resulting from mine drainage.
843 (ii) The extent of this control and treatment of water pollution may be dependent upon
844 the ultimate use of the water.
845 (iii) This Subsection (11) may not be construed to repeal or supersede any portion of
846 the federal Water Pollution Control Act, 33 U.S.C. Sec. 1151 et seq., and no control or
847 treatment under this Subsection (11) shall in any way be less than that required under the
848 federal Water Pollution Control Act.
849 (iv) The construction of a plant may include major interceptors and other facilities
850 appurtenant to the plant.
851 (c) The division may transfer funds to other appropriate state agencies, in order to
852 carry out the reclamation activities authorized by this chapter.
853 Section 11. Section 41-22-12 is amended to read:
854 41-22-12. Restrictions on use of public lands.
855 (1) Except as provided in [Section 63-11-17 ] Sections 79-4-203 and 79-4-304 , federal
856 agencies are encouraged and agencies of the state and its subdivisions shall pursue
857 opportunities to open public land to responsible off-highway vehicle use.
858 (2) A person may not operate and an owner of an off-highway vehicle may not give
859 another person permission to operate an off-highway vehicle on any public land which is
860 closed to off-highway vehicles.
861 Section 12. Section 53-13-103 is amended to read:
862 53-13-103. Law enforcement officer.
863 (1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an
864 employee of a law enforcement agency that is part of or administered by the state or any of its
865 political subdivisions, and whose primary and principal duties consist of the prevention and
866 detection of crime and the enforcement of criminal statutes or ordinances of this state or any of
867 its political subdivisions.
868 (b) "Law enforcement officer" specifically includes the following:
869 (i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any

870 county, city, or town;
871 (ii) the commissioner of public safety and any member of the Department of Public
872 Safety certified as a peace officer;
873 (iii) all persons specified in Sections 23-20-1.5 and [ 63-11-17.2 ] 79-4-501 ;
874 (iv) any police officer employed by any college or university;
875 (v) investigators for the Motor Vehicle Enforcement Division;
876 (vi) special agents or investigators employed by the attorney general, district attorneys,
877 and county attorneys;
878 (vii) employees of the Department of Natural Resources designated as peace officers
879 by law;
880 (viii) school district police officers as designated by the board of education for the
881 school district;
882 (ix) the executive director of the Department of Corrections and any correctional
883 enforcement or investigative officer designated by the executive director and approved by the
884 commissioner of public safety and certified by the division;
885 (x) correctional enforcement, investigative, or adult probation and parole officers
886 employed by the Department of Corrections serving on or before July 1, 1993;
887 (xi) members of a law enforcement agency established by a private college or
888 university provided that the college or university has been certified by the commissioner of
889 public safety according to rules of the Department of Public Safety;
890 (xii) airport police officers of any airport owned or operated by the state or any of its
891 political subdivisions; and
892 (xiii) transit police officers designated under Section 17B-2a-823 .
893 (2) Law enforcement officers may serve criminal process and arrest violators of any
894 law of this state and have the right to require aid in executing their lawful duties.
895 (3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
896 but the authority extends to other counties, cities, or towns only when the officer is acting
897 under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is

898 employed by the state.
899 (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
900 enforcement officers may exercise their peace officer authority to a certain geographic area.
901 (ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his
902 authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
903 on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
904 limited geographic area.
905 (c) The authority of law enforcement officers employed by the Department of
906 Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison.
907 (4) A law enforcement officer shall, prior to exercising peace officer authority,
908 satisfactorily complete:
909 (a) the basic course at a certified law enforcement officer training academy or pass a
910 certification examination as provided in Section 53-6-206 , and be certified; and
911 (b) annual certified training of at least 40 hours per year as directed by the director of
912 the division, with the advice and consent of the council.
913 Section 13. Section 54-17-701 is amended to read:
914 54-17-701. Rules for carbon capture and geological storage.
915 (1) By January 1, 2011, the Division of Water Quality and the Division of Air Quality,
916 on behalf of the Board of Water Quality and the Board of Air Quality, respectively, in
917 collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah
918 Geological Survey, shall present recommended rules to the Legislature's Administrative Rules
919 Review Committee for the following in connection with carbon capture and accompanying
920 geological sequestration of captured carbon:
921 (a) site characterization approval;
922 (b) geomechanical, geochemical, and hydrogeological simulation;
923 (c) risk assessment;
924 (d) mitigation and remediation protocols;
925 (e) issuance of permits for test, injection, and monitoring wells;

926 (f) specifications for the drilling, construction, and maintenance of wells;
927 (g) issues concerning ownership of subsurface rights and pore space;
928 (h) allowed composition of injected matter;
929 (i) testing, monitoring, measurement, and verification for the entirety of the carbon
930 capture and geologic sequestration chain of operations, from the point of capture of the carbon
931 dioxide to the sequestration site;
932 (j) closure and decommissioning procedure;
933 (k) short- and long-term liability and indemnification for sequestration sites;
934 (l) conversion of enhanced oil recovery operations to carbon dioxide geological
935 sequestration sites; and
936 (m) other issues as identified.
937 (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative
938 Rules Review Committee any proposals for additional statutory changes needed to implement
939 rules contemplated under Subsection (1).
940 (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the
941 Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and
942 Environment Interim Committees a progress report on the development of the recommended
943 rules required by this part.
944 (4) The recommended rules developed under this section apply to the injection of
945 carbon dioxide and other associated injectants in allowable types of geological formations for
946 the purpose of reducing emissions to the atmosphere through long-term geological
947 sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.
948 (5) The recommended rules developed under this section do not apply to the injection
949 of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the
950 purpose of enhanced hydrocarbon recovery.
951 (6) Rules recommended under this section shall:
952 (a) ensure that adequate health and safety standards are met;
953 (b) minimize the risk of unacceptable leakage from the injection well and injection

954 zone for carbon capture and geologic sequestration; and
955 (c) provide adequate regulatory oversight and public information concerning carbon
956 capture and geologic sequestration.
957 Section 14. Section 59-5-101 is amended to read:
958 59-5-101. Definitions.
959 As used in this part:
960 (1) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4 .
961 (2) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
962 (3) "Condensate" means those hydrocarbons, regardless of gravity, that occur naturally
963 in the gaseous phase in the reservoir that are separated from the natural gas as liquids through
964 the process of condensation either in the reservoir, in the wellbore, or at the surface in field
965 separators.
966 (4) "Crude oil" means those hydrocarbons, regardless of gravity, that occur naturally
967 in the liquid phase in the reservoir and are produced and recovered at the wellhead in liquid
968 form.
969 (5) "Development well" means any oil and gas producing well other than a wildcat
970 well.
971 (6) "Division" means the Division of Oil, Gas, and Mining established under Title 40,
972 Chapter 6.
973 (7) "Enhanced recovery project" means:
974 (a) the injection of liquids or hydrocarbon or nonhydrocarbon gases directly into a
975 reservoir for the purpose of:
976 (i) augmenting reservoir energy;
977 (ii) modifying the properties of the fluids or gases in a reservoir; or
978 (iii) changing the reservoir conditions to increase the recoverable oil, gas, or oil and
979 gas through the joint use of two or more well bores; and
980 (b) a project initially approved by the board as a new or expanded enhanced recovery
981 project on or after January 1, 1996.

982 (8) (a) "Gas" means:
983 (i) natural gas;
984 (ii) natural gas liquids; or
985 (iii) any mixture of natural gas and natural gas liquids.
986 (b) "Gas" does not include solid hydrocarbons.
987 (9) "Incremental production" means that part of production, certified by the Division
988 of Oil, Gas, and Mining, which is achieved from an enhanced recovery project that would not
989 have economically occurred under the reservoir conditions existing before the project and that
990 has been approved by the division as incremental production.
991 (10) "Natural gas" means those hydrocarbons, other than oil and other than natural gas
992 liquids separated from natural gas, that occur naturally in the gaseous phase in the reservoir
993 and are produced and recovered at the wellhead in gaseous form.
994 (11) "Natural gas liquids" means those hydrocarbons initially in reservoir natural gas,
995 regardless of gravity, that are separated in gas processing plants from the natural gas as liquids
996 at the surface through the process of condensation, absorption, adsorption, or other methods.
997 (12) (a) "Oil" means:
998 (i) crude oil;
999 (ii) condensate; or
1000 (iii) any mixture of crude oil and condensate.
1001 (b) "Oil" does not include solid hydrocarbons.
1002 (13) "Oil or gas field" means a geographical area overlying oil or gas structures. The
1003 boundaries of oil or gas fields shall conform with the boundaries as fixed by the Board and
1004 Division of Oil, Gas, and Mining under Title 40, Chapter 6, Board and Division of Oil, Gas,
1005 and Mining.
1006 (14) "Oil shale" means a group of fine black to dark brown shales containing
1007 bituminous material that yields petroleum upon distillation.
1008 (15) "Operator" means any person engaged in the business of operating an oil or gas
1009 well, regardless of whether the person is:

1010 (a) a working interest owner;
1011 (b) an independent contractor; or
1012 (c) acting in a capacity similar to Subsection (15)(a) or (b) as determined by the
1013 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1014 Rulemaking Act.
1015 (16) "Owner" means any person having a working interest, royalty interest, payment
1016 out of production, or any other interest in the oil or gas produced or extracted from an oil or
1017 gas well in the state, or in the proceeds of this production.
1018 (17) (a) Subject to Subsections (17)(b) and (c), "processing costs" means the
1019 reasonable actual costs of processing oil or gas to remove:
1020 (i) natural gas liquids; or
1021 (ii) contaminants.
1022 (b) If processing costs are determined on the basis of an arm's-length contract,
1023 processing costs are the actual costs.
1024 (c) (i) If processing costs are determined on a basis other than an arm's-length
1025 contract, processing costs are those reasonable costs associated with:
1026 (A) actual operating and maintenance expenses, including oil or gas used or consumed
1027 in processing;
1028 (B) overhead directly attributable and allocable to the operation and maintenance; and
1029 (C) (I) depreciation and a return on undepreciated capital investment; or
1030 (II) a cost equal to a return on the investment in the processing facilities as determined
1031 by the commission.
1032 (ii) Subsection (17)(c)(i) includes situations where the producer performs the
1033 processing for the producer's product.
1034 (18) "Producer" means any working interest owner in any lands in any oil or gas field
1035 from which gas or oil is produced.
1036 (19) "Recompletion" means any downhole operation that is:
1037 (a) conducted to reestablish the producibility or serviceability of a well in any geologic

1038 interval; and
1039 (b) approved by the division as a recompletion.
1040 (20) "Research and development" means the process of inquiry or experimentation
1041 aimed at the discovery of facts, devices, technologies, or applications and the process of
1042 preparing those devices, technologies, or applications for marketing.
1043 (21) "Royalty interest owner" means the owner of an interest in oil or gas, or in the
1044 proceeds of production from the oil or gas who does not have the obligation to share in the
1045 expenses of developing and operating the property.
1046 (22) "Solid hydrocarbons" means:
1047 (a) coal;
1048 (b) gilsonite;
1049 (c) ozocerite;
1050 (d) elaterite;
1051 (e) oil shale;
1052 (f) tar sands; and
1053 (g) all other hydrocarbon substances that occur naturally in solid form.
1054 (23) "Stripper well" means:
1055 (a) an oil well whose average daily production for the days the well has produced has
1056 been 20 barrels or less of crude oil a day during any consecutive 12-month period; or
1057 (b) a gas well whose average daily production for the days the well has produced has
1058 been 60 MCF or less of natural gas a day during any consecutive 90-day period.
1059 (24) "Tar sands" means impregnated sands that yield mixtures of liquid hydrocarbon
1060 and require further processing other than mechanical blending before becoming finished
1061 petroleum products.
1062 (25) (a) Subject to Subsections (25)(b) and (c), "transportation costs" means the
1063 reasonable actual costs of transporting oil or gas products from the well to the point of sale.
1064 (b) If transportation costs are determined on the basis of an arm's-length contract,
1065 transportation costs are the actual costs.

1066 (c) (i) If transportation costs are determined on a basis other than an arm's-length
1067 contract, transportation costs are those reasonable costs associated with:
1068 (A) actual operating and maintenance expenses, including fuel used or consumed in
1069 transporting the oil or gas;
1070 (B) overhead costs directly attributable and allocable to the operation and
1071 maintenance; and
1072 (C) depreciation and a return on undepreciated capital investment.
1073 (ii) Subsection (25)(c)(i) includes situations where the producer performs the
1074 transportation for the producer's product.
1075 (d) Regardless of whether transportation costs are determined on the basis of an
1076 arm's-length contract or a basis other than an arm's-length contract, transportation costs
1077 include:
1078 (i) carbon dioxide removal;
1079 (ii) compression;
1080 (iii) dehydration;
1081 (iv) gathering;
1082 (v) separating;
1083 (vi) treating; or
1084 (vii) a process similar to Subsections (25)(d)(i) through (vi), as determined by the
1085 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1086 Rulemaking Act.
1087 (26) "Tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation.
1088 (27) "Well or wells" means any extractive means from which oil or gas is produced or
1089 extracted, located within an oil or gas field, and operated by one person.
1090 (28) "Wildcat well" means an oil and gas producing well which is drilled and
1091 completed in a pool, as defined under Section 40-6-2 , in which a well has not been previously
1092 completed as a well capable of producing in commercial quantities.
1093 (29) "Working interest owner" means the owner of an interest in oil or gas burdened

1094 with a share of the expenses of developing and operating the property.
1095 (30) (a) "Workover" means any downhole operation that is:
1096 (i) conducted to sustain, restore, or increase the producibility or serviceability of a well
1097 in the geologic intervals in which the well is currently completed; and
1098 (ii) approved by the division as a workover.
1099 (b) "Workover" does not include operations that are conducted primarily as routine
1100 maintenance or to replace worn or damaged equipment.
1101 Section 15. Section 59-7-614 is amended to read:
1102 59-7-614. Renewable energy systems tax credit -- Definitions -- Limitations --
1103 Certification -- Rulemaking authority.
1104 (1) As used in this section:
1105 (a) "Active solar system":
1106 (i) means a system of equipment capable of collecting and converting incident solar
1107 radiation into thermal, mechanical, or electrical energy, and transferring these forms of energy
1108 by a separate apparatus to storage or to the point of use; and
1109 (ii) includes water heating, space heating or cooling, and electrical or mechanical
1110 energy generation.
1111 (b) "Biomass system" means any system of apparatus and equipment for use in
1112 converting material into biomass energy, as defined in Section 59-12-102 , and transporting
1113 that energy by separate apparatus to the point of use or storage.
1114 (c) "Business entity" means any sole proprietorship, estate, trust, partnership,
1115 association, corporation, cooperative, or other entity under which business is conducted or
1116 transacted.
1117 (d) "Commercial energy system" means any active solar, passive solar, geothermal
1118 electricity, direct-use geothermal, geothermal heat-pump system, wind, hydroenergy, or
1119 biomass system used to supply energy to a commercial unit or as a commercial enterprise.
1120 (e) "Commercial enterprise" means a business entity whose purpose is to produce
1121 electrical, mechanical, or thermal energy for sale from a commercial energy system.

