reglab/statecodes huggingface dataset:
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 7 - this Is the Place Monument › Section 704 - Use of waters from Wagner Spring.

79-4-704.
Use of waters from Wagner Spring.
The division may use the waters from the Wagner Spring located on the park for any purposes connected with the upkeep and maintenance of the park, including the monument.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 7 - this Is the Place Monument › Section 705 - Agreement with public utility companies as to easements or rights-of-way across park.

79-4-705.
Agreement with public utility companies as to easements or rights-of-way across park.
The division may enter into agreements with public utility companies for the granting and maintenance of easements or rights-of-way across the park.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 8 - Riverway Enhancement › Section 801 - Provo-Jordan River Parkway Authority transferred to Division of Parks and Recreation.

79-4-801.
Provo-Jordan River Parkway Authority transferred to Division of Parks and Recreation.
All properties, rights, interests, powers, functions, duties, and obligations of the Provo-Jordan River Parkway Authority are transferred to the division.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 8 - Riverway Enhancement › Section 802 - Riverway enhancement grants -- Matching funds requirements -- Rules.

79-4-802.
Riverway enhancement grants -- Matching funds requirements -- Rules.
(1)
(a) The division may give grants to local governments and state agencies for riverway enhancement projects with funds appropriated by the Legislature for that purpose.
(b) Each grant recipient must provide matching funds having a value that is equal to or greater than the grant funds received.
(c) The board may allow a grant recipient to provide property, material, or labor in lieu of money, provided the grant recipient's contribution has a value that is equal to or greater than the grant funds received.
(2) The board shall:
(a) make rules setting forth procedures and criteria for the awarding of grants for riverway enhancement projects; and
(b) determine to whom grant funds shall be awarded after considering the recommendations of and after consulting with the division.
(3) Rules for the awarding of grants for riverway enhancement projects shall provide that:
(a) each riverway enhancement project for which grant funds are awarded must be along a river or stream that is impacted by high density populations or prone to flooding; and
(b) riverway enhancement proposals that include a plan to provide employment opportunities for youth, including at-risk youth as defined in Section 79-5-501, in the development of the riverway enhancement project is encouraged.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 9 - Pioneer Heritage › Section 901 - Pioneer heritage of Utah -- Acquisitions and operations by division.

79-4-901.
Pioneer heritage of Utah -- Acquisitions and operations by division.
(1) The division may acquire, construct, maintain, and operate any land areas, objects, or structures as necessary to preserve, protect, display, and enhance any gifts and other historical objects or collections donated, loaned, or otherwise acquired that appropriately contribute to the pioneer heritage of Utah.
(2) To accomplish Subsection (1), the division may directly or through others, by purchase, contract, lease, permit, donation, or otherwise, secure all real or personal property, rights-of-way, approach roads, parking and other areas, structures, facilities, and services that the division and board may consider necessary or desirable to contribute to the pioneer heritage of Utah.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 10 - Miscellaneous › Section 1001 - Purchase, trade, sale, or disposal of buffalo -- Proceeds.

79-4-1001.
Purchase, trade, sale, or disposal of buffalo -- Proceeds.
(1) In accordance with a plan, approved by the board, to manage buffalo herds on Antelope Island, the division may purchase, trade, sell, or dispose of buffalo obtained from Antelope Island through:
(a) competitive bidding; or
(b) a means as established by rule.
(2) Proceeds received from the sale or disposal of buffalo under this section shall be deposited as follows:
(a) the first $75,000 shall accrue to the division for the management of Antelope Island buffalo herds as dedicated credits; and
(b) proceeds in excess of $75,000 shall be deposited in the State Park Fees Restricted Account created under Section 79-4-402.
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 11 - Contingency Planning for Management of Federal Land › Section 1102 - Contingency plan for federal property.

