4-18-302. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

As used in this part:

(1)"Agricultural producer" means a person engaged in the production of a product of agriculture, as defined in Section 4-1-109 .

(2)"Commission" means the Conservation Commission created in Section 4-18-104 .

(3)"Commissioner" means the commissioner of agriculture and food or the commissioner's designee.

(4)"Demonstration project" means an on- or off-farm or ranch project that incorporates soil health practices and principles into soil management for the purposes of demonstrating soil health practices and the resulting impacts to agricultural producers and others.

(a)"Educational project" means a project that promotes knowledge about soil health to eligible entities, consumers, policymakers, and others.

(b)"Educational project" includes the development of written or video-based materials or in-person events, such as workshops, field days, or conferences.

(6)"Eligible entities" means public, governmental, and private entities, including:

(a)conservation districts;

(b)producers;

(c)groups of producers;

(d)producer groups;

(e)producer cooperatives;

(f)water conservancy districts;

(g)American Indian Tribes;

(h)nonprofit entities;

(i)academic or research institutions and subdivisions of these institutions;

(j)the United States or any corporation or agency created or designed by the United States; or

(k)the state or any of the state's agencies or political subdivisions.

(7)"Environmental benefits" means benefits to natural and agricultural resources and human health, including:

(a)improved air quality;

(b)surface or ground water quality and quantity;

(c)improved soil health, including nutrient cycling, soil fertility, or drought resilience;

(d)reductions in agricultural inputs;

(e)carbon sequestration or climate resilience;

(f)increased biodiversity; or

(g)improved nutritional quality of agricultural products.

(8)"Historically underserved producer" means a producer who qualifies as one of the following:

(a)a beginning farmer or rancher, as defined in 7 U.S.C. Sec. 2279;

(b)a limited resource farmer or rancher, as described in 7 U.S.C. Sec. 9081;

(c)a socially disadvantaged farmer or rancher, as defined in 7 U.S.C. Sec. 2003; or

(d)a veteran farmer or rancher, as defined in 7 U.S.C. Sec. 1502.

(9)"Implementation project" means a project that provides incentives directly to producers to implement on-farm or on-ranch soil health practices.

(10)"Incentives" means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets.

(11)"Land manager" means a manager of land where agricultural activities occur, including:

(a)a federal land manager;

(b)a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or

(c)others as the department may determine.

(12)"Landowner" means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur.

(13)"Program" means the Utah Soil Health Program created in Section 4-18-303 .

(a)"Research project" means a project that advances the scientific understanding of how agricultural practices improve soil health, and related impacts, such as environmental benefits, benefits to human health, including the nutritive composition of foods, or economic impacts.

(b)"Research project" includes projects at experiment stations, on:

(i)lands owned by the United States or any corporation or agency created or designed by the United States;

(ii)lands owned by the state or any of the state's agencies or political subdivisions; or

(iii)private lands.

(15)"Soil health" means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans.

(16)"Soil health activities" means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health.

(17)"Soil Health Advisory Committee" means the committee created in Section 4-18-306 .

(18)"Soil health grant program" means the grant program authorized in Section 4-18-304 .

(19)"Soil health practices" means those practices that may contribute to soil health, including:

(a)no-tillage;

(b)conservation tillage;

(c)crop rotations;

(d)intercropping;

(e)cover cropping;

(f)planned grazing;

(g)the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;

(h)revegetation; or

(i)other practices the department determines contribute or have the potential to contribute to soil health.

(20)"Soil health principle" means a principle that promotes soil health and includes maximizing soil cover, minimizing soil disturbance, maximizing biodiversity, maintaining a continual live plant or root in the soil, or integrating livestock.

(21)"State soil health inventory and platform" means a tool, including a geospatial inventory, documenting:

(a)the condition of agricultural soils;

(b)the implementation of soil health practices; or

(c)the environmental and economic impacts, including current and potential future carbon holding capacity of soils, or other information the department considers appropriate.

(22)"Technical assistance organization" means a person, including an eligible entity, who has demonstrated technical expertise in implementing soil health practices and soil health principles, as determined by the department.

Amended by Chapter 274 , 2022 General Session

Enacted by Chapter 178 , 2021 General Session