1122 (f) (i) "Commercial unit" means any building or structure that a business entity uses to
1123 transact its business.
1124 (ii) Notwithstanding Subsection (1)(f)(i):
1125 (A) in the case of an active solar system used for agricultural water pumping or a wind
1126 system, each individual energy generating device shall be a commercial unit; and
1127 (B) if an energy system is the building or structure that a business entity uses to
1128 transact its business, a commercial unit is the complete energy system itself.
1129 (g) "Direct-use geothermal system" means a system of apparatus and equipment
1130 enabling the direct use of thermal energy, generally between 100 and 300 degrees Fahrenheit,
1131 that is contained in the earth to meet energy needs, including heating a building, an industrial
1132 process, and aquaculture.
1133 (h) "Geothermal electricity" means energy contained in heat that continuously flows
1134 outward from the earth that is used as a sole source of energy to produce electricity.
1135 (i) "Geothermal heat-pump system" means a system of apparatus and equipment
1136 enabling the use of thermal properties contained in the earth at temperatures well below 100
1137 degrees Fahrenheit to help meet heating and cooling needs of a structure.
1138 (j) "Hydroenergy system" means a system of apparatus and equipment capable of
1139 intercepting and converting kinetic water energy into electrical or mechanical energy and
1140 transferring this form of energy by separate apparatus to the point of use or storage.
1141 (k) "Individual taxpayer" means any person who is a taxpayer as defined in Section
1142 59-10-103 and an individual as defined in Section 59-10-103 .
1143 (l) "Passive solar system":
1144 (i) means a direct thermal system that utilizes the structure of a building and its
1145 operable components to provide for collection, storage, and distribution of heating or cooling
1146 during the appropriate times of the year by utilizing the climate resources available at the site;
1147 and
1148 (ii) includes those portions and components of a building that are expressly designed
1149 and required for the collection, storage, and distribution of solar energy.

1150 (m) "Residential energy system" means any active solar, passive solar, biomass,
1151 direct-use geothermal, geothermal heat-pump system, wind, or hydroenergy system used to
1152 supply energy to or for any residential unit.
1153 (n) "Residential unit" means any house, condominium, apartment, or similar dwelling
1154 unit that serves as a dwelling for a person, group of persons, or a family but does not include
1155 property subject to a fee under:
1156 (i) Section 59-2-404 ;
1157 (ii) Section 59-2-405 ;
1158 (iii) Section 59-2-405.1 ;
1159 (iv) Section 59-2-405.2 ; or
1160 (v) Section 59-2-405.3 .
1161 (o) "Utah Geological Survey" means the Utah Geological Survey established in
1162 Section [ 63-73-5 ] 79-3-201 .
1163 (p) "Wind system" means a system of apparatus and equipment capable of intercepting
1164 and converting wind energy into mechanical or electrical energy and transferring these forms
1165 of energy by a separate apparatus to the point of use, sale, or storage.
1166 (2) (a) (i) For taxable years beginning on or after January 1, 2007, a business entity
1167 that purchases and completes or participates in the financing of a residential energy system to
1168 supply all or part of the energy required for a residential unit owned or used by the business
1169 entity and situated in Utah is entitled to a nonrefundable tax credit as provided in this
1170 Subsection (2)(a).
1171 (ii) (A) A business entity is entitled to a tax credit equal to 25% of the reasonable costs
1172 of each residential energy system installed with respect to each residential unit it owns or uses,
1173 including installation costs, against any tax due under this chapter for the taxable year in
1174 which the energy system is completed and placed in service.
1175 (B) The total amount of each credit under this Subsection (2)(a) may not exceed
1176 $2,000 per residential unit.
1177 (C) The credit under this Subsection (2)(a) is allowed for any residential energy

1178 system completed and placed in service on or after January 1, 2007.
1179 (iii) If a business entity sells a residential unit to an individual taxpayer before making
1180 a claim for the tax credit under this Subsection (2)(a), the business entity may:
1181 (A) assign its right to this tax credit to the individual taxpayer; and
1182 (B) if the business entity assigns its right to the tax credit to an individual taxpayer
1183 under Subsection (2)(a)(iii)(A), the individual taxpayer may claim the tax credit as if the
1184 individual taxpayer had completed or participated in the costs of the residential energy system
1185 under Section 59-10-1014 .
1186 (b) (i) For taxable years beginning on or after January 1, 2007, a business entity that
1187 purchases or participates in the financing of a commercial energy system situated in Utah is
1188 entitled to a refundable tax credit as provided in this Subsection (2)(b) if the commercial
1189 energy system does not use wind, geothermal electricity, or biomass equipment capable of
1190 producing a total of 660 or more kilowatts of electricity, and:
1191 (A) the commercial energy system supplies all or part of the energy required by
1192 commercial units owned or used by the business entity; or
1193 (B) the business entity sells all or part of the energy produced by the commercial
1194 energy system as a commercial enterprise.
1195 (ii) (A) A business entity is entitled to a tax credit of up to 10% of the reasonable costs
1196 of any commercial energy system installed, including installation costs, against any tax due
1197 under this chapter for the taxable year in which the commercial energy system is completed
1198 and placed in service.
1199 (B) Notwithstanding Subsection (2)(b)(ii)(A), the total amount of the credit under this
1200 Subsection (2)(b) may not exceed $50,000 per commercial unit.
1201 (C) The credit under this Subsection (2)(b) is allowed for any commercial energy
1202 system completed and placed in service on or after January 1, 2007.
1203 (iii) A business entity that leases a commercial energy system installed on a
1204 commercial unit is eligible for the tax credit under this Subsection (2)(b) if the lessee can
1205 confirm that the lessor irrevocably elects not to claim the credit.

1206 (iv) Only the principal recovery portion of the lease payments, which is the cost
1207 incurred by a business entity in acquiring a commercial energy system, excluding interest
1208 charges and maintenance expenses, is eligible for the tax credit under this Subsection (2)(b).
1209 (v) A business entity that leases a commercial energy system is eligible to use the tax
1210 credit under this Subsection (2)(b) for a period no greater than seven years from the initiation
1211 of the lease.
1212 (vi) A tax credit allowed by this Subsection (2)(b) may not be carried forward or
1213 carried back.
1214 (c) (i) For taxable years beginning on or after January 1, 2007, a business entity that
1215 owns a commercial energy system situated in Utah using wind, geothermal electricity, or
1216 biomass equipment capable of producing a total of 660 or more kilowatts of electricity is
1217 entitled to a refundable tax credit as provided in this Subsection (2)(c) if:
1218 (A) the commercial energy system supplies all or part of the energy required by
1219 commercial units owned or used by the business entity; or
1220 (B) the business entity sells all or part of the energy produced by the commercial
1221 energy system as a commercial enterprise.
1222 (ii) (A) A business entity is entitled to a tax credit under this section equal to the
1223 product of:
1224 (I) 0.35 cents; and
1225 (II) the kilowatt hours of electricity produced and either used or sold during the
1226 taxable year.
1227 (B) (I) The credit calculated under Subsection (2)(c)(ii)(A) may be claimed for
1228 production occurring during a period of 48 months beginning with the month in which the
1229 commercial energy system is placed in commercial service.
1230 (II) The credit allowed by this Subsection (2)(c) for each year may not be carried
1231 forward or carried back.
1232 (C) The credit under this Subsection (2)(c) is allowed for any commercial energy
1233 system completed and placed in service on or after January 1, 2007.

1234 (iii) A business entity that leases a commercial energy system installed on a
1235 commercial unit is eligible for the tax credit under this Subsection (2)(c) if the lessee can
1236 confirm that the lessor irrevocably elects not to claim the credit.
1237 (d) (i) A tax credit under Subsection (2)(a) or (b) may be claimed for the taxable year
1238 in which the energy system is completed and placed in service.
1239 (ii) Additional energy systems or parts of energy systems may be claimed for
1240 subsequent years.
1241 (iii) If the amount of a tax credit under Subsection (2)(a) exceeds a business entity's
1242 tax liability under this chapter for a taxable year, the amount of the credit exceeding the
1243 liability may be carried forward for a period which does not exceed the next four taxable years.
1244 (3) (a) Except as provided in Subsection (3)(b), the tax credits provided for under
1245 Subsection (2) are in addition to any tax credits provided under the laws or rules and
1246 regulations of the United States.
1247 (b) A purchaser of one or more solar units that claims a tax credit under Section
1248 59-7-614.3 for the purchase of the one or more solar units may not claim a tax credit under
1249 this section for that purchase.
1250 (c) (i) The Utah Geological Survey may set standards for residential and commercial
1251 energy systems claiming a credit under Subsections (2)(a) and (b) that cover the safety,
1252 reliability, efficiency, leasing, and technical feasibility of the systems to ensure that the
1253 systems eligible for the tax credit use the state's renewable and nonrenewable energy resources
1254 in an appropriate and economic manner.
1255 (ii) The Utah Geological Survey may set standards for residential and commercial
1256 energy systems that establish the reasonable costs of an energy system, as used in Subsections
1257 (2)(a)(ii)(A) and (2)(b)(ii)(A), as an amount per unit of energy production.
1258 (iii) A tax credit may not be taken under Subsection (2) until the Utah Geological
1259 Survey has certified that the energy system has been completely installed and is a viable
1260 system for saving or production of energy from renewable resources.
1261 (d) The Utah Geological Survey and the commission may make rules in accordance

1262 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to
1263 implement this section.
1264 (4) (a) On or before October 1, 2012, and every five years thereafter, the Utah Tax
1265 Review Commission shall review each tax credit provided by this section and make
1266 recommendations to the Revenue and Taxation Interim Committee concerning whether the
1267 credit should be continued, modified, or repealed.
1268 (b) The Utah Tax Review Commission's report under Subsection (4)(a) shall include
1269 information concerning the cost of the credit, the purpose and effectiveness of the credit, and
1270 the state's benefit from the credit.
1271 Section 16. Section 59-10-1014 is amended to read:
1272 59-10-1014. Renewable energy systems tax credit -- Definitions -- Limitations --
1273 Certification -- Rulemaking authority.
1274 (1) As used in this part:
1275 (a) "Active solar system":
1276 (i) means a system of equipment capable of collecting and converting incident solar
1277 radiation into thermal, mechanical, or electrical energy, and transferring these forms of energy
1278 by a separate apparatus to storage or to the point of use; and
1279 (ii) includes water heating, space heating or cooling, and electrical or mechanical
1280 energy generation.
1281 (b) "Biomass system" means any system of apparatus and equipment for use in
1282 converting material into biomass energy, as defined in Section 59-12-102 , and transporting
1283 that energy by separate apparatus to the point of use or storage.
1284 (c) "Business entity" means any entity under which business is conducted or
1285 transacted.
1286 (d) "Direct-use geothermal system" means a system of apparatus and equipment
1287 enabling the direct use of thermal energy, generally between 100 and 300 degrees Fahrenheit,
1288 that is contained in the earth to meet energy needs, including heating a building, an industrial
1289 process, and aquaculture.

1290 (e) "Geothermal electricity" means energy contained in heat that continuously flows
1291 outward from the earth that is used as a sole source of energy to produce electricity.
1292 (f) "Geothermal heat-pump system" means a system of apparatus and equipment
1293 enabling the use of thermal properties contained in the earth at temperatures well below 100
1294 degrees Fahrenheit to help meet heating and cooling needs of a structure.
1295 (g) "Hydroenergy system" means a system of apparatus and equipment capable of
1296 intercepting and converting kinetic water energy into electrical or mechanical energy and
1297 transferring this form of energy by separate apparatus to the point of use or storage.
1298 (h) "Passive solar system":
1299 (i) means a direct thermal system that utilizes the structure of a building and its
1300 operable components to provide for collection, storage, and distribution of heating or cooling
1301 during the appropriate times of the year by utilizing the climate resources available at the site;
1302 and
1303 (ii) includes those portions and components of a building that are expressly designed
1304 and required for the collection, storage, and distribution of solar energy.
1305 (i) "Residential energy system" means any active solar, passive solar, biomass,
1306 direct-use geothermal, geothermal heat-pump system, wind, or hydroenergy system used to
1307 supply energy to or for any residential unit.
1308 (j) "Residential unit" means any house, condominium, apartment, or similar dwelling
1309 unit that serves as a dwelling for a person, group of persons, or a family but does not include
1310 property subject to a fee under:
1311 (i) Section 59-2-404 ;
1312 (ii) Section 59-2-405 ;
1313 (iii) Section 59-2-405.1 ;
1314 (iv) Section 59-2-405.2 ; or
1315 (v) Section 59-2-405.3 .
1316 (k) "Utah Geological Survey" means the Utah Geological Survey established in
1317 Section [ 63-73-5 ] 79-3-201 .

1318 (l) "Wind system" means a system of apparatus and equipment capable of intercepting
1319 and converting wind energy into mechanical or electrical energy and transferring these forms
1320 of energy by a separate apparatus to the point of use or storage.
1321 (2) For taxable years beginning on or after January 1, 2007, a claimant, estate, or trust
1322 may claim a nonrefundable tax credit as provided in this section if:
1323 (a) a claimant, estate, or trust that is not a business entity purchases and completes or
1324 participates in the financing of a residential energy system to supply all or part of the energy
1325 for the claimant's, estate's, or trust's residential unit in the state; or
1326 (b) (i) a claimant, estate, or trust that is a business entity sells a residential unit to
1327 another claimant, estate, or trust that is not a business entity before making a claim for a tax
1328 credit under Subsection (6) or Section 59-7-614 ; and
1329 (ii) the claimant, estate, or trust that is a business entity assigns its right to the tax
1330 credit to the claimant, estate, or trust that is not a business entity as provided in Subsection
1331 (6)(c) or Subsection 59-7-614 (2)(a)(iii).
1332 (3) (a) The tax credit described in Subsection (2) is equal to 25% of the reasonable
1333 costs of each residential energy system, including installation costs, against any income tax
1334 liability of the claimant, estate, or trust under this chapter for the taxable year in which the
1335 residential energy system is completed and placed in service.
1336 (b) The total amount of each tax credit under this section may not exceed $2,000 per
1337 residential unit.
1338 (c) The tax credit under this section is allowed for any residential energy system
1339 completed and placed in service on or after January 1, 2007.
1340 (4) (a) The tax credit provided for in this section shall be claimed in the return for the
1341 taxable year in which the residential energy system is completed and placed in service.
1342 (b) Additional residential energy systems or parts of residential energy systems may be
1343 similarly claimed in returns for subsequent taxable years as long as the total amount claimed
1344 does not exceed $2,000 per residential unit.
1345 (c) If the amount of the tax credit under this section exceeds the income tax liability of

1346 the claimant, estate, or trust claiming the tax credit under this section for that taxable year,
1347 then the amount not used may be carried over for a period that does not exceed the next four
1348 taxable years.
1349 (5) (a) A claimant, estate, or trust that is not a business entity that leases a residential
1350 energy system installed on a residential unit is eligible for the residential energy tax credit if
1351 that claimant, estate, or trust confirms that the lessor irrevocably elects not to claim the tax
1352 credit.
1353 (b) Only the principal recovery portion of the lease payments, which is the cost
1354 incurred by the claimant, estate, or trust in acquiring the residential energy system excluding
1355 interest charges and maintenance expenses, is eligible for the tax credits.
1356 (c) A claimant, estate, or trust described in this Subsection (5) may use the tax credits
1357 for a period that does not exceed seven years from the initiation of the lease.
1358 (6) (a) A claimant, estate, or trust that is a business entity that purchases and
1359 completes or participates in the financing of a residential energy system to supply all or part of
1360 the energy required for a residential unit owned or used by the claimant, estate, or trust that is
1361 a business entity and situated in Utah is entitled to a nonrefundable tax credit as provided in
1362 this Subsection (6).
1363 (b) (i) For taxable years beginning on or after January 1, 2007, a claimant, estate, or
1364 trust that is a business entity is entitled to a nonrefundable tax credit equal to 25% of the
1365 reasonable costs of a residential energy system installed with respect to each residential unit it
1366 owns or uses, including installation costs, against any tax due under this chapter for the
1367 taxable year in which the energy system is completed and placed in service.
1368 (ii) The total amount of the tax credit under this Subsection (6) may not exceed $2,000
1369 per residential unit.
1370 (iii) The tax credit under this Subsection (6) is allowed for any residential energy
1371 system completed and placed in service on or after January 1, 2007.
1372 (c) If a claimant, estate, or trust that is a business entity sells a residential unit to a
1373 claimant, estate, or trust that is not a business entity before making a claim for the tax credit