Effective 5/13/2014
79-4-1102.
Contingency plan for federal property.
(1) As used in this part, "fiscal emergency" means a major disruption in the operation of one or more national parks, national monuments, national forests, or national recreation areas in the state caused by the unforseen or sudden significant decrease or elimination of funding from the federal government.
(2) During a fiscal emergency, and subject to congressional approval, the governor's agreement with the United States Department of the Interior, or a presidential executive order, the governor is authorized to enter into an agreement with the federal government to ensure that one or more national parks, national monuments, national forests, or national recreation areas in the state, according to the priority set under Section 79-4-1103, remain open to the public.
Enacted by Chapter 313, 2014 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 11 - Contingency Planning for Management of Federal Land › Section 1103 - Governor's duties -- Priority of federal property.

Effective 7/1/2022
79-4-1103.
Governor's duties -- Priority of federal property.
(1) During a fiscal emergency, the governor shall:
(a) if financially practicable, work with the federal government to open and maintain the operation of one or more national parks, national monuments, national forests, and national recreation areas in the state, in the order established under this section; and
(b) report to the speaker of the House and the president of the Senate on the need, if any, for additional appropriations to assist the division in opening and operating one or more national parks, national monuments, national forests, and national recreation areas in the state.
(2) The director of the Division of Outdoor Recreation, in consultation with the executive director of the Governor's Office of Economic Opportunity, shall determine, by rule, the priority of national parks, national monuments, national forests, and national recreation areas in the state.
(3) In determining the priority described in Subsection (2), the director of the Division of Outdoor Recreation shall consider the:
(a) economic impact of the national park, national monument, national forest, or national recreation area in the state; and
(b) recreational value offered by the national park, national monument, national forest, or national recreation area.
(4) The director of the Division of Outdoor Recreation shall annually review the priority set under Subsection (2) to determine whether the priority list should be amended.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 12 - State Monuments Act › Section 1202 - Definitions.

Effective 5/4/2022
79-4-1202.
Definitions.
As used in this part:
(1) "Application" means a written application that an individual, non-profit corporation, government agency, county council or commission, tribal entity, historical society, preservation organization, or other interested group may submit to the division to nominate a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archaeological resource for designation as a state monument.
(2) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing Committee.
(3) "State monument" means public land:
(a) owned or managed by the state;
(b) designated by the state for preservation of a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archeological resource; and
(c) confined to the smallest area compatible with proper care and management of the historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archeological resource to be protected.
Amended by Chapter 26, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 12 - State Monuments Act › Section 1208 - Management.

Effective 5/4/2022
79-4-1208.
Management.
(1)
(a) Subject to Subsection (2), the division is responsible for the management of a state monument.
(b) The division may contract with another organization, agency, or entity for management services related to the management of a state monument.
(2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective as described in Section 63L-8-602, the government entity responsible for management of the public lands is responsible for the management of a state monument.
Amended by Chapter 26, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2022
79-5-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206.
(2) "Division" means the Division of Outdoor Recreation.
(3) "Recreational trail" or "trail" means a multi-use path used for:
(a) muscle-powered activities, including:
(i) bicycling;
(ii) cross-country skiing;
(iii) walking;
(iv) jogging; and
(v) horseback riding; and
(b) uses compatible with the uses described in Subsection (3)(a), including the use of an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 1 - General Provisions › Section 103 - Division to plan and develop recreational trails in cooperation with public and private entities -- Priorities.

79-5-103.
Division to plan and develop recreational trails in cooperation with public and private entities -- Priorities.
(1) The division shall plan and develop a recreational trail system throughout the state that:
(a) provides for outdoor recreation needs; and
(b) facilitates access to, travel within, and enjoyment and admiration of the outdoors.
(2) To assure that an integrated trails network is achieved, the division shall coordinate the planning and development of trails with:
(a) federal land management agencies;
(b) local governments;
(c) private landowners; and
(d) state agencies.
(3) The division shall give priority to establishing trails that:
(a) cross public lands;
(b) are in proximity or accessible to urban areas;
(c) implement rail-to-trail conversions pursuant to the National Trails System Act, 16 U.S.C. Sec. 1241 et seq.;
(d) provide linkage to existing trails; and
(e) provide linkage or access to natural, scenic, historic, or recreational areas of statewide significance.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 3 - Trail Development › Section 301 - Guidelines for the establishment of trails.

