1. (1) In consultation with the Soil Health Advisory Committee created in Section 4-18-306 and in accordance with Subsection 4-18-305(1)(e), the commission may establish the following programs:

   1. (a) a grant program for eligible entities to engage in soil health activities including implementation, research, education, or demonstration projects;
   2. (b) a state soil health monitoring and inventory platform; or
   3. (c) other programs the commission considers appropriate or necessary.
2. (2) In establishing a program in accordance with Subsection (1), the commission may prioritize the establishment of programs based on the needs of historically underserved producers, the availability of funds and staffing, emerging areas of scientific inquiry and research, environmental benefits, or other considerations.

3. (3) A program established pursuant to this section shall be voluntary and incentive-based and may not:

   1. (a) require participation by an eligible entity;
   2. (b) mandate the implementation of soil health practices by non-participating entities; or
   3. (c) bind participants to execute specific practice standards in adverse climate conditions or circumstances with limited or no chance of success or that would cause irreparable physical or economic harm to the producer's operation physically or economically.

4. (4) In addition to Section 4-18-307:

   1. (a) the commission, grantees, partners, or other program participants may not disclose, sell, or otherwise provide information that could be used to identify the agricultural operations or practices of program participants without express permission provided in writing; and
   2. (b) in determining whether information may be released, the private interests of a participant are presumed to outweigh the public interest in disclosure.
5. (5) The commission shall act as the policy board to set guidelines by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the administration of programs developed under Section 4-18-305. The Soil Health Advisory Committee serves as an advisory committee to the commission.

Enacted by Chapter 178, 2021 General Session