1. (1) As used in this section:

   1. (a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire, that results in:

      1. (i) the president of the United States declaring an emergency or major disaster in the state;
      2. (ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or
      3. (iii) the chief executive officer of a local government declaring a local emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
   2. (b) "Fund" means the Agriculture Resource Development Fund created in this section.
   3. (c) "Local government" means the same as that term is defined in Section 53-2a-602.
2. (2) There is created a revolving loan fund known as the Agriculture Resource Development Fund.

3. (3) The fund shall consist of:

   1. (a) money appropriated to the fund by the Legislature;
   2. (b) money received for the repayment of loans made from the fund;
   3. (c) money from a preferential user to reimburse the commission for loans made from the fund in accordance with Title 73, Chapter 3d, Part 4, Compensation;
   4. (d) money made available to the state for agriculture resource development or for a temporary water shortage emergency, as defined in Section 73-3d-101, from any source; and
   5. (e) interest earned on the fund.

4. (4) The commission may make loans from the fund for:

   1. (a) a rangeland improvement and management project;
   2. (b) a watershed protection or flood prevention project;
   3. (c) a soil and water conservation project;
   4. (d) a program designed to promote energy efficient farming practices;
   5. (e) an improvement program for agriculture product storage or program designed to protect a crop or animal resource;
   6. (f) a hydroponic or aquaponic system, including a hydroponic fodder production system;
   7. (g) a project or program to improve water quality;
   8. (h) a project to address other environmental issues;
   9. (i) subject to Subsection (5), a disaster relief program designed to aid the sustainability of agriculture during and immediately following a disaster; or
   10. (j) subject to Subsection (6), authorized for temporary water shortage emergencies as provided in Title 73, Chapter 3d, Part 4, Compensation.

5. (5)

   1. (a) Except as provided in Subsection (5)(b), the department shall limit loans for disaster relief programs under Subsection (4)(i) to no more than 10% of the total amount of:

      1. (i) the balance of money in the fund; and
      2. (ii) the outstanding loans issued from the fund.
   2. (b) Notwithstanding Subsection (5)(a), the department may use the money appropriated to the fund by the Legislature or another source, without limitation, if the money is appropriated specifically for use in a disaster relief program.
6. (6) The commission may not have at one time an aggregate amount of loans made under Subsection (4)(j) that exceeds $5,000,000.

7. (7) The commission may appoint an advisory board to:

   1. (a) oversee the award process for loans, as described in this section;
   2. (b) approve loans; and
   3. (c) recommend policies and procedures for the fund that are consistent with statute.
8. (8) The department shall obtain an approved annual budget from the commission to use money from the fund to pay for the costs of administering the fund and loans made from the fund.

Amended by Chapter 417, 2026 General Session