1374 under this Subsection (6), the claimant, estate, or trust that is a business entity may:
1375 (i) assign its right to this tax credit to the claimant, estate, or trust that is not a business
1376 entity; and
1377 (ii) if the claimant, estate, or trust that is a business entity assigns its right to the tax
1378 credit to a claimant, estate, or trust that is not a business entity under Subsection (6)(c)(i), the
1379 claimant, estate, or trust that is not a business entity may claim the tax credit as if that
1380 claimant, estate, or trust that is not a business entity had completed or participated in the costs
1381 of the residential energy system under this section.
1382 (7) (a) A tax credit under this section may be claimed for the taxable year in which the
1383 residential energy system is completed and placed in service.
1384 (b) Additional residential energy systems or parts of residential energy systems may be
1385 claimed for subsequent years.
1386 (c) If the amount of a tax credit under this section exceeds the tax liability of the
1387 claimant, estate, or trust claiming the tax credit under this section for a taxable year, the
1388 amount of the tax credit exceeding the tax liability may be carried over for a period which
1389 does not exceed the next four taxable years.
1390 (8) (a) Except as provided in Subsection (8)(b), tax credits provided for under this
1391 section are in addition to any tax credits provided under the laws or rules and regulations of
1392 the United States.
1393 (b) A purchaser of one or more solar units that claims a tax credit under Section
1394 59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under
1395 this section for that purchase.
1396 (9) (a) The Utah Geological Survey may set standards for residential energy systems
1397 that cover the safety, reliability, efficiency, leasing, and technical feasibility of the systems to
1398 ensure that the systems eligible for the tax credit use the state's renewable and nonrenewable
1399 energy resources in an appropriate and economic manner.
1400 (b) The Utah Geological Survey may set standards for residential and commercial
1401 energy systems that establish the reasonable costs of an energy system, as used in Subsections

1402 (3)(a) and (6)(b)(i), as an amount per unit of energy production.
1403 (c) A tax credit may not be taken under this section until the Utah Geological Survey
1404 has certified that the energy system has been completely installed and is a viable system for
1405 saving or production of energy from renewable resources.
1406 (10) The Utah Geological Survey and the commission may make rules in accordance
1407 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to
1408 implement this section.
1409 (11) (a) On or before October 1, 2012, and every five years thereafter, the Utah Tax
1410 Review Commission shall review each tax credit provided by this section and make
1411 recommendations to the Revenue and Taxation Interim Committee concerning whether the
1412 credit should be continued, modified, or repealed.
1413 (b) The Utah Tax Review Commission's report under Subsection (11)(a) shall include
1414 information concerning the cost of the credit, the purpose and effectiveness of the credit, and
1415 the state's benefit from the credit.
1416 Section 17. Section 59-10-1106 is amended to read:
1417 59-10-1106. Refundable renewable energy tax credit.
1418 (1) As used in this section:
1419 (a) "Active solar system" is as defined in Section 59-10-1014 .
1420 (b) "Biomass system" is as defined in Section 59-10-1014 .
1421 (c) "Business entity" is as defined in Section 59-10-1014 .
1422 (d) "Commercial energy system" means any active solar, passive solar, geothermal
1423 electricity, direct-use geothermal, geothermal heat-pump system, wind, hydroenergy, or
1424 biomass system used to supply energy to a commercial unit or as a commercial enterprise.
1425 (e) "Commercial enterprise" means a business entity that:
1426 (i) is a claimant, estate, or trust; and
1427 (ii) has the purpose of producing electrical, mechanical, or thermal energy for sale
1428 from a commercial energy system.
1429 (f) (i) "Commercial unit" means any building or structure that a business entity that is

1430 a claimant, estate, or trust uses to transact its business.
1431 (ii) Notwithstanding Subsection (1)(f)(i):
1432 (A) in the case of an active solar system used for agricultural water pumping or a wind
1433 system, each individual energy generating device shall be a commercial unit; and
1434 (B) if an energy system is the building or structure that a business entity that is a
1435 claimant, estate, or trust uses to transact its business, a commercial unit is the complete energy
1436 system itself.
1437 (g) "Direct-use geothermal system" is as defined in Section 59-10-1014 .
1438 (h) "Geothermal electricity" is as defined in Section 59-10-1014 .
1439 (i) "Geothermal heat-pump system" is as defined in Section 59-10-1014 .
1440 (j) "Hydroenergy system" is as defined in Section 59-10-1014 .
1441 (k) "Passive solar system" is as defined in Section 59-10-1014 .
1442 (l) "Utah Geological Survey" means the Utah Geological Survey established in Section
1443 [ 63-73-5 ] 79-3-201 .
1444 (m) "Wind system" is as defined in Section 59-10-1014 .
1445 (2) (a) (i) A business entity that is a claimant, estate, or trust that purchases or
1446 participates in the financing of a commercial energy system situated in Utah is entitled to a
1447 refundable tax credit as provided in this Subsection (2)(a) if the commercial energy system
1448 does not use wind, geothermal electricity, or biomass equipment capable of producing a total
1449 of 660 or more kilowatts of electricity and:
1450 (A) the commercial energy system supplies all or part of the energy required by
1451 commercial units owned or used by the business entity that is a claimant, estate, or trust; or
1452 (B) the business entity that is a claimant, estate, or trust sells all or part of the energy
1453 produced by the commercial energy system as a commercial enterprise.
1454 (ii) (A) A business entity that is a claimant, estate, or trust is entitled to a tax credit of
1455 up to 10% of the reasonable costs of any commercial energy system installed, including
1456 installation costs, against any tax due under this chapter for the taxable year in which the
1457 commercial energy system is completed and placed in service.

1458 (B) Notwithstanding Subsection (2)(a)(ii)(A), the total amount of the credit under this
1459 Subsection (2)(a) may not exceed $50,000 per commercial unit.
1460 (C) The credit under this Subsection (2)(a) is allowed for any commercial energy
1461 system completed and placed in service on or after January 1, 2007.
1462 (iii) A business entity that is a claimant, estate, or trust that leases a commercial
1463 energy system installed on a commercial unit is eligible for the tax credit under this Subsection
1464 (2)(a) if the lessee can confirm that the lessor irrevocably elects not to claim the credit.
1465 (iv) Only the principal recovery portion of the lease payments, which is the cost
1466 incurred by a business entity that is a claimant, estate, or trust in acquiring a commercial
1467 energy system, excluding interest charges and maintenance expenses, is eligible for the tax
1468 credit under this Subsection (2)(a).
1469 (v) A business entity that is a claimant, estate, or trust that leases a commercial energy
1470 system is eligible to use the tax credit under this Subsection (2)(a) for a period no greater than
1471 seven years from the initiation of the lease.
1472 (b) (i) A business entity that is a claimant, estate, or trust that owns a commercial
1473 energy system situated in Utah using wind, geothermal electricity, or biomass equipment
1474 capable of producing a total of 660 or more kilowatts of electricity is entitled to a refundable
1475 tax credit as provided in this section if:
1476 (A) the commercial energy system supplies all or part of the energy required by
1477 commercial units owned or used by the business entity that is a claimant, estate, or trust; or
1478 (B) the business entity that is a claimant, estate, or trust sells all or part of the energy
1479 produced by the commercial energy system as a commercial enterprise.
1480 (ii) A business entity that is a claimant, estate, or trust is entitled to a tax credit under
1481 this Subsection (2)(b) equal to the product of:
1482 (A) 0.35 cents; and
1483 (B) the kilowatt hours of electricity produced and either used or sold during the
1484 taxable year.
1485 (iii) The credit allowed by this Subsection (2)(b):

1486 (A) may be claimed for production occurring during a period of 48 months beginning
1487 with the month in which the commercial energy system is placed in service; and
1488 (B) may not be carried forward or back.
1489 (iv) A business entity that is a claimant, estate, or trust that leases a commercial
1490 energy system installed on a commercial unit is eligible for the tax credit under this section if
1491 the lessee can confirm that the lessor irrevocably elects not to claim the credit.
1492 (3) The tax credits provided for under this section are in addition to any tax credits
1493 provided under the laws or rules and regulations of the United States.
1494 (4) (a) The Utah Geological Survey may set standards for commercial energy systems
1495 claiming a tax credit under Subsection (2)(a) that cover the safety, reliability, efficiency,
1496 leasing, and technical feasibility of the systems to ensure that the systems eligible for the tax
1497 credit use the state's renewable and nonrenewable energy resources in an appropriate and
1498 economic manner.
1499 (b) A tax credit may not be taken under this section until the Utah Geological Survey
1500 has certified that the commercial energy system has been completely installed and is a viable
1501 system for saving or production of energy from renewable resources.
1502 (5) The Utah Geological Survey and the commission may make rules in accordance
1503 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to
1504 implement this section.
1505 (6) (a) On or before October 1, 2012, and every five years thereafter, the Utah Tax
1506 Review Commission shall review each tax credit provided by this section and make
1507 recommendations to the Revenue and Taxation Interim Committee concerning whether the
1508 credit should be continued, modified, or repealed.
1509 (b) The Utah Tax Review Commission's report under Subsection (6)(a) shall include
1510 information concerning the cost of the credit, the purpose and effectiveness of the credit, and
1511 the state's benefit from the credit.
1512 Section 18. Section 59-12-103 is amended to read:
1513 59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and

1514 use tax revenues.
1515 (1) A tax is imposed on the purchaser as provided in this part for amounts paid or
1516 charged for the following transactions:
1517 (a) retail sales of tangible personal property made within the state;
1518 (b) amounts paid for:
1519 (i) telecommunications service, other than mobile telecommunications service, that
1520 originates and terminates within the boundaries of this state;
1521 (ii) mobile telecommunications service that originates and terminates within the
1522 boundaries of one state only to the extent permitted by the Mobile Telecommunications
1523 Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1524 (iii) an ancillary service associated with a:
1525 (A) telecommunications service described in Subsection (1)(b)(i); or
1526 (B) mobile telecommunications service described in Subsection (1)(b)(ii);
1527 (c) sales of the following for commercial use:
1528 (i) gas;
1529 (ii) electricity;
1530 (iii) heat;
1531 (iv) coal;
1532 (v) fuel oil; or
1533 (vi) other fuels;
1534 (d) sales of the following for residential use:
1535 (i) gas;
1536 (ii) electricity;
1537 (iii) heat;
1538 (iv) coal;
1539 (v) fuel oil; or
1540 (vi) other fuels;
1541 (e) sales of prepared food;

1542 (f) except as provided in Section 59-12-104 , amounts paid or charged as admission or
1543 user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1544 exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1545 fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed
1546 circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf,
1547 golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1548 tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1549 horseback rides, sports activities, or any other amusement, entertainment, recreation,
1550 exhibition, cultural, or athletic activity;
1551 (g) amounts paid or charged for services for repairs or renovations of tangible personal
1552 property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1553 (i) the tangible personal property; and
1554 (ii) parts used in the repairs or renovations of the tangible personal property described
1555 in Subsection (1)(g)(i), whether or not any parts are actually used in the repairs or renovations
1556 of that tangible personal property;
1557 (h) except as provided in Subsection 59-12-104 (7), amounts paid or charged for
1558 assisted cleaning or washing of tangible personal property;
1559 (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
1560 accommodations and services that are regularly rented for less than 30 consecutive days;
1561 (j) amounts paid or charged for laundry or dry cleaning services;
1562 (k) amounts paid or charged for leases or rentals of tangible personal property if within
1563 this state the tangible personal property is:
1564 (i) stored;
1565 (ii) used; or
1566 (iii) otherwise consumed;
1567 (l) amounts paid or charged for tangible personal property if within this state the
1568 tangible personal property is:
1569 (i) stored;

1570 (ii) used; or
1571 (iii) consumed;
1572 (m) amounts paid or charged for prepaid telephone calling cards; and
1573 (n) amounts paid or charged for a sale:
1574 (i) (A) of a product that:
1575 (I) is transferred electronically; and
1576 (II) would be subject to a tax under this chapter if the product was transferred in a
1577 manner other than electronically; or
1578 (B) of a repair or renovation of a product that:
1579 (I) is transferred electronically; and
1580 (II) would be subject to a tax under this chapter if the product was transferred in a
1581 manner other than electronically; and
1582 (ii) regardless of whether the sale provides:
1583 (A) a right of permanent use of the product; or
1584 (B) a right to use the product that is less than a permanent use, including a right:
1585 (I) for a definite or specified length of time; and
1586 (II) that terminates upon the occurrence of a condition.
1587 (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
1588 is imposed on a transaction described in Subsection (1) equal to the sum of:
1589 (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1590 (A) 4.70%; and
1591 (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
1592 and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1593 through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
1594 State Sales and Use Tax Act; and
1595 (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
1596 and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1597 through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state

1598 imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1599 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1600 transaction under this chapter other than this part.
1601 (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is
1602 imposed on a transaction described in Subsection (1)(d) equal to the sum of:
1603 (i) a state tax imposed on the transaction at a tax rate of 2%; and
1604 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1605 transaction under this chapter other than this part.
1606 (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is
1607 imposed on amounts paid or charged for food and food ingredients equal to the sum of:
1608 (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1609 a tax rate of 1.75%; and
1610 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1611 amounts paid or charged for food and food ingredients under this chapter other than this part.
1612 (d) (i) For a bundled transaction that is attributable to food and food ingredients and
1613 tangible personal property other than food and food ingredients, a state tax and a local tax is
1614 imposed on the entire bundled transaction equal to the sum of:
1615 (A) a state tax imposed on the entire bundled transaction equal to the sum of:
1616 (I) the tax rate described in Subsection (2)(a)(i)(A); and
1617 (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
1618 Sales and Use Tax Act, if the location of the transaction as determined under Sections
1619 59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
1620 Additional State Sales and Use Tax Act; and
1621 (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
1622 Sales and Use Tax Act, if the location of the transaction as determined under Sections
1623 59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in
1624 which the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1625 (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates

1626 described in Subsection (2)(a)(ii).
1627 (ii) Subject to Subsection (2)(d)(iii), for a bundled transaction other than a bundled
1628 transaction described in Subsection (2)(d)(i):
1629 (A) if the sales price of the bundled transaction is attributable to tangible personal
1630 property, a product, or a service that is subject to taxation under this chapter and tangible
1631 personal property, a product, or service that is not subject to taxation under this chapter, the
1632 entire bundled transaction is subject to taxation under this chapter unless:
1633 (I) the seller is able to identify by reasonable and verifiable standards the tangible
1634 personal property, product, or service that is not subject to taxation under this chapter from the
1635 books and records the seller keeps in the seller's regular course of business; or
1636 (II) state or federal law provides otherwise; or
1637 (B) if the sales price of a bundled transaction is attributable to two or more items of
1638 tangible personal property, products, or services that are subject to taxation under this chapter
1639 at different rates, the entire bundled transaction is subject to taxation under this chapter at the
1640 higher tax rate unless:
1641 (I) the seller is able to identify by reasonable and verifiable standards the tangible
1642 personal property, product, or service that is subject to taxation under this chapter at the lower
1643 tax rate from the books and records the seller keeps in the seller's regular course of business; or
1644 (II) state or federal law provides otherwise.
1645 (iii) For purposes of Subsection (2)(d)(ii), books and records that a seller keeps in the
1646 seller's regular course of business includes books and records the seller keeps in the regular
1647 course of business for nontax purposes.
1648 (e) Subject to Subsections (2)(f) and (g), a tax rate repeal or tax rate change for a tax
1649 rate imposed under the following shall take effect on the first day of a calendar quarter:
1650 (i) Subsection (2)(a)(i)(A);
1651 (ii) Subsection (2)(b)(i);
1652 (iii) Subsection (2)(c)(i); or
1653 (iv) Subsection (2)(d)(i)(A)(I).

