1     
CONSERVATION COMMISSION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David P. Hinkins

5     
House Sponsor: Logan Wilde

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the conservation commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses purposes to obtain and administer federal or state money;
13          ▸     expands purposes for the commission making loans;
14          ▸     addresses the issuance of grants including specifying sources and purposes of the
15     grants;
16          ▸     expands powers of advisory boards; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          4-18-105, as last amended by Laws of Utah 2018, Chapter 115
25          4-18-106, as last amended by Laws of Utah 2018, Chapter 115
26          4-18-108, as last amended by Laws of Utah 2017, Chapter 345
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 4-18-105 is amended to read:
30          4-18-105. Conservation Commission -- Functions and duties.
31          (1) The commission shall:
32          (a) facilitate the development and implementation of the strategies and programs
33     necessary to:
34          (i) protect, conserve, [utilize] use, and develop the soil, water, and air resources of the
35     state; and
36          (ii) promote the protection, integrity, and restoration of land for agricultural and other
37     beneficial purposes;
38          (b) disseminate information regarding districts' activities and programs;
39          (c) supervise the formation, reorganization, or dissolution of districts according to the
40     requirements of Title 17D, Chapter 3, Conservation District Act;
41          (d) prescribe uniform accounting and recordkeeping procedures for districts and
42     require each district to submit annually the information required in Section 17D-3-103;
43          (e) approve and make loans for agricultural purposes, through the loan advisory
44     subcommittee described in Section 4-18-106, from the Agriculture Resource Development
45     Fund;
46          (f) seek to obtain and administer federal or state [funds] money in accordance with
47     applicable federal or state guidelines and make loans or grants from [those funds] that money
48     to an eligible entity, as defined by the department by rule made in accordance with Title 63G,
49     Chapter 3, Utah Administrative Rulemaking Act, for the preservation of soil, water, and air
50     resources, or for a reason set forth in Section 4-18-108;
51          (g) seek to coordinate soil and water protection, conservation, and development
52     activities and programs of state agencies, local governmental units, other states, special interest
53     groups, and federal agencies; and
54          (h) when assigned by the governor, when required by contract with the Department of
55     Environmental Quality, or when required by contract with the United States Environmental
56     Protection Agency:
57          (i) develop programs for the prevention, control, or abatement of new or existing
58     pollution to the soil, water, or air of the state;
59          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
60     chapter;
61          (iii) conduct studies, investigations, research, and demonstrations relating to
62     agricultural pollution issues;
63          (iv) give reasonable consideration in the exercise of its powers and duties to the
64     economic impact on sustainable agriculture;
65          (v) meet the requirements of federal law related to water and air pollution in the
66     exercise of the commission's powers and duties; and
67          (vi) establish administrative penalties relating to agricultural discharges as defined in
68     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
69          (2) The commission may:
70          (a) employ, with the approval of the department, an administrator and necessary
71     technical experts and employees;
72          (b) execute contracts or other instruments necessary to exercise [its] the commission's
73     powers;
74          (c) take necessary action to promote and enforce the purpose and findings of Section
75     4-18-102;
76          (d) sue and be sued; and
77          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
78     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
79     Subsections (2)(b) and (c).
80          Section 2. Section 4-18-106 is amended to read:
81          4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
82     money -- Authority board.
83          (1) There is created a revolving loan fund known as the Agriculture Resource
84     Development Fund.
85          (2) The Agriculture Resource Development Fund shall consist of:
86          (a) money appropriated to it by the Legislature;
87          (b) sales and use tax receipts transferred to the fund in accordance with Section
88     59-12-103;
89          (c) money received for the repayment of loans made from the fund;
90          (d) money made available to the state for agriculture resource development from any
91     source; and
92          (e) interest earned on the fund.
93          (3) The commission shall make loans from the Agriculture Resource Development
94     Fund for a:
95          (a) rangeland improvement and management project;
96          (b) watershed protection or flood prevention project;
97          (c) soil and water conservation project;
98          (d) program designed to promote energy efficient farming practices;
99          (e) improvement program for agriculture product storage or program designed to
100     protect a crop or animal resource; [or]
101          (f) hydroponic or aquaponic system[.]; or
102          (g) project or program to improve water quality or address other environmental issues.
103          (4) The commission may appoint an advisory board that shall:
104          (a) oversee the award process for loans, as described in this section;
105          (b) approve loans; and
106          (c) recommend policies and procedures for the Agriculture Resource Development
107     Fund that are consistent with statute.
108          [(5) The commission may make a grant from the Agriculture Resource Development
109     Fund to an eligible entity, as defined by the department by rule made in accordance with Title
110     63G, Chapter 3, Utah Administrative Rulemaking Act, that has the legal right to occupy land
111     for:]
112          [(a) the development or implementation of a coordinated resource management plan
113     with a conservation district, as defined in Section 17D-3-102; and]
114          [(b) control or eradication of noxious weeds and invasive plant species in cooperation
115     and coordination with a local weed board.]
116          Section 3. Section 4-18-108 is amended to read:
117          4-18-108. Grants for environmental improvement projects -- Criteria for award
118     -- Duties of commission.
119          [(1) (a) Subject to appropriation, the commission, as described in Subsection (4), may
120     make a grant to an owner or operator of a farm or ranch to pay for the costs of plans or projects
121     to improve manure management, control surface water runoff, or address other environmental
122     issues on the farm or ranch operation, including the costs of preparing or implementing a
123     nutrient management plan.]
124          [(b) The commission shall make a grant described in Subsection (1)(a) from funds
125     appropriated by the Legislature for that purpose.]
126          (1) The commission may make a grant from the Agriculture Resource Development
127     Fund to an eligible entity, as defined by the department by rule made in accordance with Title
128     63G, Chapter 3, Utah Administrative Rulemaking Act, for:
129          (a) a purpose set forth under Subsection 4-18-106(3);
130          (b) the development or implementation of a coordinated resource management plan
131     with a conservation district, as defined in Section 17D-3-102;
132          (c) control or eradication of noxious weeds and invasive plant species in cooperation
133     and coordination with a local weed board;
134          (d) the costs of plans or projects to improve manure management, control surface water
135     runoff, or address other environmental issues on the farm or ranch operation, including the
136     costs of preparing or implementing a nutrient management plan; or
137          (e) the improvement of water quality or to address other environmental issues.
138          (2) The commission may make a grant for a purpose described in Subsection (1) from
139     money appropriated by the Legislature for the purpose of awarding a grant under this section.
140          [(2)] (3) (a) In awarding a grant, the commission shall consider the following criteria:
141          (i) the ability of the grantee to pay for the costs of proposed plans or projects [to
142     improve manure management or control surface water runoff];
143          (ii) the availability of:
144          (A) matching funds provided by the grantee or another source; or
145          (B) material, labor, or other items of value provided in lieu of money by the grantee or
146     another source; and
147          (iii) the benefits that accrue to the general public by the awarding of a grant.
148          (b) The commission may establish by rule additional criteria for the awarding of a
149     grant.
150          [(3)] (4) The commission shall make rules in accordance with Title 63G, Chapter 3,
151     Utah Administrative Rulemaking Act, to implement this section.
152          [(4)] (5) The commission[: (a) shall be responsible for awarding a grant or loan for
153     water quality or other environmental issues; and (b)] may appoint an advisory board to:
154          [(i)] (a) assist with the [award] grant process; [and]
155          [(ii)] (b) make recommendations to the commission regarding [awards.] grants; and
156          (c) establish policies and procedures for awarding grants from the Agricultural
157     Resource Development Fund.