4-18-305. Powers and duties.

735 words·~3 min read·/ut/title-4/chapter-18/4-18-305

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

Effective 5/5/2021

(1)In carrying out the provisions of this part, including for the soil health grant program, the commission may:

(a)subject to Subsection

(2), accept grants, gifts, services, donations, or other resources from:

(i)the United States government or a corporation or agency created or designed by the United States to lend or grant money;

(ii)the state or any of the state's political subdivisions; or

(iii)any other source;

(b)administer and expend money for the purpose of planning, developing, or putting into operation a program or project in accordance with Section 4-18-304 that is made available to the department:

(i)by the United States government or any of the United States' agencies;

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

(iii)derived from any other source;

(c)provide grants, loans, and other resources to an eligible entity to perform soil health activities;

(d)unless otherwise specified by the grantor or donor, use funds received, including from the state or any of the state's political subdivisions or the United States government or any of the United States' agencies, to serve as matching funds for soil health activities;

(e)place money the commission receives pursuant to Subsection (1)(a) into an escrow account and to administer and expend any money or interest accrued in the trust; and

(f)cooperate and collaborate with:

(i)producers;

(ii)groups of producers;

(iii)producer cooperatives;

(iv)conservation districts;

(v)water conservancy districts;

(vi)academic, land grant, or other research institutions;

(vii)the United States government, the United States' agencies, or any corporation of the United States;

(viii)the state or any of the state's political subdivisions;

(ix)other states;

(x)American Indian Tribes; or

(xi)other entities as the commission may decide for the purpose of advancing the scientific understanding of soil health, soil health practices, or the environmental or economic outcomes, increasing monetary or nonmonetary resources to support scientific research, or in applying for grants, including applying for grants jointly, or otherwise obtaining resources to support the programs authorized in this part.

(a)The department may not pledge the faith or credit of the state or any county or other political subdivision.

(b)In connection with grants, gifts, donations, or other resources, the commission:

(i)may enter into agreements or contracts as may be required; and

(ii)shall comply with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act , and executive orders establishing ethics policy for executive branch agencies and employees.

(3)In establishing a soil health grant program, the commission shall issue guidelines, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to:

(a)make money available for demonstration, educational, implementation, or research grants to eligible entities;

(b)if a grant recipient of an implementation, demonstration, or research project grant does not have sufficient expertise in implementing soil health practices or principles or interpreting project outcomes, require the recipient to work with a technical assistance organization;

(c)ensure that the most accurate and current scientific evidence related to soil health, soil health practices, and economic and environmental benefits of soil health practices is considered in awarding a grant;

(d)minimize the use of money by grant recipients for costs not directly related to grant outcomes, such as administrative expenses or other expenses related to overhead;

(e)establish a monitoring and oversight procedure to ensure that money is spent in accordance with the state law; and

(f)establish protocols to ensure the confidentiality of producer, landowner, and land information, including with respect to a state soil health monitoring and inventory platform and state soil health testing program.

(4)Notwithstanding Subsection 4-18-304(3) and Section 4-18-307 , the commission shall require a recipient of a grant for research, educational, or demonstration projects to:

(a)conduct outreach and educational activities regarding the projects, including field day visits; and

(b)disclose information related to the projects, including the locations of the projects, the soil health practices implemented, and the environmental or economic outcomes.

(5)Upon receiving money to implement a soil health grant program, the commission shall make money available to eligible entities by July 1 of the following year.

(6)The commission may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , necessary to carry out this part.

Enacted by Chapter 178 , 2021 General Session