1654 (f) (i) A tax rate increase shall take effect on the first day of the first billing period that
1655 begins after the effective date of the tax rate increase if the billing period for the transaction
1656 begins before the effective date of a tax rate increase imposed under:
1657 (A) Subsection (2)(a)(i)(A);
1658 (B) Subsection (2)(b)(i);
1659 (C) Subsection (2)(c)(i); or
1660 (D) Subsection (2)(d)(i)(A)(I).
1661 (ii) The repeal of a tax or a tax rate decrease shall take effect on the first day of the last
1662 billing period that began before the effective date of the repeal of the tax or the tax rate
1663 decrease if the billing period for the transaction begins before the effective date of the repeal
1664 of the tax or the tax rate decrease imposed under:
1665 (A) Subsection (2)(a)(i)(A);
1666 (B) Subsection (2)(b)(i);
1667 (C) Subsection (2)(c)(i); or
1668 (D) Subsection (2)(d)(i)(A)(I).
1669 (g) (i) For a tax rate described in Subsection (2)(g)(ii), if a tax due on a catalogue sale
1670 is computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal
1671 or change in a tax rate takes effect:
1672 (A) on the first day of a calendar quarter; and
1673 (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
1674 (ii) Subsection (2)(g)(i) applies to the tax rates described in the following:
1675 (A) Subsection (2)(a)(i)(A);
1676 (B) Subsection (2)(b)(i);
1677 (C) Subsection (2)(c)(i); or
1678 (D) Subsection (2)(d)(i)(A)(I).
1679 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1680 the commission may by rule define the term "catalogue sale."
1681 (3) (a) The following state taxes shall be deposited into the General Fund:

1682 (i) the tax imposed by Subsection (2)(a)(i)(A);
1683 (ii) the tax imposed by Subsection (2)(b)(i);
1684 (iii) the tax imposed by Subsection (2)(c)(i); or
1685 (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
1686 (b) The following local taxes shall be distributed to a county, city, or town as provided
1687 in this chapter:
1688 (i) the tax imposed by Subsection (2)(a)(ii);
1689 (ii) the tax imposed by Subsection (2)(b)(ii);
1690 (iii) the tax imposed by Subsection (2)(c)(ii); and
1691 (iv) the tax imposed by Subsection (2)(d)(i)(B).
1692 (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July
1693 1, 2003, the lesser of the following amounts shall be used as provided in Subsections (4)(b)
1694 through (g):
1695 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1696 (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1697 (B) for the fiscal year; or
1698 (ii) $17,500,000.
1699 (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1700 described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
1701 Department of Natural Resources to:
1702 (A) implement the measures described in Subsections [ 63-34-14 (4)(a)] 79-2-303 (3)(a)
1703 through (d) to protect sensitive plant and animal species; or
1704 (B) award grants, up to the amount authorized by the Legislature in an appropriations
1705 act, to political subdivisions of the state to implement the measures described in Subsections
1706 [ 63-34-14 (4)(a)] 79-2-303 (3)(a) through (d) to protect sensitive plant and animal species.
1707 (ii) Money transferred to the Department of Natural Resources under Subsection
1708 (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
1709 person to list or attempt to have listed a species as threatened or endangered under the

1710 Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
1711 (iii) At the end of each fiscal year:
1712 (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1713 Conservation and Development Fund created in Section 73-10-24 ;
1714 (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1715 Program Subaccount created in Section 73-10c-5 ; and
1716 (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1717 Program Subaccount created in Section 73-10c-5 .
1718 (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1719 Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
1720 created in Section 4-18-6 .
1721 (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
1722 in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
1723 Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
1724 water rights.
1725 (ii) At the end of each fiscal year:
1726 (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1727 Conservation and Development Fund created in Section 73-10-24 ;
1728 (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1729 Program Subaccount created in Section 73-10c-5 ; and
1730 (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1731 Program Subaccount created in Section 73-10c-5 .
1732 (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
1733 described in Subsection (4)(a) shall be deposited in the Water Resources Conservation and
1734 Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
1735 (ii) In addition to the uses allowed of the Water Resources Conservation and
1736 Development Fund under Section 73-10-24 , the Water Resources Conservation and
1737 Development Fund may also be used to:

1738 (A) conduct hydrologic and geotechnical investigations by the Division of Water
1739 Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
1740 quantifying surface and ground water resources and describing the hydrologic systems of an
1741 area in sufficient detail so as to enable local and state resource managers to plan for and
1742 accommodate growth in water use without jeopardizing the resource;
1743 (B) fund state required dam safety improvements; and
1744 (C) protect the state's interest in interstate water compact allocations, including the
1745 hiring of technical and legal staff.
1746 (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1747 in Subsection (4)(a) shall be deposited in the Utah Wastewater Loan Program Subaccount
1748 created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
1749 (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1750 in Subsection (4)(a) shall be deposited in the Drinking Water Loan Program Subaccount
1751 created in Section 73-10c-5 for use by the Division of Drinking Water to:
1752 (i) provide for the installation and repair of collection, treatment, storage, and
1753 distribution facilities for any public water system, as defined in Section 19-4-102 ;
1754 (ii) develop underground sources of water, including springs and wells; and
1755 (iii) develop surface water sources.
1756 (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July
1757 1, 2006, the difference between the following amounts shall be expended as provided in this
1758 Subsection (5), if that difference is greater than $1:
1759 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
1760 fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
1761 (ii) $17,500,000.
1762 (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1763 (A) transferred each fiscal year to the Department of Natural Resources as dedicated
1764 credits; and
1765 (B) expended by the Department of Natural Resources for watershed rehabilitation or

1766 restoration.
1767 (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits
1768 described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and
1769 Development Fund created in Section 73-10-24 .
1770 (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1771 remaining difference described in Subsection (5)(a) shall be:
1772 (A) transferred each fiscal year to the Division of Water Resources as dedicated
1773 credits; and
1774 (B) expended by the Division of Water Resources for cloud-seeding projects
1775 authorized by Title 73, Chapter 15, Modification of Weather.
1776 (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits
1777 described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and
1778 Development Fund created in Section 73-10-24 .
1779 (d) After making the transfers required by Subsections (5)(b) and (c), 94% of the
1780 remaining difference described in Subsection (5)(a) shall be deposited into the Water
1781 Resources Conservation and Development Fund created in Section 73-10-24 for use by the
1782 Division of Water Resources for:
1783 (i) preconstruction costs:
1784 (A) as defined in Subsection 73-26-103 (6) for projects authorized by Title 73, Chapter
1785 26, Bear River Development Act; and
1786 (B) as defined in Subsection 73-28-103 (8) for the Lake Powell Pipeline project
1787 authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1788 (ii) the cost of employing a civil engineer to oversee any project authorized by Title
1789 73, Chapter 26, Bear River Development Act;
1790 (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
1791 authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
1792 (iv) other uses authorized under Sections 73-10-24 , 73-10-25.1 , 73-10-30 , and
1793 Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).

1794 (e) Any unexpended monies described in Subsection (5)(d) that remain in the Water
1795 Resources Conservation and Development Fund at the end of the fiscal year are nonlapsing.
1796 (f) After making the transfers required by Subsections (5)(b) and (c) and subject to
1797 Subsection (5)(g), 6% of the remaining difference described in Subsection (5)(a) shall be
1798 transferred each year as dedicated credits to the Division of Water Rights to cover the costs
1799 incurred for employing additional technical staff for the administration of water rights.
1800 (g) At the end of each fiscal year, any unexpended dedicated credits described in
1801 Subsection (5)(f) over $150,000 lapse to the Water Resources Conservation and Development
1802 Fund created in Section 73-10-24 .
1803 (6) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1804 2003, and for taxes listed under Subsection (3)(a), the amount of revenue generated by a
1805 1/16% tax rate on the transactions described in Subsection (1) for the fiscal year shall be
1806 deposited in the Transportation Fund created by Section 72-2-102 .
1807 (7) (a) Notwithstanding Subsection (3)(a) and until Subsection (7)(b) applies,
1808 beginning on January 1, 2000, the Division of Finance shall deposit into the Centennial
1809 Highway Fund Restricted Account created in Section 72-2-118 a portion of the taxes listed
1810 under Subsection (3)(a) equal to the revenues generated by a 1/64% tax rate on the taxable
1811 transactions under Subsection (1).
1812 (b) Notwithstanding Subsection (3)(a), when the highway general obligation bonds
1813 have been paid off and the highway projects completed that are intended to be paid from
1814 revenues deposited in the Centennial Highway Fund Restricted Account as determined by the
1815 Executive Appropriations Committee under Subsection 72-2-118 (6)(d), the Division of
1816 Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
1817 72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
1818 by a 1/64% tax rate on the taxable transactions under Subsection (1).
1819 (8) (a) Notwithstanding Subsection (3)(a), in addition to the amount deposited in
1820 Subsection (7)(a), and until Subsection (8)(b) applies, for a fiscal year beginning on or after
1821 July 1, 2007, the Division of Finance shall deposit into the Centennial Highway Fund

1822 Restricted Account created by Section 72-2-118 a portion of the taxes listed under Subsection
1823 (3)(a) equal to 8.3% of the revenues collected from the following taxes, which represents a
1824 portion of the approximately 17% of sales and use tax revenues generated annually by the
1825 sales and use tax on vehicles and vehicle-related products:
1826 (i) the tax imposed by Subsection (2)(a)(i)(A);
1827 (ii) the tax imposed by Subsection (2)(b)(i);
1828 (iii) the tax imposed by Subsection (2)(c)(i); and
1829 (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
1830 (b) Notwithstanding Subsection (3)(a) and in addition to the amounts deposited under
1831 Subsection (7)(b), when the highway general obligation bonds have been paid off and the
1832 highway projects completed that are intended to be paid from revenues deposited in the
1833 Centennial Highway Fund Restricted Account as determined by the Executive Appropriations
1834 Committee under Subsection 72-2-118 (6)(d), the Division of Finance shall deposit into the
1835 Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes
1836 listed under Subsection (3)(a) equal to 8.3% of the revenues collected from the following
1837 taxes, which represents a portion of the approximately 17% of sales and use tax revenues
1838 generated annually by the sales and use tax on vehicles and vehicle-related products:
1839 (i) the tax imposed by Subsection (2)(a)(i)(A);
1840 (ii) the tax imposed by Subsection (2)(b)(i);
1841 (iii) the tax imposed by Subsection (2)(c)(i); and
1842 (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
1843 (9) (a) Notwithstanding Subsection (3)(a) and for the fiscal year 2008-09 only, the
1844 Division of Finance shall deposit $55,000,000 of the revenues generated by the taxes listed
1845 under Subsection (3)(a) into the Critical Highway Needs Fund created by Section 72-2-125 .
1846 (b) Notwithstanding Subsection (3)(a) and until Subsection (9)(c) applies, for a fiscal
1847 year beginning on or after July 1, 2009, the Division of Finance shall annually deposit
1848 $90,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
1849 Critical Highway Needs Fund created by Section 72-2-125 .

1850 (c) Notwithstanding Subsection (3)(a) and in addition to any amounts deposited under
1851 Subsections (7) and (8), when the general obligation bonds authorized by Section 63B-16-101
1852 have been paid off and the highway projects completed that are included in the prioritized
1853 project list under Subsection 72-2-125 (4) as determined in accordance with Subsection
1854 72-2-125 (6), the Division of Finance shall annually deposit $90,000,000 of the revenues
1855 generated by the taxes listed under Subsection (3)(a) into the Transportation Investment Fund
1856 of 2005 created by Section 72-2-124 .
1857 (10) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1858 2008-09, $915,000 shall be deposited into the Qualified Emergency Food Agencies Fund
1859 created by Section 9-4-1409 and expended as provided in Section 9-4-1409 .
1860 (11) (a) (i) Notwithstanding Subsection (3)(a), except as provided in Subsection
1861 (11)(a)(ii), and until Subsection (11)(b) applies, beginning on January 1, 2009, the Division of
1862 Finance shall deposit into the Critical Highway Needs Fund created by Section 72-2-125 the
1863 amount of tax revenue generated by a .025% tax rate on the transactions described in
1864 Subsection (1).
1865 (ii) For purposes of Subsection (11)(a)(i), the Division of Finance may not deposit into
1866 the Critical Highway Needs Fund any tax revenue generated by amounts paid or charged for
1867 food and food ingredients, except for tax revenue generated by a bundled transaction
1868 attributable to food and food ingredients and tangible personal property other than food and
1869 food ingredients described in Subsection (2)(e).
1870 (b) (i) Notwithstanding Subsection (3)(a), except as provided in Subsection (11)(b)(ii),
1871 and in addition to any amounts deposited under Subsections (7), (9), and (10), when the
1872 general obligation bonds authorized by Section 63B-16-101 have been paid off and the
1873 highway projects completed that are included in the prioritized project list under Subsection
1874 72-2-125 (4) as determined in accordance with Subsection 72-2-125 (6), the Division of
1875 Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
1876 72-2-124 the amount of tax revenue generated by a .025% tax rate on the transactions
1877 described in Subsection (1).

1878 (ii) For purposes of Subsection (11)(b)(i), the Division of Finance may not deposit into
1879 the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
1880 charged for food and food ingredients, except for tax revenue generated by a bundled
1881 transaction attributable to food and food ingredients and tangible personal property other than
1882 food and food ingredients described in Subsection (2)(e).
1883 (12) (a) Notwithstanding Subsection (3)(a), and except as provided in Subsection
1884 (12)(b), beginning on January 1, 2009, the Division of Finance shall deposit into the
1885 Transportation Fund created by Section 72-2-102 the amount of tax revenue generated by a
1886 .025% tax rate on the transactions described in Subsection (1) to be expended to address
1887 chokepoints in construction management.
1888 (b) For purposes of Subsection (12)(a), the Division of Finance may not deposit into
1889 the Transportation Fund any tax revenue generated by amounts paid or charged for food and
1890 food ingredients, except for tax revenue generated by a bundled transaction attributable to
1891 food and food ingredients and tangible personal property other than food and food ingredients
1892 described in Subsection (2)(e).
1893 Section 19. Section 59-23-4 is amended to read:
1894 59-23-4. Brine shrimp royalty -- Royalty rate -- Commission to prepare billing
1895 statement -- Deposit of revenue.
1896 (1) (a) Beginning on February 1, 2004, and ending on January 31, 2006, there is
1897 imposed for each tax year a brine shrimp royalty of the lesser of:
1898 (i) 3.75 cents multiplied by the total pounds of unprocessed brine shrimp eggs that are
1899 harvested in the state during the tax year; or
1900 (ii) $550,000.
1901 (b) Beginning on February 1, 2006, there is imposed for each tax year a brine shrimp
1902 royalty of 3.75 cents multiplied by the pounds of unprocessed brine shrimp eggs that are
1903 harvested in the state during the tax year.
1904 (2) Beginning on February 1, 2004, and ending on January 31, 2006, the royalty
1905 amount due from a person for each tax year is:

1906 (a) if the brine shrimp royalty for the tax year is as described in Subsection (1)(a)(i),
1907 the gross volume of unprocessed brine shrimp eggs harvested in the state by that person during
1908 that tax year multiplied by 3.75 cents; or
1909 (b) if the brine shrimp royalty for the tax year is $550,000, the gross volume of
1910 unprocessed brine shrimp eggs harvested in the state by that person for that tax year multiplied
1911 by the alternate royalty rate.
1912 (3) Beginning on February 1, 2006, the royalty amount due from a person for a tax
1913 year is the gross volume of unprocessed brine shrimp eggs harvested in the state by that person
1914 during that tax year multiplied by 3.75 cents.
1915 (4) (a) A person that harvests unprocessed brine shrimp eggs shall report to the
1916 Department of Natural Resources the total gross volume of unprocessed brine shrimp eggs
1917 harvested by that person for that tax year on or before the February 15 immediately following
1918 the last day of that tax year.
1919 (b) The Department of Natural Resources shall provide the following information to
1920 the commission on or before the March 1 immediately following the last day of a tax year:
1921 (i) the total gross volume of unprocessed brine shrimp eggs harvested for that tax year;
1922 and
1923 (ii) for each person that harvested brine shrimp eggs for that tax year:
1924 (A) the gross volume of unprocessed brine shrimp eggs harvested by that person for
1925 that tax year; and
1926 (B) a current billing address for that person; and
1927 (iii) any additional information required by the commission.
1928 (c) (i) The commission shall prepare and mail a billing statement to each person that
1929 harvested unprocessed brine shrimp eggs by the March 30 immediately following the last day
1930 of a tax year.
1931 (ii) The billing statement under Subsection (4)(c)(i) shall specify:
1932 (A) the gross volume of unprocessed brine shrimp eggs harvested by that person for
1933 that tax year;

