As used in this part:

1. (1) "Commercial quantities," for purposes of this section, means critical infrastructure materials:

   1. (a) extracted or processed by a commercial enterprise in the ordinary course of business; and
   2. (b) in a sufficient amount that the critical infrastructure materials introduction into commerce would create a reasonable expectation of profit.
2. (2) "Contiguous land" means surface or subsurface land that shares a common boundary and is not separated by a highway as defined in Section 41-6a-102.
3. (3) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
4. (4) "Critical infrastructure materials use" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.

5. (5) "Critical infrastructure materials operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:

   1. (a) owns, controls, or manages a critical infrastructure materials use; and
   2. (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials use.

6. (6) "Existing legal use" means a critical infrastructure materials use that has operated in accordance with:

   1. (a) a legal nonconforming use that has not been abandoned for more than 24 consecutive months; or
   2. (b) a permit issued by the applicable political subdivision.
7. (7) "New land" means surface or subsurface land that a critical infrastructure materials operator gains ownership or control of on or before January 1, 2026, regardless of whether that land is included in any applicable permit issued by a political subdivision or a legal nonconforming use.
8. (8) "Vested critical infrastructure materials use" means a critical infrastructure materials use by a critical infrastructure materials operator that is an existing legal use.

Renumbered and Amended by Chapter 15, 2025 Special Session 1