79-5-301.
Guidelines for the establishment of trails.
In establishing trails, the division shall:
(1) develop and manage the trails to harmonize with and complement any existing or planned land uses;
(2) locate and design trails according to an overall plan that provides for:
(a) interconnecting routes, where feasible; and
(b) consideration of safety; and
(3) select trails to minimize adverse effects on:
(a) an adjacent landowner or user and the landowner's or user's property or operations;
(b) wildlife; and
(c) the natural environment.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 3 - Trail Development › Section 302 - Recreational trail categories.

79-5-302.
Recreational trail categories.
The division may plan and develop the following categories of recreational trails as part of the state trails system:
(1) cross-state trails that connect scenic, natural, historic, geologic, geographic, or other significant features;
(2) water-oriented trails that provide a path to or along lakes, streams, or reservoirs;
(3) scenic-access trails that give access to recreation, scenic, natural, historic, or cultural areas;
(4) urban trails that connect parks, scenic and natural areas, historical sites, and neighboring communities within a county of the first or second class; and
(5) interpretive trails that identify:
(a) historic routes; and
(b) significant natural features.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 3 - Trail Development › Section 303 - Establishment of uniform signs and markers.

79-5-303.
Establishment of uniform signs and markers.
The division, in consultation with appropriate federal, state, and local government agencies and private organizations, shall establish uniform signs and markers for the system of recreational trails.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 3 - Trail Development › Section 304 - Public hearings required.

79-5-304.
Public hearings required.
(1) Prior to establishing any recreational trail under the jurisdiction and control of the division, the division shall conduct a public hearing in the area or areas of the state where the trail is proposed to be located.
(2) Information to be considered at the hearings shall include the following:
(a) the proposed route of the trail and the recommended modes of travel to be permitted on it;
(b) any plans to utilize areas adjacent to the trail for scenic, historic, natural, cultural, or developmental purposes;
(c) the characteristics that, in the judgment of the division, make the proposed trail suitable as a recreational trail;
(d) the current status of land ownership and the current and potential use of land along the designated route;
(e) the estimated cost of acquisition of lands or any interest in lands;
(f) the plans and estimated costs for developing and maintaining the trail;
(g) any plans for sharing the costs of developing, operating, and maintaining the trail among state, federal, and local governmental entities and private organizations;
(h) any anticipated problems of policing the trail; and
(i) any anticipated hazards to private lands adjacent to the trail.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 4 - Trail Operation and Maintenance › Section 401 - Cooperative agreements.

79-5-401.
Cooperative agreements.
The division may enter into cooperative agreements with federal, state, or local governmental entities, private landowners, or private corporations that specify the responsibilities of each entity for the development, operation, and maintenance of trails, including law enforcement along trails.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 5 - Trail Funding › Section 501 - Grants -- Matching funds requirements -- Rules.

Effective 7/1/2022
79-5-501.
Grants -- Matching funds requirements -- Rules.
(1)
(a) The division, after consultation with the committee, may give grants to federal government agencies, state agencies, or local governments for the planning, acquisition, and development of trails within the state's recreational trail system with funds appropriated by the Legislature for that purpose.
(b)
(i) Each grant recipient must provide matching funds as established by the division by rule.
(ii) The division may allow a grant recipient to provide property, material, or labor in lieu of money, provided the grant recipient's contribution has a value that is equal to or greater than the grant funds received.
(2) The division, after consultation with the committee, shall:
(a) make rules setting forth procedures and criteria for the awarding of grants for recreational trails; and
(b) determine to whom grant funds shall be awarded after considering the recommendations of and after consulting with the committee and the division.
(3) Rules for the awarding of grants for recreational trails shall provide that:
(a) each grant applicant must solicit public comment on the proposed recreational trail and submit a summary of that comment to the division;
(b) each trail project for which grant funds are awarded must conform to the criteria and guidelines specified in Sections 79-5-103, 79-5-301, and 79-5-302; and
(c) trail proposals that include a plan to provide employment opportunities for youth, including at-risk youth, in the development of the trail is encouraged.
(4) As used in this section, "at-risk youth" means youth who:
(a) are subject to environmental forces, such as poverty or family dysfunction, that may make them vulnerable to family, school, or community problems;
(b) perform poorly in school or have failed to complete high school;
(c) exhibit behaviors that have the potential to harm themselves or others in the community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
(d) have already engaged in behaviors harmful to themselves or others in the community.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 5 - Trail Funding › Section 502 - Donations.

