Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 304 First Substitute (2017GS)

Sponsor

Rep. Froerer, G.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses a municipality's or a county's authority to require certain types of landscaping in certain zoning districts;
• modifies the required contents of a water conservation plan; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WATER CONSERVATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to landscaping and water conservation plans.
Highlighted Provisions:
This bill:
▸ addresses a municipality's or a county's authority to require certain types of
landscaping in certain zoning districts;
▸ modifies the required contents of a water conservation plan; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10-32
, as last amended by Laws of Utah 2007, Chapter 329
ENACTS:
10-9a-527
, Utah Code Annotated 1953
17-27a-525
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-527
 is enacted to read:
 10-9a-527.
Landscape regulation.
A legislative body may not require that more than 5% of a property be landscaped with
vegetation if the property is within a zoning district that is primarily intended for commercial
or industrial uses.
Section 2. Section 
17-27a-525
 is enacted to read:
 17-27a-525.
Landscape regulation.
A legislative body may not require that more than 5% of a property be landscaped with
vegetation if the property is within a zoning district that is primarily intended for commercial
or industrial uses.
Section 3. Section 
73-10-32
 is amended to read:
73-10-32.
Definitions -- Water conservation plan required.
(1) As used in this section:
(a) "Board" means the Board of Water Resources created under Section 
73-10-1.5
.
(b) "Division" means the Division of Water Resources created under Section 
73-10-18
.
(c) "Retail" means the level of distribution of culinary water that supplies culinary
water directly to the end user.
(d) "Retail water provider" means an entity which:
(i) supplies culinary water to end users; and
(ii) has more than 500 service connections.
(e) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act.
(f) "Water conservation plan" means a written document that contains existing and
proposed water conservation measures describing what will be done by retail water providers,
water conservancy districts, and the end user of culinary water to help conserve water and limit
or reduce its use in the state in terms of per capita consumption so that adequate supplies of
water are available for future needs.
(2) (a) Each 
water conservancy district and each retail water provider shall ensure that
each
 water conservation plan [
shall contain
] 
contains
:
(i) a clearly stated overall water use reduction goal and an implementation plan for
each of the water conservation measures it chooses to use, including a timeline for action and
an evaluation process to measure progress;
(ii) a requirement that each water conservancy district and retail water provider devote
part of at least one regular meeting every five years of its governing body to a discussion and
formal adoption of the water conservation plan, and allow public comment on it;
(iii) a requirement that a notification procedure be implemented that includes the
delivery of the water conservation plan to the media and to the governing body of each
municipality and county served by the water conservancy district or retail water provider; [
and
]
(iv) a copy of the minutes of the meeting and the notification procedure required in
Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the plan[
.
]
; and
[
(b) A water conservation plan may include
]
(v) except as provided in Subsection (2)(c),
 information regarding:
[
(i)
] 
(A)
 the installation and use of water efficient fixtures and appliances, including
toilets, shower fixtures, and faucets;
[
(ii)
] 
(B)
 residential and commercial landscapes and irrigation that require less water to
maintain;
[
(iii)
] 
(C)
 more water efficient industrial and commercial processes involving the use
of water;
[
(iv)
] 
(D)
 water reuse systems, both potable and not potable;
[
(v)
] 
(E)
 distribution system leak repair;
[
(vi)
] 
(F)
 dissemination of public information regarding more efficient use of water,
including public education programs, customer water use audits, and water saving
demonstrations;
[
(vii)
] 
(G)
 water rate structures designed to encourage more efficient use of water;
[
(viii) 
] 
(H) existing or potential
 statutes, ordinances, codes, or regulations designed to
encourage more efficient use of water by means such as water efficient fixtures and 
water
efficient
 landscapes
, including restrictions on grass landscaping
;
[
(ix)
] 
(I)
 incentives to implement water efficient techniques, including rebates to water
users to encourage the implementation of more water efficient measures; and
[
(x)
] 
(J)
 other measures designed to conserve water.
[
(c)
] 
(b)
 The Division of Water Resources may be contacted for information and
technical resources regarding measures listed in [
Subsections (2)(b)(i) through (2)(b)(x)
]
Subsection (2)(a)(v)
.
(c) The requirements described in Subsections (2)(a)(v)(B) through (D) and
Subsections (2)(a)(v)(G) through (I) do not apply to a water conservancy district.
(3) (a) Before April 1, 1999, each water conservancy district and each retail water
provider shall:
(i) (A) prepare and adopt a water conservation plan if one has not already been
adopted; or
(B) if the district or provider has already adopted a water conservation plan, review the
existing water conservation plan to determine if it should be amended and, if so, amend the
water conservation plan; and
(ii) file a copy of the water conservation plan or amended water conservation plan with
the division.
(b) Before adopting or amending a water conservation plan, each water conservancy
district or retail water provider shall hold a public hearing with reasonable, advance public
notice.
(4) (a) The board shall:
(i) provide guidelines and technical resources to retail water providers and water
conservancy districts to prepare and implement water conservation plans;
(ii) investigate alternative measures designed to conserve water; and
(iii) report regarding its compliance with the act and impressions of the overall quality
of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
Committee of the Legislature at its meeting in November 2004.
(b) The board shall publish an annual report in a paper of state-wide distribution
specifying the retail water providers and water conservancy districts that do not have a current
water conservation plan on file with the board at the end of the calendar year.
(5) A water conservancy district or retail water provider may only receive state funds
for water development if they comply with the requirements of this act.
(6) Each water conservancy district and retail water provider specified under
Subsection (3)(a) shall:
(a) update its water conservation plan no less frequently than every five years; and
(b) follow the procedures required under Subsection (3) when updating the water
conservation plan.
(7) It is the intent of the Legislature that the water conservation plans, amendments to
existing water conservation plans, and the studies and report by the board be handled within the
existing budgets of the respective entities or agencies.
Legislative Review Note
Office of Legislative Research and General Counsel