Senate bill would make state's biodiversity pay off

SALT LAKE CITY -- We are Utah, right down to the single-cell organisms living under 6 inches of salt on the flats.

A bill is alive and well that would force companies who take advantage of Utah's unique biodiversity to pay up.

"If they're using Utah organisms, we think Utah as a state should benefit from royalties. Like a patent," said Sen. Lyle Hillyard, R-Logan.

Hillyard's bill would require that people who remove single-cell organisms for research or commercial purposes register with the Utah Geological Survey. It is expected that, in the future, another law would require those who turn that material into a commercial product pay royalties to the state.

The bill was left in the Senate Natural Resources, Agriculture and Environment Committee while it awaits several amendments. Among those may be some coordination with the division of Forestry, Fire and State Lands, which already has a similar provision for material in Great Salt Lake.

"This is nothing we're not familiar with," Director Dick Buehler said.

The bill raised some eyebrows from manufacturers and agriculture interests. Tom Bingham, of the Utah Manufactures Association, said he was worried that members might accidentally become criminals because material they are used to removing might contain unknown but protected organisms.

Sterling Brown, of the Utah Farm Bureau, said his members were likewise concerned about what would be considered valid material.

"I don't want to be guilty of overreacting here," he said.

Hillyard told the committee that the bill would require only registration with the state and not any sort of payment.

That could come later, though. USU Vice President Ned Weinshenker said organic material -- even of the same variety -- differs subtly state by state. As such, the state should protect its potential revenue stream.

"It may be a unique resource to the state of Utah," said Weinshenker, a doctor of organic chemistry in charge of the university's strategic ventures and economic development.