79-5-502.
Donations.
The division may receive, from any person, donated funds, property, or services for specified or nonspecified uses associated with the planning, acquisition, development, and administration of recreational trails.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 5 - Recreational Trails › Part 5 - Trail Funding › Section 503 - Bonneville Shoreline Trail Program.

Effective 7/1/2022
79-5-503.
Bonneville Shoreline Trail Program.
(1) There is created within the division the Bonneville Shoreline Trail Program.
(2) The program shall be funded from the following sources:
(a) appropriations made to the program by the Legislature; and
(b) contributions from other public and private sources.
(3) Money appropriated to the Bonneville Shoreline Trail Program is nonlapsing.
(4) The Bonneville Shoreline Trail is intended to:
(a) follow on or near the old Lake Bonneville shoreline terrace near the foot of the Wasatch Mountains from Juab County through Cache County; and
(b) provide continuous and safe trails.
(5)
(a) The program money shall be used to provide grants to local governments for the planning, development, construction, and the acquisition of key parcels of land of the Bonneville Shoreline Trail.
(b) Grant recipients shall provide matching funds in accordance with Section 79-5-501.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2021
79-6-102.
Definitions.
As used in this chapter:
(1) "Appointing authority" means:
(a) on and before June 30, 2029, the governor; and
(b) on and after July 1, 2029, the executive director.
(2)
(a) On and before June 30, 2029, "energy advisor" means the governor's energy advisor appointed under Section 79-6-401.
(b) On and after July 1, 2029, "energy advisor" means the energy advisor appointed by the executive director under Section 79-6-401.
(3) "Office" means the Office of Energy Development created in Section 79-6-401.
(4) "State agency" means an executive branch:
(a) department;
(b) agency;
(c) board;
(d) commission;
(e) division; or
(f) state educational institution.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 2 - Energy Advisor › Section 201 - Advisor -- Duties.

Effective 7/1/2021
79-6-201.
Advisor -- Duties.
(1)
(a)
(i) On and before June 30, 2029, the governor shall appoint an energy advisor.
(ii) On and after July 1, 2029, the executive director shall appoint an energy advisor.
(b)
(i) The energy advisor appointed by the governor serves at the pleasure of the governor.
(ii) On and after July 1, 2029, the energy advisor serves at the pleasure of the executive director.
(2) The energy advisor shall:
(a) advise the appointing authority on energy-related matters;
(b) annually review and propose updates to the state's energy policy, as contained in Section 79-6-301;
(c) promote as the appointing authority considers necessary:
(i) the development of cost-effective energy resources both renewable and nonrenewable; and
(ii) educational programs, including programs supporting conservation and energy efficiency measures;
(d) coordinate across state agencies to assure consistency with state energy policy, including:
(i) working with the State Energy Program to promote access to federal assistance for energy-related projects for state agencies and members of the public;
(ii) working with the Division of Emergency Management to assist the governor in carrying out the governor's energy emergency powers under Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act;
(iii) participating in the annual review of the energy emergency plan and the maintenance of the energy emergency plan and a current list of contact persons required by Section 53-2a-902; and
(iv) identifying and proposing measures necessary to facilitate low-income consumers' access to energy services;
(e) coordinate with the Division of Emergency Management ongoing activities designed to test an energy emergency plan to ensure coordination and information sharing among state agencies and political subdivisions in the state, public utilities and other energy suppliers, and other relevant public sector persons as required by Sections 53-2a-902, 53-2a-1004, 53-2a-1008, and 53-2a-1010;
(f) coordinate with requisite state agencies to study:
(i) the creation of a centralized state repository for energy-related information;
(ii) methods for streamlining state review and approval processes for energy-related projects; and
(iii) the development of multistate energy transmission and transportation infrastructure;
(g) coordinate energy-related regulatory processes within the state;
(h) compile, and make available to the public, information about federal, state, and local approval requirements for energy-related projects;
(i) act as the state's advocate before federal and local authorities for energy-related infrastructure projects or coordinate with the appropriate state agency; and
(j) help promote the Division of Facilities Construction and Management's measures to improve energy efficiency in state buildings.
(3) The energy advisor has standing to testify on behalf of the governor at the Public Service Commission created in Section 54-1-1.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 2 - Energy Advisor › Section 202 - Agency cooperation.