1934 (B) the amount of brine shrimp royalty that the person owes; and
1935 (C) the date that the brine shrimp royalty payment is due as provided in Section
1936 59-23-5 .
1937 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1938 the commission may make rules prescribing the information required under Subsection
1939 (4)(b)(iii).
1940 (5) All revenue generated by the brine shrimp royalty shall be deposited in the Species
1941 Protection Account created in Section [ 63-34-14 ] 79-2-303 .
1942 (6) Beginning with the 2004 interim, the Revenue and Taxation Interim Committee:
1943 (a) shall review the annual brine shrimp royalty amount imposed under this section
1944 one or more times every five years;
1945 (b) shall determine on or before the November interim meeting of the year in which
1946 the Revenue and Taxation Interim Committee reviews the annual brine shrimp royalty amount
1947 imposed under this section whether the royalty amount should be:
1948 (i) continued;
1949 (ii) modified; or
1950 (iii) repealed; and
1951 (c) may review any other issue related to the brine shrimp royalty imposed under this
1952 part as determined by the Revenue and Taxation Interim Committee.
1953 Section 20. Section 63A-5-204 is amended to read:
1954 63A-5-204. Specific powers and duties of director.
1955 (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
1956 same meaning as provided in Section 63C-9-102 .
1957 (2) (a) The director shall:
1958 (i) recommend rules to the executive director for the use and management of facilities
1959 and grounds owned or occupied by the state for the use of its departments and agencies;
1960 (ii) supervise and control the allocation of space, in accordance with legislative
1961 directive through annual appropriations acts or other specific legislation, to the various

1962 departments, commissions, institutions, and agencies in all buildings or space owned, leased,
1963 or rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
1964 otherwise provided by law;
1965 (iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
1966 Division of Facilities Construction and Management Leasing;
1967 (iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
1968 through the appropriations act or other specific legislation, and hold title to, in the name of the
1969 division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
1970 agencies;
1971 (v) adopt and use a common seal, of a form and design determined by the director, and
1972 of which courts shall take judicial notice;
1973 (vi) file a description and impression of the seal with the Division of Archives;
1974 (vii) collect and maintain all deeds, abstracts of title, and all other documents
1975 evidencing title to or interest in property belonging to the state or any of its departments,
1976 except institutions of higher education and the School and Institutional Trust Lands
1977 Administration;
1978 (viii) report all properties acquired by the state, except those acquired by institutions
1979 of higher education, to the director of the Division of Finance for inclusion in the state's
1980 financial records;
1981 (ix) before charging a rate, fee, or other amount for services provided by the division's
1982 internal service fund to an executive branch agency, or to a subscriber of services other than
1983 an executive branch agency:
1984 (A) submit the proposed rates, fees, and cost analysis to the Rate Committee
1985 established in Section 63A-1-114 ; and
1986 (B) obtain the approval of the Legislature as required by Section 63J-1-306 ;
1987 (x) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
1988 rates and fees, which analysis shall include a comparison of the division's rates and fees with
1989 the fees of other public or private sector providers where comparable services and rates are

1990 reasonably available;
1991 (xi) implement the State Building Energy Efficiency Program under Section
1992 63A-5-701 ; and
1993 (xii) take all other action necessary for carrying out the purposes of this chapter.
1994 (b) Legislative approval is not required for acquisitions by the division that cost less
1995 than $250,000.
1996 (3) (a) The director shall direct or delegate maintenance and operations, preventive
1997 maintenance, and facilities inspection programs and activities for any department,
1998 commission, institution, or agency, except:
1999 (i) the State Capitol Preservation Board; and
2000 (ii) state institutions of higher education.
2001 (b) The director may choose to delegate responsibility for these functions only when
2002 the director determines that:
2003 (i) the department or agency has requested the responsibility;
2004 (ii) the department or agency has the necessary resources and skills to comply with
2005 facility maintenance standards approved by the State Building Board; and
2006 (iii) the delegation would result in net cost savings to the state as a whole.
2007 (c) The State Capitol Preservation Board and state institutions of higher education are
2008 exempt from Division of Facilities Construction and Management oversight.
2009 (d) Each state institution of higher education shall comply with the facility
2010 maintenance standards approved by the State Building Board.
2011 (e) Except for the State Capitol Preservation Board, agencies and institutions that are
2012 exempt from division oversight shall annually report their compliance with the facility
2013 maintenance standards to the division in the format required by the division.
2014 (f) The division shall:
2015 (i) prescribe a standard format for reporting compliance with the facility maintenance
2016 standards;
2017 (ii) report agency and institution compliance or noncompliance with the standards to

2018 the Legislature; and
2019 (iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
2020 complying with the standards.
2021 (4) (a) In making any allocations of space under Subsection (2), the director shall:
2022 (i) conduct studies to determine the actual needs of each department, commission,
2023 institution, or agency; and
2024 (ii) comply with the restrictions contained in this Subsection (4).
2025 (b) The supervision and control of the legislative area is reserved to the Legislature.
2026 (c) The supervision and control of the judicial area is reserved to the judiciary for trial
2027 courts only.
2028 (d) The director may not supervise or control the allocation of space for entities in the
2029 public and higher education systems.
2030 (e) The supervision and control of capitol hill facilities and capitol hill grounds is
2031 reserved to the State Capitol Preservation Board.
2032 (5) The director may:
2033 (a) hire or otherwise procure assistance and services, professional, skilled, or
2034 otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
2035 provided for that purpose either through annual operating budget appropriations or from
2036 nonlapsing project funds;
2037 (b) sue and be sued in the name of the division; and
2038 (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
2039 Legislature, whatever real or personal property that is necessary for the discharge of the
2040 director's duties.
2041 (6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
2042 hold title to any real property, buildings, fixtures, and appurtenances held by them for
2043 purposes other than administration that are under their control and management:
2044 (a) the Office of Trust Administrator;
2045 (b) the Department of Transportation;

2046 (c) the Division of Forestry, Fire, and State Lands;
2047 (d) the Department of Natural Resources;
2048 (e) the Utah National Guard;
2049 (f) any area vocational center or other institution administered by the State Board of
2050 Education;
2051 (g) any institution of higher education; and
2052 (h) the Utah Science Technology and Research Governing Authority.
2053 (7) The director shall ensure that any firm performing testing and inspection work
2054 governed by the American Society for Testing Materials Standard E-329 on public buildings
2055 under the director's supervision shall:
2056 (a) fully comply with the American Society for Testing Materials standard
2057 specifications for agencies engaged in the testing and inspection of materials known as ASTM
2058 E-329; and
2059 (b) carry a minimum of $1,000,000 of errors and omissions insurance.
2060 (8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
2061 Lands Administration may hold title to any real property, buildings, fixtures, and
2062 appurtenances held by it that are under its control.
2063 Section 21. Section 63A-5-222 is amended to read:
2064 63A-5-222. Critical land near state prison -- Definitions -- Preservation as open
2065 land -- Management and use of land -- Restrictions on transfer -- Wetlands development
2066 -- Conservation easement.
2067 (1) For purposes of this section:
2068 (a) "Corrections" means the Department of Corrections created under Section 64-13-2 .
2069 (b) "Critical land" means a parcel of approximately 250 acres of land owned by the
2070 division and located on the east edge of the Jordan River between about 12300 South and
2071 14600 South in Salt Lake County, approximately the southern half of whose eastern boundary
2072 abuts the Denver and Rio Grande Western Railroad right of way.
2073 (c) (i) "Open land" means land that is:

2074 (A) preserved in or restored to a predominantly natural, open, and undeveloped
2075 condition; and
2076 (B) used for:
2077 (I) wildlife habitat;
2078 (II) cultural or recreational use;
2079 (III) watershed protection; or
2080 (IV) another use consistent with the preservation of the land in or restoration of the
2081 land to a predominantly natural, open, and undeveloped condition.
2082 (ii) (A) "Open land" does not include land whose predominant use is as a developed
2083 facility for active recreational activities, including baseball, tennis, soccer, golf, or other
2084 sporting or similar activity.
2085 (B) The condition of land does not change from a natural, open, and undeveloped
2086 condition because of the development or presence on the land of facilities, including trails,
2087 waterways, and grassy areas, that:
2088 (I) enhance the natural, scenic, or aesthetic qualities of the land; or
2089 (II) facilitate the public's access to or use of the land for the enjoyment of its natural,
2090 scenic, or aesthetic qualities and for compatible recreational activities.
2091 (2) (a) (i) The critical land shall be preserved in perpetuity as open land.
2092 (ii) The long-term ownership and management of the critical land should eventually be
2093 turned over to the Department of Natural Resources created under Section [ 63-34-3 ] 79-2-201
2094 or another agency or entity that is able to accomplish the purposes and intent of this section.
2095 (b) Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions
2096 should be taken on or with respect to the critical land, including:
2097 (i) the development and implementation of a program to eliminate noxious vegetation
2098 and restore and facilitate the return of natural vegetation on the critical land;
2099 (ii) the development of a system of trails through the critical land that is compatible
2100 with the preservation of the critical land as open land;
2101 (iii) the development and implementation of a program to restore the natural features

2102 of and improve the flows of the Jordan River as it crosses the critical land;
2103 (iv) the preservation of the archeological site discovered on the critical land and the
2104 development of an interpretive site in connection with the archeological discovery;
2105 (v) in restoring features on the critical land, the adoption of methods and plans that
2106 will enhance the critical land's function as a wildlife habitat;
2107 (vi) taking measures to reduce safety risks on the critical land; and
2108 (vii) the elimination or rehabilitation of a prison dump site on the critical land.
2109 (3) (a) Except as provided in Subsection (3)(b), no interest in the critical land may be
2110 sold, assigned, leased, or otherwise transferred unless measures are taken to ensure that the
2111 critical land that is transferred will be preserved as open land in perpetuity.
2112 (b) Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to
2113 resolve boundary disputes with adjacent property owners and easements may be granted for
2114 trails and other purposes consistent with Subsection (2)(b) and with the preservation of the
2115 critical land as open land.
2116 (4) The division shall use the funds remaining from the appropriation under Laws of
2117 Utah 1998, Chapter 399, for the purposes of:
2118 (a) determining the boundaries and legal description of the critical land;
2119 (b) determining the boundaries and legal description of the adjacent property owned
2120 by the division;
2121 (c) fencing the critical land and adjacent land owned by the division where appropriate
2122 and needed; and
2123 (d) assisting to carry out the intent of this section.
2124 (5) (a) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the
2125 critical land may develop or allow a public agency or private entity to develop more wetlands
2126 on the critical land than exist naturally or existed previously.
2127 (b) (i) Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title
2128 may transfer jurisdiction of all or a portion of the critical land to a public agency or private
2129 entity to provide for the development and management of wetlands and designated wetland

2130 buffer areas.
2131 (ii) Before transferring jurisdiction of any part of the critical land under Subsection
2132 (5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to
2133 obtain approval from the appropriate federal agency to allow mitigation credits in connection
2134 with the critical land to be used for impacts occurring anywhere along the Wasatch Front.
2135 (6) Notwithstanding any other provision of this section, corrections shall have access
2136 to the cooling pond located on the critical land as long as that access to and use of the cooling
2137 pond are not inconsistent with the preservation of the critical land as open land.
2138 (7) The Department of Corrections, the division, and all other state departments,
2139 divisions, or agencies shall cooperate together to carry out the intent of this section.
2140 (8) In order to ensure that the land referred to in this section is preserved as open land,
2141 the division shall, as soon as practicable, place the land under a perpetual conservation
2142 easement in favor of an independent party such as a reputable land conservation organization
2143 or a state or local government agency with experience in conservation easements.
2144 Section 22. Section 63B-4-201 is amended to read:
2145 63B-4-201. Legislative intent statements -- Capital facilities.
2146 (1) (a) It is the intent of the Legislature that the University of Utah use institutional
2147 and other funds to plan, design, and construct two campus child care centers under the
2148 supervision of the director of the Division of Facilities Construction and Management unless
2149 supervisory authority is delegated by the director.
2150 (b) The university shall work with Salt Lake City and the surrounding neighborhood to
2151 ensure site compatibility for future recreational development by the city.
2152 (2) It is the intent of the Legislature that the University of Utah use institutional funds
2153 to plan, design, and construct:
2154 (a) the Union Parking structure under the supervision of the director of the Division of
2155 Facilities Construction and Management unless supervisory authority is delegated by the
2156 director;
2157 (b) the stadium renovation under the supervision of the director of the Division of

2158 Facilities Construction and Management unless supervisory authority is delegated by the
2159 director;
2160 (c) the Huntsman Cancer Institute under the supervision of the director of the Division
2161 of Facilities Construction and Management unless supervisory authority is delegated by the
2162 director;
2163 (d) the Business Case Method Building under the supervision of the director of the
2164 Division of Facilities Construction and Management unless supervisory authority is delegated
2165 by the director; and
2166 (e) the Fine Arts Museum expansion under the supervision of the director of the
2167 Division of Facilities Construction and Management unless supervisory authority is delegated
2168 by the director.
2169 (3) It is the intent of the Legislature that Utah State University use institutional funds
2170 to plan, design, and construct:
2171 (a) a student health services facility under the supervision of the director of the
2172 Division of Facilities Construction and Management unless supervisory authority is delegated
2173 by the director;
2174 (b) a women's softball field under the supervision of the director of the Division of
2175 Facilities Construction and Management unless supervisory authority is delegated by the
2176 director;
2177 (c) an addition to the Nutrition and Food Services Building under the supervision of
2178 the director of the Division of Facilities Construction and Management unless supervisory
2179 authority is delegated by the director; and
2180 (d) a Human Resource Research Center under the supervision of the director of the
2181 Division of Facilities Construction and Management unless supervisory authority is delegated
2182 by the director.
2183 (4) It is the intent of the Legislature that Weber State University use institutional funds
2184 to plan, design, and construct:
2185 (a) a track renovation under the supervision of the director of the Division of Facilities

2186 Construction and Management unless supervisory authority is delegated by the director; and
2187 (b) the Dee Events Center offices under the supervision of the director of the Division
2188 of Facilities Construction and Management unless supervisory authority is delegated by the
2189 director.
2190 (5) It is the intent of the Legislature that Southern Utah University use:
2191 (a) institutional funds to plan, design, and construct an institutional residence under
2192 the supervision of the director of the Division of Facilities Construction and Management
2193 unless supervisory authority is delegated by the director; and
2194 (b) project revenues and other funds to plan, design, and construct the Shakespearean
2195 Festival support facilities under the supervision of the director of the Division of Facilities
2196 Construction and Management unless supervisory authority is delegated by the director.
2197 (6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
2198 design, and construct an institutional residence under the supervision of the director of the
2199 Division of Facilities Construction and Management unless supervisory authority is delegated
2200 by the director.
2201 (7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
2202 use federal and other funds to plan, design, and construct a wetlands enhancement facility
2203 under the supervision of the director of the Division of Facilities Construction and
2204 Management unless supervisory authority is delegated by the director.
2205 (8) (a) As provided in Subsection 63A-5-209 (2), the funds appropriated to the Project
2206 Reserve Fund may only be used for the award of contracts in excess of the construction budget
2207 if these funds are required to meet the intent of the project.
2208 (b) It is the intent of the Legislature that:
2209 (i) up to $2,000,000 of the amount may be used to award the construction contract for
2210 the Ogden Court Building; and
2211 (ii) the need for any funds remaining as of December 31, 1995 be reviewed by the
2212 1996 Legislature.
2213 (9) (a) It is the intent of the Legislature that the State Building Ownership Authority,