Effective 7/1/2021
79-6-202.
Agency cooperation.
A state agency shall provide the energy advisor with any energy-related information requested by the energy advisor if the energy advisor's request is consistent with other law.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 2 - Energy Advisor › Section 203 - Reports.

Effective 7/1/2021
79-6-203.
Reports.
(1) The energy advisor shall report annually to:
(a) the appointing authority; and
(b) the Natural Resources, Agriculture, and Environment Interim Committee.
(2) The report required in Subsection (1) shall:
(a) summarize the status and development of the state's energy resources;
(b) summarize the activities and accomplishments of the Office of Energy Development;
(c) address the energy advisor's activities under this part; and
(d) recommend any energy-related executive or legislative action the energy advisor considers beneficial to the state, including updates to the state energy policy under Section 79-6-301.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 3 - State Energy Policy › Section 302 - Legislative committee review.

Effective 7/1/2022
79-6-302.
Legislative committee review.
The Public Utilities, Energy, and Technology Interim Committee shall review the state energy policy annually and propose any changes to the Legislature.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 4 - Office of Energy Development › Section 403 - Utah Energy Research Grant Program.

Effective 7/1/2023
79-6-403.
Utah Energy Research Grant Program.
(1)
(a) There is created within the office the Utah Energy Research Grant Program.
(b) The purpose of the program is to encourage energy-related research within the state by providing matching grants to applicants that have received federal or private grants for specific ongoing energy-related research projects.
(2)
(a) An applicant that submits a proposal for a grant to the office shall include details in the proposal regarding:
(i) the specific ongoing energy-related research project;
(ii) information about previously awarded federal and private grants for the specific ongoing energy-related research project, including:
(A) the amount of the previously awarded federal or private grant; and
(B) the requirements to qualify for the previously awarded federal or private grant; and
(iii) other information the office determines necessary to evaluate the proposal.
(b) When evaluating a proposal for a grant, the office shall consider:
(i) the grant amount requested, which may not exceed the amount of federal or private grants the applicant has been awarded;
(ii) the extent to which the proposal advances the goals of the state energy policy and strategic energy plan;
(iii) the extent to which any additional funding sources or existing or planned partnerships may benefit the proposal; and
(iv) the viability of the proposal.
(3) Subject to this Subsection (3), the office may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
(a) eligibility criteria for a grant;
(b) the form and process for submitting a proposal to the office for a grant;
(c) the process and criteria for determining the priority of applications received;
(d) the formula and method for determining a grant amount; and
(e) reporting requirements for a grant recipient.
(4) On or before October 31 of each year, the office shall provide a written report to the Public Utilities, Energy, and Technology Interim Committee regarding:
(a) the number of grants and grant amounts awarded under the program;
(b) data gathered under the program; and
(c) the impact of the program on encouraging energy-related research within the state.
Enacted by Chapter 196, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 5 - Alternative Energy Development Tax Credit Act › Section 502 - Definitions.

Effective 7/1/2021
79-6-502.
Definitions.
As used in this part:
(1) "Alternative energy" means the same as that term is defined in Section 59-12-102.
(2)
(a) "Alternative energy entity" means a person that:
(i) conducts business within the state; and
(ii) enters into an agreement with the office that qualifies the person to receive a tax credit.
(b) "Alternative energy entity" includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (2)(a).
(3) "Alternative energy project" means a project produced by an alternative energy entity if that project involves:
(a) a new or expanding operation in the state; and
(b)
(i) utility-scale alternative energy generation; or
(ii) the extraction of alternative fuels.
(4) "New incremental job within the state" means, with respect to an alternative energy entity, an employment position that:
(a) did not exist within the state before:
(i) the alternative energy entity entered into an agreement with the office in accordance with Section 79-6-503; and
(ii) the alternative energy project began;
(b) is not shifted from one location in the state to another location in the state; and
(c) is established to the satisfaction of the office, including by amounts paid or withheld by the alternative energy entity under Title 59, Chapter 10, Individual Income Tax Act.
(5) "New state revenues" means an increased amount of tax revenues generated as a result of an alternative energy project by an alternative energy entity or a new incremental job within the state under the following:
(a)Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(b)Title 59, Chapter 10, Individual Income Tax Act; and
(c)Title 59, Chapter 12, Sales and Use Tax Act.
(6) "Office" means the Office of Energy Development created in Section 79-6-401.
(7) "Tax credit" means a tax credit under Section 59-7-614.7 or 59-10-1029.
(8) "Tax credit applicant" means an alternative energy entity that applies to the office to receive a tax credit certificate under this part.
(9) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the tax credit certificate recipient;
(b) lists the tax credit certificate recipient's taxpayer identification number;
(c) lists the amount of the tax credit certificate recipient's tax credits authorized under this part for a taxable year; and
(d) includes other information as determined by the office.
(10) "Tax credit certificate recipient" means an alternative energy entity that receives a tax credit certificate for a tax credit in accordance with this part.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 5 - Alternative Energy Development Tax Credit Act › Section 504 - Qualifications for tax credit -- Procedure.

Effective 7/1/2021
79-6-504.
Qualifications for tax credit -- Procedure.
(1) The office shall certify an alternative energy entity's eligibility for a tax credit as provided in this section.
(2) A tax credit applicant shall provide the office with:
(a) an application for a tax credit certificate;
(b) documentation that the tax credit applicant meets the standards and requirements described in Section 79-6-503 to the satisfaction of the office for the taxable year for which the tax credit applicant seeks to claim a tax credit; and
(c) documentation that expressly directs and authorizes the State Tax Commission to disclose to the office the tax credit applicant's returns and other information concerning the tax credit applicant that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code.
(3)
(a) The office shall submit the documentation described in Subsection (2)(c) to the State Tax Commission.
(b) Upon receipt of the documentation described in Subsection (2)(c), the State Tax Commission shall provide the office with the documentation described in Subsection (2)(c) requested by the office that the tax credit applicant directed and authorized the State Tax Commission to provide to the office.
(4) If, after the office reviews the documentation described in Subsections (2) and (3), the office determines that the documentation supporting the tax credit applicant's claim for a tax credit is not substantially accurate, the office shall:
(a) deny the tax credit; or
(b) inform the tax credit applicant that the documentation supporting the tax credit applicant's claim for a tax credit was inadequate and ask the tax credit applicant to submit new documentation.
(5) If, after the office reviews the documentation described in Subsections (2) and (3), the office determines that the documentation supporting the tax credit applicant's claim for a tax credit is substantially accurate, the office shall, on the basis of that documentation:
(a) enter into the agreement described in Section 79-6-503;
(b) issue a tax credit certificate to the tax credit applicant; and
(c) provide a duplicate copy of the tax credit certificate described in Subsection (5)(b) to the State Tax Commission.
(6) An alternative energy entity may not claim a tax credit under this part unless the alternative energy entity is a tax credit certificate recipient.
(7) A tax credit certificate recipient that claims a tax credit shall retain the tax credit certificate in accordance with Subsection 79-6-503(4).
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 5 - Alternative Energy Development Tax Credit Act › Section 505 - Report to the Legislature.

Effective 7/1/2022
79-6-505.
Report to the Legislature.
The office shall annually provide an electronic report to the Public Utilities, Energy, and Technology Interim Committee describing:
(1) the office's success in attracting alternative energy projects to the state and the resulting increase in new state revenues under this part;
(2) the amount of tax credits the office has granted or will grant and the time period during which the tax credits have been or will be granted; and
(3) the economic impact on the state by comparing new state revenues to tax credits that have been or will be granted under this part.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 6 - High Cost Infrastructure Development Tax Credit Act › Section 605 - Report to the Legislature.