2214 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2215 or execute obligations or enter into or arrange for a lease purchase agreement in which
2216 participation interests may be created to provide up to $539,700 for the purchase and
2217 demolition of the Keyston property and construction of parking facilities adjacent to the State
2218 Office of Education Building in Salt Lake City, with additional amounts necessary to:
2219 (i) pay costs of issuance;
2220 (ii) pay capitalized interest; and
2221 (iii) fund any debt service reserve requirements.
2222 (b) It is the intent of the Legislature that the authority seek out the most cost effective
2223 and prudent lease purchase plan available with technical assistance from the state treasurer,
2224 the director of the Division of Finance, and the director of the Governor's Office of Planning
2225 and Budget.
2226 (10) (a) It is the intent of the Legislature that the monies appropriated for Phase One of
2227 the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
2228 University is to include design of full code compliance, life safety, space necessary to maintain
2229 required programs, and seismic upgrades.
2230 (b) The design shall identify the full scope and cost of Phase Two of the remodeling
2231 for funding consideration in the fiscal year 1997 budget cycle.
2232 (11) It is the intent of the Legislature that:
2233 (a) the fiscal year 1996 appropriation for the Davis County Higher Education land
2234 purchase includes up to $250,000 for planning purposes;
2235 (b) the Division of Facilities Construction and Management, the Board of Regents,
2236 and the assigned institution of higher education work jointly to ensure the following elements
2237 are part of the planning process:
2238 (i) projections of student enrollment and programmatic needs for the next ten years;
2239 (ii) review and make recommendations for better use of existing space, current
2240 technologies, public/private partnerships, and other alternatives as a means to reduce the need
2241 for new facilities and still accommodate the projected student needs; and

2242 (iii) use of a master plan that includes issues of utilities, access, traffic circulation,
2243 drainage, rights of way, future developments, and other infrastructure items considered
2244 appropriate; and
2245 (c) every effort is used to minimize expenditures for this part until a definitive
2246 decision has been made by BRACC relative to Hill Air Force Base.
2247 (12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
2248 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2249 or execute obligations or enter into or arrange for a lease purchase agreement in which
2250 participation interests may be created, to provide up to $7,400,000 for the acquisition and
2251 improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
2252 Utah, with associated parking for the Department of Human Services together with additional
2253 amounts necessary to:
2254 (i) pay costs of issuance;
2255 (ii) pay capitalized interest; and
2256 (iii) fund any debt service reserve requirements.
2257 (b) It is the intent of the Legislature that the authority seek out the most cost effective
2258 and prudent lease purchase plan available with technical assistance from the state treasurer,
2259 the director of the Division of Finance, and the director of the Governor's Office of Planning
2260 and Budget.
2261 (13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
2262 under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2263 or execute obligations or enter into or arrange for a lease purchase agreement in which
2264 participation interests may be created to provide up to $63,218,600 for the construction of a
2265 Salt Lake Courts Complex together with additional amounts necessary to:
2266 (i) pay costs of issuance;
2267 (ii) pay capitalized interest; and
2268 (iii) fund any debt service reserve requirements.
2269 (b) It is the intent of the Legislature that the authority seek out the most cost effective

2270 and prudent lease purchase plan available with technical assistance from the state treasurer,
2271 the director of the Division of Finance, and the director of the Governor's Office of Planning
2272 and Budget.
2273 (c) It is the intent of the Legislature that the Division of Facilities Construction and
2274 Management lease land to the State Building Ownership Authority for the construction of a
2275 Salt Lake Courts Complex.
2276 (14) It is the intent of the Legislature that:
2277 (a) the Board of Regents use the higher education design project monies to design no
2278 more than two higher education projects from among the following projects:
2279 (i) College of Eastern Utah - Student Center;
2280 (ii) Snow College - Noyes Building;
2281 (iii) University of Utah - Gardner Hall;
2282 (iv) Utah State University - Widtsoe Hall; or
2283 (v) Southern Utah University - Physical Education Building; and
2284 (b) the higher education institutions that receive approval from the Board of Regents
2285 to design projects under this chapter design those projects under the supervision of the
2286 director of the Division of Facilities Construction and Management unless supervisory
2287 authority is delegated by the director.
2288 (15) It is the intent of the Legislature that:
2289 (a) the Board of Regents may authorize the University of Utah to use institutional
2290 funds and donated funds to design Gardner Hall; and
2291 (b) if authorized by the Board of Regents, the University of Utah may use institutional
2292 funds and donated funds to design Gardner Hall under the supervision of the director of the
2293 Division of Facilities Construction and Management unless supervisory authority is delegated
2294 by the director.
2295 (16) It is the intent of the Legislature that the Division of Facilities Construction and
2296 Management use up to $250,000 of the capital improvement monies to fund the site
2297 improvements required at the San Juan campus of the College of Eastern Utah.

2298 Section 23. Section 63C-11-102 is amended to read:
2299 63C-11-102. Definitions.
2300 As used in this chapter:
2301 (1) "Authority" means the Utah Sports Authority created by this chapter.
2302 (2) "Division of Parks and Recreation" means the Division of Parks and Recreation
2303 created in Section [ 63-11-17.1 ] 79-4-201 .
2304 Section 24. Section 63G-2-206 is amended to read:
2305 63G-2-206. Sharing records.
2306 (1) A governmental entity may provide a record that is private, controlled, or protected
2307 to another governmental entity, a government-managed corporation, a political subdivision,
2308 the federal government, or another state if the requesting entity:
2309 (a) serves as a repository or archives for purposes of historical preservation,
2310 administrative maintenance, or destruction;
2311 (b) enforces, litigates, or investigates civil, criminal, or administrative law, and the
2312 record is necessary to a proceeding or investigation;
2313 (c) is authorized by state statute to conduct an audit and the record is needed for that
2314 purpose;
2315 (d) is one that collects information for presentence, probationary, or parole purposes;
2316 or
2317 (e) (i) is:
2318 (A) the Legislature;
2319 (B) a legislative committee;
2320 (C) a member of the Legislature; or
2321 (D) a legislative staff member acting at the request of the Legislature, a legislative
2322 committee, or a member of the Legislature; and
2323 (ii) requests the record in relation to the Legislature's duties including:
2324 (A) the preparation or review of a legislative proposal or legislation;
2325 (B) appropriations; or

2326 (C) an investigation or review conducted by the Legislature or a legislative committee.
2327 (2) (a) A governmental entity may provide a private, controlled, or protected record or
2328 record series to another governmental entity, a political subdivision, a government-managed
2329 corporation, the federal government, or another state if the requesting entity provides written
2330 assurance:
2331 (i) that the record or record series is necessary to the performance of the governmental
2332 entity's duties and functions;
2333 (ii) that the record or record series will be used for a purpose similar to the purpose for
2334 which the information in the record or record series was collected or obtained; and
2335 (iii) that the use of the record or record series produces a public benefit that outweighs
2336 the individual privacy right that protects the record or record series.
2337 (b) A governmental entity may provide a private, controlled, or protected record or
2338 record series to a contractor or a private provider according to the requirements of Subsection
2339 (6)(b).
2340 (3) (a) A governmental entity shall provide a private, controlled, or protected record to
2341 another governmental entity, a political subdivision, a government-managed corporation, the
2342 federal government, or another state if the requesting entity:
2343 (i) is entitled by law to inspect the record;
2344 (ii) is required to inspect the record as a condition of participating in a state or federal
2345 program or for receiving state or federal funds; or
2346 (iii) is an entity described in Subsection (1)(a), (b), (c), (d), or (e).
2347 (b) Subsection (3)(a)(iii) applies only if the record is a record described in Subsection
2348 63G-2-305 (4).
2349 (4) Before disclosing a record or record series under this section to another
2350 governmental entity, another state, the United States, a foreign government, or to a contractor
2351 or private provider, the originating governmental entity shall:
2352 (a) inform the recipient of the record's classification and the accompanying restrictions
2353 on access; and

2354 (b) if the recipient is not a governmental entity to which this chapter applies, obtain
2355 the recipient's written agreement which may be by mechanical or electronic transmission that
2356 it will abide by those restrictions on access unless a statute, federal regulation, or interstate
2357 agreement otherwise governs the sharing of the record or record series.
2358 (5) A governmental entity may disclose a record to another state, the United States, or
2359 a foreign government for the reasons listed in Subsections (1) and (2) without complying with
2360 the procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement,
2361 treaty, federal statute, compact, federal regulation, or state statute.
2362 (6) (a) Subject to Subsections (6)(b) and (c), an entity receiving a record under this
2363 section is subject to the same restrictions on disclosure of the record as the originating entity.
2364 (b) A contractor or a private provider may receive information under this section only
2365 if:
2366 (i) the contractor or private provider's use of the record or record series produces a
2367 public benefit that outweighs the individual privacy right that protects the record or record
2368 series;
2369 (ii) the record or record series it requests:
2370 (A) is necessary for the performance of a contract with a governmental entity;
2371 (B) will only be used for the performance of the contract with the governmental entity;
2372 (C) will not be disclosed to any other person; and
2373 (D) will not be used for advertising or solicitation purposes; and
2374 (iii) the contractor or private provider gives written assurance to the governmental
2375 entity that is providing the record or record series that it will adhere to the restrictions of this
2376 Subsection (6)(b).
2377 (c) The classification of a record already held by a governmental entity and the
2378 applicable restrictions on disclosure of that record are not affected by the governmental entity's
2379 receipt under this section of a record with a different classification that contains information
2380 that is also included in the previously held record.
2381 (7) Notwithstanding any other provision of this section, if a more specific court rule or

2382 order, state statute, federal statute, or federal regulation prohibits or requires sharing
2383 information, that rule, order, statute, or federal regulation controls.
2384 (8) The following records may not be shared under this section:
2385 (a) records held by the Division of Oil, Gas, and Mining that pertain to any person and
2386 that are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas, and
2387 Mining; and
2388 (b) records of publicly funded libraries as described in Subsection 63G-2-302 (1)(c).
2389 (9) Records that may evidence or relate to a violation of law may be disclosed to a
2390 government prosecutor, peace officer, or auditor.
2391 Section 25. Section 63G-2-301 is amended to read:
2392 63G-2-301. Records that must be disclosed.
2393 (1) As used in this section:
2394 (a) "Business address" means a single address of a governmental agency designated
2395 for the public to contact an employee or officer of the governmental agency.
2396 (b) "Business email address" means a single email address of a governmental agency
2397 designated for the public to contact an employee or officer of the governmental agency.
2398 (c) "Business telephone number" means a single telephone number of a governmental
2399 agency designated for the public to contact an employee or officer of the governmental agency.
2400 (2) The following records are public except to the extent they contain information
2401 expressly permitted to be treated confidentially under the provisions of Subsections
2402 63G-2-201 (3)(b) and (6)(a):
2403 (a) laws;
2404 (b) the name, gender, gross compensation, job title, job description, business address,
2405 business email address, business telephone number, number of hours worked per pay period,
2406 dates of employment, and relevant education, previous employment, and similar job
2407 qualifications of a current or former employee or officer of the governmental entity, excluding:
2408 (i) undercover law enforcement personnel; and
2409 (ii) investigative personnel if disclosure could reasonably be expected to impair the

2410 effectiveness of investigations or endanger any individual's safety;
2411 (c) final opinions, including concurring and dissenting opinions, and orders that are
2412 made by a governmental entity in an administrative, adjudicative, or judicial proceeding
2413 except that if the proceedings were properly closed to the public, the opinion and order may be
2414 withheld to the extent that they contain information that is private, controlled, or protected;
2415 (d) final interpretations of statutes or rules by a governmental entity unless classified
2416 as protected as provided in Subsections 63G-2-305 (16), (17), and (18);
2417 (e) information contained in or compiled from a transcript, minutes, or report of the
2418 open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
2419 and Public Meetings Act, including the records of all votes of each member of the
2420 governmental entity;
2421 (f) judicial records unless a court orders the records to be restricted under the rules of
2422 civil or criminal procedure or unless the records are private under this chapter;
2423 (g) unless otherwise classified as private under Section 63G-2-303 , records or parts of
2424 records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
2425 commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional
2426 Trust Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water
2427 Rights, or other governmental entities that give public notice of:
2428 (i) titles or encumbrances to real property;
2429 (ii) restrictions on the use of real property;
2430 (iii) the capacity of persons to take or convey title to real property; or
2431 (iv) tax status for real and personal property;
2432 (h) records of the Department of Commerce that evidence incorporations, mergers,
2433 name changes, and uniform commercial code filings;
2434 (i) data on individuals that would otherwise be private under this chapter if the
2435 individual who is the subject of the record has given the governmental entity written
2436 permission to make the records available to the public;
2437 (j) documentation of the compensation that a governmental entity pays to a contractor

2438 or private provider;
2439 (k) summary data; and
2440 (l) voter registration records, including an individual's voting history, except for those
2441 parts of the record that are classified as private in Subsection 63G-2-302 (1)(i).
2442 (3) The following records are normally public, but to the extent that a record is
2443 expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201 (3)(b),
2444 Section 63G-2-302 , 63G-2-304 , or 63G-2-305 :
2445 (a) administrative staff manuals, instructions to staff, and statements of policy;
2446 (b) records documenting a contractor's or private provider's compliance with the terms
2447 of a contract with a governmental entity;
2448 (c) records documenting the services provided by a contractor or a private provider to
2449 the extent the records would be public if prepared by the governmental entity;
2450 (d) contracts entered into by a governmental entity;
2451 (e) any account, voucher, or contract that deals with the receipt or expenditure of
2452 funds by a governmental entity;
2453 (f) records relating to government assistance or incentives publicly disclosed,
2454 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
2455 business in Utah, except as provided in Subsection 63G-2-305 (35);
2456 (g) chronological logs and initial contact reports;
2457 (h) correspondence by and with a governmental entity in which the governmental
2458 entity determines or states an opinion upon the rights of the state, a political subdivision, the
2459 public, or any person;
2460 (i) empirical data contained in drafts if:
2461 (i) the empirical data is not reasonably available to the requester elsewhere in similar
2462 form; and
2463 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
2464 make nonsubstantive changes before release;
2465 (j) drafts that are circulated to anyone other than:

2466 (i) a governmental entity;
2467 (ii) a political subdivision;
2468 (iii) a federal agency if the governmental entity and the federal agency are jointly
2469 responsible for implementation of a program or project that has been legislatively approved;
2470 (iv) a government-managed corporation; or
2471 (v) a contractor or private provider;
2472 (k) drafts that have never been finalized but were relied upon by the governmental
2473 entity in carrying out action or policy;
2474 (l) original data in a computer program if the governmental entity chooses not to
2475 disclose the program;
2476 (m) arrest warrants after issuance, except that, for good cause, a court may order
2477 restricted access to arrest warrants prior to service;
2478 (n) search warrants after execution and filing of the return, except that a court, for
2479 good cause, may order restricted access to search warrants prior to trial;
2480 (o) records that would disclose information relating to formal charges or disciplinary
2481 actions against a past or present governmental entity employee if:
2482 (i) the disciplinary action has been completed and all time periods for administrative
2483 appeal have expired; and
2484 (ii) the charges on which the disciplinary action was based were sustained;
2485 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
2486 and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
2487 evidence mineral production on government lands;
2488 (q) final audit reports;
2489 (r) occupational and professional licenses;
2490 (s) business licenses; and
2491 (t) a notice of violation, a notice of agency action under Section 63G-4-201 , or similar
2492 records used to initiate proceedings for discipline or sanctions against persons regulated by a
2493 governmental entity, but not including records that initiate employee discipline.