Effective 7/1/2022
79-6-605.
Report to the Legislature.
The office shall report annually to the Public Utilities, Energy, and Technology Interim Committee describing:
(1) the office's success in attracting high cost infrastructure projects to the state and the resulting increase in infrastructure-related revenue under this part;
(2) the amount of tax credits the office has granted or will grant and the time period during which the tax credits have been or will be granted; and
(3) the economic impact on the state by comparing infrastructure-related revenue to tax credits that have been or will be granted under this part.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 6 - High Cost Infrastructure Development Tax Credit Act › Section 606 - Administrative rules.

Effective 7/1/2021
79-6-606.
Administrative rules.
The office may establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements and procedures for the implementation of this part.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 7 - Refiner Gasoline Sulfur Standard Sales and Use Tax Exemption Reporting › Section 701 - Definitions.

Effective 7/1/2021
79-6-701.
Definitions.
As used in this part:
(1) "Blending stock," "blendstock," or "component" means any liquid compound that is blended with other liquid compounds to produce gasoline.
(2) "Refiner" means any person who owns, leases, operates, controls, or supervises a refinery.
(3) "Refiner tax exemption certification" means a certification issued by the office in accordance with Section 79-6-702.
(4) "Refinery" means a facility where gasoline or diesel fuel is produced, including a facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 9 - Utah Energy Infrastructure Board Act › Section 901 - Definitions.

Effective 5/4/2022
79-6-901.
Definitions.
As used in this part:
(1) "Application" means an application for a tax credit under Title 79, Chapter 6, Part 6, High Cost Infrastructure Development Tax Credit Act.
(2) "Board" means the Utah Energy Infrastructure Board created in Section 79-6-902.
(3) "Electric interlocal entity" means the same as that term is defined in Section 11-13-103.
(4) "Energy advisor" means the energy advisor appointed under Section 79-6-201.
(5) "Fuel standard compliance project" means the same as that term is defined in Section 79-6-602.
(6) "Office" means the Office of Energy Development created in Section 79-6-401.
(7) "Tax credit" means the same as that term is defined in Section 79-6-602.
Renumbered and Amended by Chapter 44, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 9 - Utah Energy Infrastructure Board Act › Section 902 - Utah Energy Infrastructure Board.

Effective 5/4/2022
79-6-902.
Utah Energy Infrastructure Board.
(1) There is created within the office the Utah Energy Infrastructure Board that consists of nine members as follows:
(a) members appointed by the governor:
(i) the energy advisor or the director of the Office of Energy Development, who shall serve as chair of the board;
(ii) one member from the Governor's Office of Economic Opportunity;
(iii) one member from a public utility or electric interlocal entity that operates electric transmission facilities within the state;
(iv) two members representing the economic development interests of rural communities as follows:
(A) one member currently serving as county commissioner of a county of the third, fourth, fifth, or sixth class, as described in Section 17-50-501; and
(B) one member of a rural community with work experience in the energy industry;
(v) two members of the general public with relevant industry or community experience; and
(vi) one member of the general public who has experience with public finance and bonding; and
(b) the director of the School and Institutional Trust Lands Administration created in Section 53C-1-201.
(2)
(a) The term of an appointed board member is four years.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) The governor may remove a member of the board for cause.
(d) The governor shall fill a vacancy in the board in the same manner under this section as the appointment of the member whose vacancy is being filled.
(e) An individual appointed to fill a vacancy shall serve the remaining unexpired term of the member whose vacancy the individual is filling.
(f) A board member shall serve until a successor is appointed and qualified.
(3)
(a) Five members of the board constitute a quorum for conducting board business.
(b) A majority vote of the quorum present is required for an action to be taken by the board.
(4) The board shall meet as needed to review an application.
(5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 44, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 6 - Utah Energy Act › Part 9 - Utah Energy Infrastructure Board Act › Section 903 - Powers and duties of the board -- Oversight -- Staff support.

Effective 5/4/2022
79-6-903.
Powers and duties of the board -- Oversight -- Staff support.
(1) Subject to the provisions of this part and in accordance with Title 79, Chapter 6, Part 6, High Cost Infrastructure Development Tax Credit Act, the board shall:
(a) evaluate each application using the criteria described in Subsections 79-6-603(1) and (2);
(b) make recommendations to the office regarding each application; and
(c) for an application related to a fuel standard compliance project, determine the amount of the authorized tax credit using the criteria described in Subsection 79-6-603(4).
(2) The office shall:
(a) oversee the board's performance;
(b) provide the board office space, furnishings, and supplies; and
(c) provide the board staff support.
(3) With the consent of the attorney general, the office may retain legal counsel to advise the board on matters relating to the board's operations.
Enacted by Chapter 44, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2022
79-7-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Outdoor Adventure Commission created in Section 63C-21-201.
(2) "Division" means the Division of Outdoor Recreation.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 1 - General Provisions › Section 103 - Policy.

Effective 7/1/2022
79-7-103.
Policy.
It is the declared policy of the state that outdoor recreation is vital to a diverse economy and a healthy community.
Renumbered and Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 2 - Division Creation and Administration › Section 201 - Division of Outdoor Recreation -- Creation -- Purposes -- Rulemaking authority.

Effective 7/1/2022
79-7-201.
Division of Outdoor Recreation -- Creation -- Purposes -- Rulemaking authority.
(1)
(a) There is created within the department the Division of Outdoor Recreation.
(b) The division has the purpose of providing, maintaining, and coordinating motorized and nonmotorized recreation within the state as the recreation authority of the state.
(2)
(a) The division is under the administration and general supervision of the executive director.
(b) The division shall notify the commission as provided in statute on issues related to outdoor recreation.
(3)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, when expressly authorized by this chapter:
(i) regarding issues related to outdoor recreation; and
(ii) after notifying the commission, except for rules made under:
(A)Chapter 5, Recreational Trails; and
(B)Chapter 8, Outdoor Recreation Grants.
(b) In accordance with Subsection (3)(a), the division shall make rules governing the collection of charges under Subsection 79-7-203(8).
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 2 - Division Creation and Administration › Section 202 - Director -- Qualifications -- Duties.

Effective 7/1/2021
79-7-202.
Director -- Qualifications -- Duties.
(1) The director is the executive and administrative head of the division.
(2) The director shall demonstrate:
(a) executive ability; and
(b) actual experience and training in the conduct of recreational systems involving both physical development and program.
(3) The director shall:
(a) enforce the policies and rules of the division; and
(b) perform the duties necessary to:
(i) properly care for and maintain any property under the jurisdiction of the division; and
(ii) carry out this chapter.
Enacted by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 2 - Division Creation and Administration › Section 204 - Division authorized to enter into contracts and agreements.

Effective 5/3/2023
79-7-204.
Division authorized to enter into contracts and agreements.
(1) The division, with the approval of the executive director and the governor, may enter into contracts and agreements with the United States, a United States agency, any other department or agency of the state, semipublic organizations, and with private individuals to:
(a) provide, improve , maintain , or coordinate motorized and nonmotorized recreation within the state; and
(b) secure labor, quarters, materials, services, or facilities according to procedures established by the Division of Finance.
(2) A department, agency, officer, or employee of the state shall give to the division the consultation and assistance that the division may reasonably request.
Amended by Chapter 183, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 2 - Division Creation and Administration › Section 205 - Support of a nonprofit corporation or foundation.

Effective 7/1/2021
79-7-205.
Support of a nonprofit corporation or foundation.
The division may provide administrative support to a nonprofit corporation or foundation that assists the division in attaining the objectives outlined in the strategic or operational plan.
Enacted by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 3 - Finances › Section 301 - Money to be appropriated -- Boating account expenses.

Effective 7/1/2021
79-7-301.
Money to be appropriated -- Boating account expenses.
(1) The Legislature shall appropriate the money from time to time necessary to carry out the purposes of this chapter to the division to be used by the division in the administration of the powers and duties and in carrying out the objective and purposes prescribed by this chapter.
(2) Departmental operating and administrative expenses for the administration of the boating account of the division shall be charged against that account.
Enacted by Chapter 280, 2021 General Session