2494 (4) The list of public records in this section is not exhaustive and should not be used to
2495 limit access to records.
2496 Section 26. Section 63J-4-502 is amended to read:
2497 63J-4-502. Membership -- Terms -- Chair -- Expenses.
2498 (1) The Resource Development Coordinating Committee shall consist of the following
2499 25 members:
2500 (a) the state science advisor;
2501 (b) a representative from the Department of Agriculture and Food appointed by the
2502 executive director;
2503 (c) a representative from the Department of Community and Culture appointed by the
2504 executive director;
2505 (d) a representative from the Department of Environmental Quality appointed by the
2506 executive director;
2507 (e) a representative from the Department of Natural Resources appointed by the
2508 executive director;
2509 (f) a representative from the Department of Transportation appointed by the executive
2510 director;
2511 (g) a representative from the Governor's Office of Economic Development appointed
2512 by the director;
2513 (h) a representative from the Division of Housing and Community Development
2514 appointed by the director;
2515 (i) a representative from the Division of State History appointed by the director;
2516 (j) a representative from the Division of Air Quality appointed by the director;
2517 (k) a representative from the Division of Drinking Water appointed by the director;
2518 (l) a representative from the Division of Environmental Response and Remediation
2519 appointed by the director;
2520 (m) a representative from the Division of Radiation appointed by the director;
2521 (n) a representative from the Division of Solid and Hazardous Waste appointed by the

2522 director;
2523 (o) a representative from the Division of Water Quality appointed by the director;
2524 (p) a representative from the Division of Oil, Gas, and Mining appointed by the
2525 director;
2526 (q) a representative from the Division of Parks and Recreation appointed by the
2527 director;
2528 (r) a representative from the Division of Forestry, Fire, and State Lands appointed by
2529 the director;
2530 (s) a representative from the Utah Geological Survey appointed by the director;
2531 (t) a representative from the Division of Water Resources appointed by the director;
2532 (u) a representative from the Division of Water Rights appointed by the director;
2533 (v) a representative from the Division of Wildlife Resources appointed by the director;
2534 (w) a representative from the School and Institutional Trust Lands Administration
2535 appointed by the director;
2536 (x) a representative from the Division of Facilities Construction and Management
2537 appointed by the director; and
2538 (y) a representative from the Division of Homeland Security appointed by the director.
2539 (2) (a) As particular issues require, the committee may, by majority vote of the
2540 members present, and with the concurrence of the state planning coordinator, appoint
2541 additional temporary members to serve as ex officio voting members.
2542 (b) Those ex officio members may discuss and vote on the issue or issues for which
2543 they were appointed.
2544 (3) A chair shall be selected by a majority vote of committee members with the
2545 concurrence of the state planning coordinator.
2546 (4) (a) (i) Members who are not government employees shall receive no compensation
2547 or benefits for their services, but may receive per diem and expenses incurred in the
2548 performance of the member's official duties at the rates established by the Division of Finance
2549 under Sections 63A-3-106 and 63A-3-107 .

2550 (ii) Members may decline to receive per diem and expenses for their service.
2551 (b) (i) State government officer and employee members who do not receive salary, per
2552 diem, or expenses from their agency for their service may receive per diem and expenses
2553 incurred in the performance of their official duties from the council at the rates established by
2554 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
2555 (ii) State government officer and employee members may decline to receive per diem
2556 and expenses for their service.
2557 Section 27. Section 65A-1-1 is amended to read:
2558 65A-1-1. Definitions.
2559 As used in this title:
2560 (1) "Advisory council" or "council" means the Forestry, Fire, and State Lands
2561 Advisory Council.
2562 (2) "Division" means the Division of Forestry, Fire, and State Lands.
2563 (3) "Multiple use" means the management of various surface and subsurface resources
2564 in a manner that will best meet the present and future needs of the people of this state.
2565 (4) "Public trust assets" means those lands and resources, including sovereign lands,
2566 administered by the division.
2567 (5) "Sovereign lands" means those lands lying below the ordinary high water mark of
2568 navigable bodies of water at the date of statehood and owned by the state by virtue of its
2569 sovereignty.
2570 (6) "State lands" means all lands administered by the division.
2571 (7) "Sustained yield" means the achievement and maintenance of high level annual or
2572 periodic output of the various renewable resources of land without impairment of the
2573 productivity of the land.
2574 Section 28. Section 65A-1-2 is amended to read:
2575 65A-1-2. Forestry, Fire, and State Lands Advisory Council -- Creation --
2576 Responsibilities.
2577 (1) (a) The Forestry, Fire, and State Lands Advisory Council is created within the

2578 Department of Natural Resources.
2579 (b) The council advises the Division of Forestry, Fire, and State Lands on matters
2580 relating to state land management.
2581 (c) (i) Where reference is made in the Utah Code to the State Land Board or the Board
2582 of State Lands, it shall be construed as referring to the Forestry, Fire, and State Lands
2583 Advisory Council, but only if the reference pertains to advisory functions, powers, and duties
2584 related to state land management.
2585 (ii) In all other instances, the reference shall be construed as referring to the Division
2586 of Forestry, Fire, and State Lands, except in matters related to school and institutional trust
2587 lands as defined in Section 53C-1-103 , in which case the reference shall be considered as
2588 referring to the director of school and institutional trust lands or its board of trustees.
2589 (2) In carrying out its responsibilities the council shall provide the division with
2590 advice and expertise for the administration of state lands under comprehensive land
2591 management policies using multiple use-sustained yield principles.
2592 Section 29. Section 65A-1-3 is amended to read:
2593 65A-1-3. Forestry, Fire, and State Lands Advisory Council -- Membership --
2594 Chair -- Terms -- Quorum -- Per diem and expenses -- Duties.
2595 (1) (a) The Forestry, Fire, and State Lands Advisory Council shall be composed of 12
2596 members as follows:
2597 (i) one representative from Rich County;
2598 (ii) one representative from Utah County;
2599 (iii) four individuals representing the combination of Box Elder, Davis, Salt Lake,
2600 Tooele, and Weber counties, two of whom shall be representatives of industries concerned
2601 with sovereign lands;
2602 (iv) one individual representing the combination of Cache, Emery, Garfield, Grand,
2603 Kane, San Juan, and Uintah counties;
2604 (v) four individuals representing the state at large, one of whom shall be representative
2605 of environmental concerns and one of whom shall be representative of sporting concerns; and

2606 (vi) the director of the division.
2607 (b) The director of the division:
2608 (i) shall serve as chair; and
2609 (ii) may not vote except as may be necessary to break a tie vote.
2610 (2) (a) Except as required by Subsection (2)(b), as terms of current council members
2611 expire, the governor shall appoint each new member or reappointed member to a four-year
2612 term.
2613 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2614 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2615 council members are staggered so that approximately half of the council is appointed every
2616 two years.
2617 (3) Seven members of the council constitute a quorum.
2618 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2619 appointed for the unexpired term.
2620 (5) Meetings may be called by the chair or by a quorum of the council.
2621 (6) The council shall meet not less than every six months.
2622 (7) (a) (i) Members who are not government employees shall receive no compensation
2623 or benefits for their services, but may receive per diem and expenses incurred in the
2624 performance of the member's official duties at the rates established by the Division of Finance
2625 under Sections 63A-3-106 and 63A-3-107 .
2626 (ii) Members may decline to receive per diem and expenses for their service.
2627 (b) (i) State government officer and employee members who do not receive salary, per
2628 diem, or expenses from their agency for their service may receive per diem and expenses
2629 incurred in the performance of their official duties from the council at the rates established by
2630 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
2631 (ii) State government officer and employee members may decline to receive per diem
2632 and expenses for their service.
2633 (8) (a) The council shall consider public comment and concern in formulating advice

2634 and counsel for the division.
2635 (b) Council meetings shall be widely advertised, with affected state agencies and
2636 public and private interests being directly notified of meeting schedules and agendas.
2637 (9) (a) The council may provide written recommendations to the director.
2638 (b) The director shall provide a written explanation of any written council
2639 recommendation the director chooses to disregard.
2640 Section 30. Section 65A-1-4 is amended to read:
2641 65A-1-4. Division of Forestry, Fire, and State Lands -- Creation -- Power and
2642 authority.
2643 (1) (a) The Division of Forestry, Fire, and State Lands is created within the
2644 Department of Natural Resources under the administration and general supervision of the
2645 executive director of the department.
2646 (b) The division is the executive authority for the management of sovereign lands, and
2647 the state's mineral estates on lands other than school and institutional trust lands, and shall
2648 provide for forestry and fire control activities as required in Section 65A-8-101 .
2649 (2) The division shall adopt rules under Title 63G, Chapter 3, Utah Administrative
2650 Rulemaking Act, necessary to fulfill the purposes of this title.
2651 (3) The director of the Division of Forestry, Fire, and State Lands is the executive and
2652 administrative head of the division and shall be a person experienced in administration and
2653 management of natural resources.
2654 (4) The director shall inform the council:
2655 (a) in an annual meeting of the division's plans, policies, and budget; and
2656 (b) of policy changes and developing conflicts.
2657 (5) The director shall give the council an opportunity to advise on the changes and
2658 conflicts.
2659 (6) (a) An aggrieved party to a final action by the director may appeal that action to
2660 the executive director of the Department of Natural Resources within 20 days after the action.
2661 (b) The executive director shall rule on the director's action within 20 days after

2662 receipt of the appeal.
2663 Section 31. Section 65A-8-302 is amended to read:
2664 65A-8-302. Definitions.
2665 As used in this part:
2666 (1) "Alter" means to change the configuration of a heritage tree by pruning, trimming,
2667 topping, cutting, or by any other means.
2668 (2) "Committee" means the Heritage Trees Advisory Committee.
2669 (3) "Division" means the Division of Forestry, Fire, and State Lands.
2670 (4) "Heritage tree" means any tree or group of trees designated as such by the division,
2671 in accordance with the following criteria:
2672 (a) any live tree or group of trees indigenous to the state, or which has adapted
2673 exceptionally well to the climatic conditions of the state, or is one of a kind;
2674 (b) any tree or group of trees that has exceptional national, state, or local historic
2675 significance;
2676 (c) any tree or group of trees which has an exceptional size or exceptional form for its
2677 species;
2678 (d) any tree or group of trees which has an exceptional age for its species; or
2679 (e) any tree or group of trees in the state which is the sole representative of its species.
2680 (5) "Person" means any individual, partnership, corporation, or association.
2681 Section 32. Section 67-19-27 is amended to read:
2682 67-19-27. Leave of absence with pay for disabled employees covered under other
2683 civil service systems.
2684 (1) As used in this section:
2685 (a) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
2686 employee of a law enforcement agency that is part of or administered by the state, and whose
2687 primary and principal duties consist of the prevention and detection of crime and the
2688 enforcement of criminal statutes of this state.
2689 (ii) "Law enforcement officer" specifically includes the following:

2690 (A) the commissioner of public safety and any member of the Department of Public
2691 Safety certified as a peace officer;
2692 (B) all persons specified in Sections 23-20-1.5 and [ 63-11-17.2 ] 79-4-501 ;
2693 (C) investigators for the Motor Vehicle Enforcement Division;
2694 (D) special agents or investigators employed by the attorney general;
2695 (E) employees of the Department of Natural Resources designated as peace officers by
2696 law;
2697 (F) the executive director of the Department of Corrections and any correctional
2698 enforcement or investigative officer designated by the executive director and approved by the
2699 commissioner of public safety and certified by the division; and
2700 (G) correctional enforcement, investigative, or adult probation and parole officers
2701 employed by the Department of Corrections serving on or before July 1, 1993.
2702 (b) "State correctional officer" means a correctional officer as defined in Section
2703 53-13-104 who is employed by the Department of Corrections.
2704 (2) (a) Each law enforcement officer, state correctional officer, operator license
2705 examiner, commercial license examiner, or Driver License Division hearing examiner who is
2706 injured in the course of employment shall be given a leave of absence with full pay during the
2707 period the employee is temporarily disabled.
2708 (b) This compensation is in lieu of all other compensation provided by law except
2709 hospital and medical services that are provided by law.
2710 (3) Each law enforcement officer or state correctional officer who is 100% disabled
2711 through a criminal act upon his person while in the lawful discharge of his duties, shall be
2712 given a leave of absence with full compensation until he retires or reaches the retirement age
2713 of 62 years.
2714 Section 33. Section 72-2-117.5 is amended to read:
2715 72-2-117.5. Local Transportation Corridor Preservation Fund -- Distribution.
2716 (1) As used in this section:
2717 (a) "Council of governments" means a decision-making body in each county

2718 composed of the county governing body and the mayors of each municipality in the county.
2719 (b) "Metropolitan planning organization" has the same meaning as defined in Section
2720 72-1-208.5 .
2721 (2) There is created the Local Transportation Corridor Preservation Fund within the
2722 Transportation Fund.
2723 (3) The fund shall be funded from the following sources:
2724 (a) a local option highway construction and transportation corridor preservation fee
2725 imposed under Section 41-1a-1222 ;
2726 (b) appropriations made to the fund by the Legislature;
2727 (c) contributions from other public and private sources for deposit into the fund;
2728 (d) interest earnings on cash balances;
2729 (e) all monies collected from rents and sales of real property acquired with fund
2730 monies;
2731 (f) proceeds from general obligation bonds, revenue bonds, or other obligations issued
2732 as authorized by Title 63B, Bonds;
2733 (g) the portion of the sales and use tax described in Subsection 59-12-1703 (4)(a)(ii)
2734 and required by Subsection 59-12-1703 (7)(b)(i) to be deposited into the fund; and
2735 (h) sales and use tax revenues required by Section 59-12-1903 to be deposited into the
2736 fund.
2737 (4) (a) All monies appropriated to the Local Transportation Corridor Preservation
2738 Fund are nonlapsing.
2739 (b) The State Tax Commission shall provide the department with sufficient data for
2740 the department to allocate the revenues:
2741 (i) provided under Subsection (3)(a) to each county imposing a local option highway
2742 construction and transportation corridor preservation fee under Section 41-1a-1222 ;
2743 (ii) provided under Subsection 59-12-1703 (4)(a)(ii) to each county imposing a county
2744 option sales and use tax for transportation; and
2745 (iii) provided under Subsection (3)(h) to each county of the second class imposing the

2746 sales and use tax authorized by Section 59-12-1903 .
2747 (c) The monies allocated under Subsection (4)(b):
2748 (i) shall be used for the purposes provided in this section for each county; and
2749 (ii) are allocated to each county as provided in this section:
2750 (A) with the condition that the state will not be charged for any asset purchased with
2751 the monies allocated under Subsection (4)(b); and
2752 (B) are considered a local matching contribution for the purposes described under
2753 Section 72-2-123 if used on a state highway.
2754 (d) Administrative costs of the department to implement this section shall be paid
2755 from the fund.
2756 (5) (a) The department shall authorize the expenditure of fund monies to allow a
2757 highway authority to acquire real property or any interests in real property for state, county,
2758 and municipal highway corridors subject to:
2759 (i) monies available in the fund to each county under Subsection (4)(b); and
2760 (ii) the provisions of this section.
2761 (b) Fund monies may be used to pay interest on debts incurred in accordance with this
2762 section.
2763 (c) (i) (A) Fund monies may be used to pay maintenance costs of properties acquired
2764 under this section but limited to a total of 5% of the purchase price of the property.
2765 (B) Any additional maintenance cost shall be paid from funds other than under this
2766 section.
2767 (C) Revenue generated by any property acquired under this section is excluded from
2768 the limitations under this Subsection (5)(c)(i).
2769 (ii) Fund monies may be used to pay direct costs of acquisition of properties acquired
2770 under this section.
2771 (d) Fund monies allocated under Subsection (4)(b) may be used by a county highway
2772 authority for countywide transportation planning if:
2773 (i) the county is not included in a metropolitan planning organization;

2774 (ii) the transportation planning is part of the county's continuing, cooperative, and
2775 comprehensive process for transportation planning, corridor preservation, right-of-way
2776 acquisition, and project programming;
2777 (iii) no more than four years allocation every 20 years to each county is used for
2778 transportation planning under this Subsection (5)(d); and
2779 (iv) the county otherwise qualifies to use the fund monies as provided under this
2780 section.
2781 (e) (i) Fund monies allocated under Subsection (4)(b) may be used by a county
2782 highway authority for transportation corridor planning that is part of the corridor elements of
2783 an ongoing work program of transportation projects.
2784 (ii) The transportation corridor planning under Subsection (5)(e)(i) shall be under the
2785 direction of:
2786 (A) the metropolitan planning organization if the county is within the boundaries of a
2787 metropolitan planning organization; or
2788 (B) the department if the county is not within the boundaries of a metropolitan
2789 planning organization.
2790 (6) (a) (i) The Local Transportation Corridor Preservation Fund shall be used to
2791 preserve highway corridors, promote long-term statewide transportation planning, save on
2792 acquisition costs, and promote the best interests of the state in a manner which minimizes
2793 impact on prime agricultural land.
2794 (ii) The Local Transportation Corridor Preservation Fund shall only be used to
2795 preserve a highway corridor that is right-of-way:
2796 (A) in a county of the first or second class for a:
2797 (I) state highway;
2798 (II) a principal arterial highway as defined in Section 72-4-102.5 ;
2799 (III) a minor arterial highway as defined in Section 72-4-102.5 ; or
2800 (IV) a collector highway in an urban area as defined in Section 72-4-102.5 ; or
2801 (B) in a county of the third, fourth, fifth, or sixth class for a:

2802 (I) state highway;
2803 (II) a principal arterial highway as defined in Section 72-4-102.5 ;
2804 (III) a minor arterial highway as defined in Section 72-4-102.5 ;
2805 (IV) a major collector highway as defined in Section 72-4-102.5 ; or
2806 (V) a minor collector road as defined in Section 72-4-102.5 .
2807 (iii) The Local Transportation Corridor Preservation Fund may not be used for a
2808 highway corridor that is primarily a recreational trail as defined under Section [ 63-11a-101 ]
2809 79-5-102 .
2810 (b) (i) The department shall develop and implement a program to educate highway
2811 authorities on the objectives, application process, use, and responsibilities of the Local
2812 Transportation Corridor Preservation Fund as provided under this section to promote the most
2813 efficient and effective use of fund monies including priority use on designated high priority
2814 corridor preservation projects.
2815 (ii) The department shall develop a model transportation corridor property acquisition
2816 policy or ordinance that meets federal requirements for the benefit of a highway authority to
2817 acquire real property or any interests in real property under this section.
2818 (c) The department shall authorize the expenditure of fund monies after determining
2819 that the expenditure is being made in accordance with this section from applications that are:
2820 (i) made by a highway authority;
2821 (ii) endorsed by the council of governments; and
2822 (iii) for a right-of-way purchase for a highway authorized under Subsection (6)(a)(ii).
2823 (7) (a) (i) A council of governments shall establish a council of governments
2824 endorsement process which includes prioritization and application procedures for use of the
2825 monies allocated to each county under this section.
2826 (ii) The endorsement process under Subsection (7)(a)(i) may include review or
2827 endorsement of the preservation project by the:
2828 (A) metropolitan planning organization if the county is within the boundaries of a
2829 metropolitan planning organization; or

2830 (B) the department if the county is not within the boundaries of a metropolitan
2831 planning organization.
2832 (b) All fund monies shall be prioritized by each highway authority and council of
2833 governments based on considerations, including:
2834 (i) areas with rapidly expanding population;
2835 (ii) the willingness of local governments to complete studies and impact statements
2836 that meet department standards;
2837 (iii) the preservation of corridors by the use of local planning and zoning processes;
2838 (iv) the availability of other public and private matching funds for a project;
2839 (v) the cost-effectiveness of the preservation projects;
2840 (vi) long and short-term maintenance costs for property acquired; and
2841 (vii) whether the transportation corridor is included as part of:
2842 (A) the county and municipal master plan; and
2843 (B) (I) the statewide long range plan; or
2844 (II) the regional transportation plan of the area metropolitan planning organization if
2845 one exists for the area.
2846 (c) The council of governments shall:
2847 (i) establish a priority list of highway corridor preservation projects within the county;
2848 (ii) submit the list described in Subsection (7)(c)(i) to the county's legislative body for
2849 approval; and
2850 (iii) obtain approval of the list described in Subsection (7)(c)(i) from a majority of the
2851 members of the county legislative body.
2852 (d) A county's council of governments may only submit one priority list described in
2853 Subsection (7)(c)(i) per calendar year.
2854 (e) A county legislative body may only consider and approve one priority list
2855 described in Subsection (7)(c)(i) per calendar year.
2856 (8) (a) Unless otherwise provided by written agreement with another highway
2857 authority, the highway authority that holds the deed to the property is responsible for

2858 maintenance of the property.
2859 (b) The transfer of ownership for property acquired under this section from one
2860 highway authority to another shall include a recorded deed for the property and a written
2861 agreement between the highway authorities.
2862 (9) (a) The proceeds from any bonds or other obligations secured by revenues of the
2863 Local Transportation Corridor Preservation Fund shall be used for the purposes authorized for
2864 funds under this section.
2865 (b) The highway authority shall pledge the necessary part of the revenues of the Local
2866 Transportation Corridor Preservation Fund to the payment of principal and interest on the
2867 bonds or other obligations.
2868 (10) (a) A highway authority may not apply for monies under this section to purchase
2869 a right-of-way for a state highway unless the highway authority has:
2870 (i) a transportation corridor property acquisition policy or ordinance in effect that
2871 meets federal requirements for the acquisition of real property or any interests in real property
2872 under this section; and
2873 (ii) an access management policy or ordinance in effect that meets the requirements
2874 under Subsection 72-2-117 (9).
2875 (b) The provisions of Subsection (10)(a)(i) do not apply if the highway authority has a
2876 written agreement with the department for the acquisition of real property or any interests in
2877 real property under this section.
2878 Section 34. Section 72-5-203 is amended to read:
2879 72-5-203. Public easement or right of entry -- Grant -- Application -- Conditions.
2880 (1) (a) (i) Subject to Section 53C-1-302 and Subsection 53C-1-204 (1), a temporary
2881 public easement or right of entry is granted for each highway existing prior to January 1, 1992,
2882 that terminates at or within or traverses any state lands and that has been constructed and
2883 maintained or used by a responsible authority.
2884 (ii) The temporary public easement or right of entry granted under Subsection (1)(a)(i)
2885 is 100 feet wide for each class A and B highway.

2886 (b) Each easement shall remain in effect through June 30, 2004, or until a permanent
2887 easement or right of entry has been established under Subsection (2), whichever is greater.
2888 (2) (a) The School and Institutional Trust Lands Administration and the Division of
2889 Forestry, Fire, and State Lands shall make rules in accordance with Title 63G, Chapter 3, Utah
2890 Administrative Rulemaking Act, establishing an application process for a responsible
2891 authority to obtain a permanent easement or right of entry over any temporary public easement
2892 granted under Subsection (1), subject to the provisions of Subsections (2)(b), (c), and (d).
2893 (b) A grant of a permanent easement or right of entry across sovereign lands shall be
2894 made upon a showing to the Division of Forestry, Fire, and State Lands that continued use of
2895 the easement will provide a public benefit commensurate with the value of the permanent
2896 easement or right of entry.
2897 (c) A grant of a permanent easement or right of entry across trust lands shall be made
2898 upon a showing to the School and Institutional Trust Lands Administration that the grant is
2899 consistent with the state's fiduciary responsibilities under Section 53C-1-302 and Subsection
2900 53C-1-204 (1).
2901 (d) A grant of a permanent easement or right of entry across state lands other than
2902 sovereign and trust lands shall be made upon a showing to the managing unit of state
2903 government that the continued use will provide a public benefit commensurate with the value
2904 of the easement and will not unreasonably interfere with the purposes for which the land was
2905 obtained or is now held.
2906 (3) The grant of the temporary public easement or right of entry under Subsection (1)
2907 is consistent with the trust responsibilities of the state and in the best interest of the state.
2908 (4) A responsible authority that has been granted a permanent easement or right of
2909 entry over state lands may maintain the permanent easement or right of entry for the uses to
2910 which the permanent easement or right of entry was put prior to and including January 1,
2911 1992, subject to the right of the managing unit of state government or private party to relocate
2912 the permanent easement or right of entry.
2913 (5) The grant of a permanent easement or right of entry under this section is effective

2914 on the date the highway was originally constructed or established for public use.
2915 Section 35. Section 72-11-204 is amended to read:
2916 72-11-204. Vacancies -- Expenses -- Reimbursement -- Use of facilities of
2917 Department of Transportation -- Functions, powers, duties, rights, and responsibilities.
2918 (1) When a vacancy occurs in the membership for any reason, the replacement shall be
2919 appointed for the unexpired term.
2920 (2) (a) (i) Members who are not government employees may not receive any
2921 compensation or benefits for their services, but may receive per diem and expenses incurred in
2922 the performance of the member's official duties at the rates established by the Division of
2923 Finance under Sections 63A-3-106 and 63A-3-107 .
2924 (ii) Members may decline to receive per diem and expenses for their service.
2925 (b) (i) State government officer and employee members who do not receive salary, per
2926 diem, or expenses from their agency for their service may receive per diem and expenses
2927 incurred in the performance of their official duties from the committee at the rates established
2928 by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
2929 (ii) State government officer and employee members may decline to receive per diem
2930 and expenses for their service.
2931 (3) Reimbursement shall be made from fees collected by the committee for services
2932 rendered by it.
2933 (4) The Department of Transportation shall supply the committee with office
2934 accommodation, space, equipment, and secretarial assistance the executive director considers
2935 adequate for the committee.
2936 (5) In addition to the functions, powers, duties, rights, and responsibilities granted to it
2937 under this chapter, the committee shall assume and have all of the functions, powers, duties,
2938 rights, and responsibilities of the Board of Parks and Recreation created in Section [ 63-11-12 ]
2939 79-4-301 in relation to passenger ropeway systems pursuant to that chapter.
2940 Section 36. Section 73-3-30 is amended to read:
2941 73-3-30. Change application for an instream flow.

2942 (1) As used in this section:
2943 (a) "Division" means the Division of Wildlife Resources, created in Section 23-14-1 ,
2944 or the Division of Parks and Recreation, created in Section [ 63-11-17.1 ] 79-4-201 .
2945 (b) "Fishing group" means an organization that:
2946 (i) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2947 (ii) promotes fishing opportunities in the state.
2948 (c) "Fixed time change" means a change in a water right's point of diversion, place of
2949 use, or purpose of use for a fixed period of time longer than one year but not longer than ten
2950 years.
2951 (2) (a) A division may file a permanent or temporary change application, as provided
2952 by Section 73-3-3 , for the purpose of providing water for an instream flow, within a specified
2953 section of a natural or altered stream channel, necessary within the state for:
2954 (i) the propagation of fish;
2955 (ii) public recreation; or
2956 (iii) the reasonable preservation or enhancement of the natural stream environment.
2957 (b) A division may file a change application on:
2958 (i) a perfected water right:
2959 (A) presently owned by the division;
2960 (B) purchased by the division for the purpose of providing water for an instream flow,
2961 through funding provided for that purpose by legislative appropriation; or
2962 (C) acquired by lease, agreement, gift, exchange, or contribution; or
2963 (ii) an appurtenant water right acquired with the acquisition of real property by the
2964 division.
2965 (c) A division may:
2966 (i) purchase a water right for the purposes provided in Subsection (2)(a) only with
2967 funds specifically appropriated by the Legislature for water rights purchases; or
2968 (ii) accept a donated water right without legislative approval.
2969 (d) A division may not acquire water rights by eminent domain for an instream flow or

2970 for any other purpose.
2971 (3) (a) A fishing group may file a fixed time change application on a perfected,
2972 consumptive water right for the purpose of providing water for an instream flow, within a
2973 specified section of a natural or altered stream channel, to protect or restore habitat for three
2974 native trout:
2975 (i) the Bonneville cutthroat;
2976 (ii) the Colorado River cutthroat; or
2977 (iii) the Yellowstone cutthroat.
2978 (b) Before filing an application authorized by Subsection (3)(a) to change a
2979 shareholder's proportionate share of water, the water company shall submit the decision to
2980 approve or deny the change request required by Subsection 73-3-3.5 (3) to a vote of the
2981 shareholders:
2982 (i) in a manner outlined in the water company's articles of incorporation or bylaws;
2983 (ii) at an annual or regular meeting described in Section 16-6a-701 ; or
2984 (iii) at a special meeting convened under Section 16-6a-702 .
2985 (c) The specified section of the natural or altered stream channel for the instream flow
2986 may not be further upstream than the water right's original point of diversion nor extend
2987 further downstream than the next physical point of diversion made by another person.
2988 (d) (i) The fishing group shall receive the Division of Wildlife Resources' director's
2989 approval of the proposed change before filing the fixed time change application with the state
2990 engineer.
2991 (ii) The director may approve the proposed change if:
2992 (A) the specified section of the stream channel is historic or current habitat for a
2993 specie listed in Subsections (3)(a)(i) through (iii);
2994 (B) the proposed purpose of use is consistent with an existing state management or
2995 recovery plan for that specie; and
2996 (C) the water right owner has received a certificate of inclusion from a person who
2997 has:

2998 (I) entered into a programmatic Candidate Conservation Agreement with Assurances
2999 with the United States Fish and Wildlife Service, as authorized by 16 U.S.C. Sec. 1531(a)(5)
3000 and 1536(a)(1); and
3001 (II) obtained an enhancement of survival permit, as authorized by 16 U.S.C. Sec.
3002 1539(a)(1)(A).
3003 (iii) The director may disapprove the proposed change if the proposed change would
3004 not be in the public's interest.
3005 (e) (i) In considering a fixed time change application, the state engineer shall follow
3006 the same procedures as provided in this title for an application to appropriate water.
3007 (ii) The rights and the duties of a fixed time change applicant are the same as provided
3008 in this title for an applicant to appropriate water.
3009 (f) A fishing group may refile a fixed time change application by filing a written
3010 request with the state engineer no later than 60 days before the application expires.
3011 (g) (i) The water right for which the state engineer has approved a fixed time change
3012 application will automatically revert to the point of diversion and place and purpose of use that
3013 existed before the approved fixed time change application when the fixed time change
3014 application expires or is terminated.
3015 (ii) The applicant shall give written notice to the state engineer and the lessor, if
3016 applicable, if the applicant wishes to terminate a fixed time change application before the
3017 fixed time change application expires.
3018 (4) In addition to the requirements of Subsection 73-3-3 (4)(b), an application
3019 authorized by this section shall:
3020 (a) set forth the legal description of the points on the stream channel between which
3021 the instream flow will be provided by the change application; and
3022 (b) include appropriate studies, reports, or other information required by the state
3023 engineer demonstrating the necessity for the instream flow in the specified section of the
3024 stream and the projected benefits to the public resulting from the change.
3025 (5) (a) For a permanent change application or a fixed time change application filed

3026 according to this section, 60 days before the date on which proof of change for an instream
3027 flow is due, the state engineer shall notify the applicant by mail or by any form of
3028 communication through which receipt is verifiable of the date when proof of change is due.
3029 (b) Before the date when proof of change is due, the applicant must either:
3030 (i) file a verified statement with the state engineer that the instream flow uses have
3031 been perfected, setting forth:
3032 (A) the legal description of the points on the stream channel between which the
3033 instream flow is provided;
3034 (B) detailed measurements of the flow of water in second-feet changed;
3035 (C) the period of use; and
3036 (D) any additional information required by the state engineer; or
3037 (ii) apply for a further extension of time as provided for in Section 73-3-12 .
3038 (c) (i) Upon acceptance of the verified statement required under Subsection (5)(b)(i),
3039 the state engineer shall issue a certificate of change for instream flow use in accordance with
3040 Section 73-3-17 .
3041 (ii) The certificate expires at the same time the fixed time change application expires.
3042 (6) No person may appropriate unappropriated water under Section 73-3-2 for the
3043 purpose of providing an instream flow.
3044 (7) Water used in accordance with this section is considered to be beneficially used, as
3045 required by Section 73-3-1 .
3046 (8) A physical structure or physical diversion from the stream is not required to
3047 implement a change for instream flow use.
3048 (9) This section does not allow enlargement of the water right that the applicant seeks
3049 to change.
3050 (10) A change application authorized by this section may not impair a vested water
3051 right, including a water right used to generate hydroelectric power.
3052 (11) The state engineer or the water commissioner shall distribute water under an
3053 approved or a certificated instream flow change application according to the change

3054 application's priority date relative to the other water rights located within the stream section
3055 specified in the change application for instream flow.
3056