Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 110 First Substitute (2022GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a water use and preservation element to be part of a municipal or county general plan with exceptions;
• outlines how a water use and preservation element is integrated into a general plan and what steps to take in developing a water use and preservation element;
• provides for action related to the general plan by the legislative body of a municipality or county;
• addresses assistance by the Division of Water Resources; and
• makes technical changes.

Every vote on this bill

Bill text

WATER AS PART OF GENERAL PLAN
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill modifies provisions related to general plans to address water. 
Highlighted Provisions:
This bill:
▸ requires a water use and preservation element to be part of a municipal or county
general plan with exceptions;
▸ outlines how a water use and preservation element is integrated into a general plan
and what steps to take in developing a water use and preservation element;
▸ provides for action related to the general plan by the legislative body of a
municipality or county;
▸ addresses assistance by the Division of Water Resources; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to the Department of Natural Resources - Division of Water Resources as a
one-time appropriation:
• from the General Fund, One-time, $300,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-401
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-403
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-404
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
17-27a-401
, as last amended by Laws of Utah 2021, Chapter 363
17-27a-403
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
17-27a-404
, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
ENACTS:
73-10-36
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-401
 is amended to read:
10-9a-401.
General plan required -- Content.
(1) [
In order to
] 
To
 accomplish the purposes of this chapter, [
each
] 
a
 municipality shall
prepare and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) if the municipality is a town, the protection or promotion of moderate income
housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by [
each
] 
an
 affected entity; and
(j) an official map.
(3) (a) The general plan of a municipality, other than a town, shall plan for moderate
income housing growth.
(b) On or before December 1, 2019, [
each
] 
any
 of the following that have a general
plan that does not comply with Subsection (3)(a) shall amend the general plan to comply with
Subsection (3)(a):
(i) a city of the first, second, third, or fourth class;
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class; and
(iii) a metro township with a population of 5,000 or more.
(c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
from:
(i) the most recent official census or census estimate of the United States Census
Bureau; or
(ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
Utah Population Committee.
(4) Subject to Subsection 
10-9a-403
(2), the municipality may determine the
comprehensiveness, extent, and format of the general plan.
(5) Except for a city of the fifth class or a town, on or before December 31, 2025, a
municipality that has a general plan that does not include a water use and preservation element
that complies with Section 
10-9a-403
 shall amend the municipality's general plan to comply
with Section 
10-9a-403
.
Section 2. Section 
10-9a-403
 is amended to read:
10-9a-403.
General plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
10-9a-203
, of [
its
] 
the planning commission's
 intent to make a recommendation to the
municipal legislative body for a general plan or a comprehensive general plan amendment
when the planning commission initiates the process of preparing [
its
] 
the planning
commission's
 recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
(c) The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, those areas are related to the planning of the municipality's
territory.
(d) Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the boundaries of
the municipality, the municipality may not take action affecting that territory without the
concurrence of the county or other municipalities affected.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; [
and
]
(B) may include a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories covered by the plan;
(C) except for a city of the fifth class or a town, is coordinated to integrate the land use
element with the water use and preservation element; and
(D) except for a city of the fifth class or a town, accounts for the effect of land use
categories and land uses on water demand;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) for a municipality that has access to a major transit investment corridor, addresses
the municipality's plan for residential and commercial development around major transit
investment corridors to maintain and improve the connections between housing, employment,
education, recreation, and commerce;
(C) for a municipality that does not have access to a major transit investment corridor,
addresses the municipality's plan for residential and commercial development in areas that will
maintain and improve the connections between housing, transportation, employment,
education, recreation, and commerce; and
(D) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan; [
and
]
(iii) for a municipality described in Subsection 
10-9a-401
(3)(b), a plan that provides a
realistic opportunity to meet the need for additional moderate income housing[
.
]
; and
(iv) except for a city of the fifth class or a town, a water use and preservation element
that addresses:
(A) the effect of permitted development or patterns of development on water demand
and water infrastructure;
(B) methods of reducing water demand and per capita consumption for future
development;
(C) methods of reducing water demand and per capita consumption for existing
development; and
(D) opportunities for the municipality to modify the municipality's operations to
eliminate practices or conditions that waste water.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that municipalities shall facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life;
(ii) for a town, may include, and for other municipalities, shall include, an analysis of 
how the municipality will provide a realistic opportunity for the development of moderate
income housing within the next five years;
(iii) for a town, may include, and for other municipalities, shall include, a
recommendation to implement three or more of the following strategies:
(A) rezone for densities necessary to assure the production of moderate income
housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider general fund subsidies or other sources of revenue to waive construction
related fees that are otherwise generally imposed by the city;
(E) create or allow for, and reduce regulations related to, accessory dwelling units in
residential zones;
(F) allow for higher density or moderate income residential development in
commercial and mixed-use zones, commercial centers, or employment centers;
(G) encourage higher density or moderate income residential development near major
transit investment corridors;
(H) eliminate or reduce parking requirements for residential development where a
resident is less likely to rely on the resident's own vehicle, such as residential development near 
major transit investment corridors or senior living facilities;
(I) allow for single room occupancy developments;
(J) implement zoning incentives for low to moderate income units in new
developments;
(K) [
utilize
] 
use
 strategies that preserve subsidized low to moderate income units on a
long-term basis;
(L) preserve existing moderate income housing;
(M) reduce impact fees, as defined in Section 
11-36a-102
, related to low and moderate
income housing;
(N) participate in a community land trust program for low or moderate income
housing;
(O) implement a mortgage assistance program for employees of the municipality or of
an employer that provides contracted services to the municipality;
(P) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing;
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
(S) apply for or partner with an entity that applies for programs administered by an
association of governments established by an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act;
(T) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
(U) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
(V) [
utilize
] 
use
 a moderate income housing set aside from a community reinvestment
agency, redevelopment agency, or community development and renewal agency; and
(W) any other program or strategy implemented by the municipality to address the
housing needs of residents of the municipality who earn less than 80% of the area median
income; and
(iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
municipality that has a fixed guideway public transit station, shall include a recommendation to
implement the strategies described in Subsection (2)(b)(iii)(G) or (H).
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the municipality; and
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) consider the regional transportation plan developed by [
its
] 
the municipality's
region's metropolitan planning organization, if the municipality is within the boundaries of a
metropolitan planning organization; or
(ii) consider the long-range transportation plan developed by the Department of
Transportation, if the municipality is not within the boundaries of a metropolitan planning
organization.
(e) In drafting the water use and preservation element, the planning commission:
(i) shall consider:
(A) applicable regional water conservation goals recommended by the Division of
Water Resources; and
(B) if Section 
73-10-32
 requires the municipality to adopt a water conservation plan
pursuant to Section 
73-10-32
, the municipality's water conservation plan;
(ii) shall include a recommendation for:
(A) water conservation policies to be determined by the municipality; and
(B) landscaping options within a public street for current and future development that
do not require the use of lawn or turf in a parkstrip;
(iii) shall review the municipality's land use ordinances and include a recommendation
for changes to an ordinance that promotes the inefficient use of water;
(iv) shall consider principles of sustainable landscaping, including the:
(A) reduction or limitation of the use of lawn or turf;
(B) promotion of site-specific landscape design that decreases stormwater runoff or
runoff of water used for irrigation;
(C) preservation and use of healthy trees that have a reasonable water requirement or
are resistant to dry soil conditions;
(D) elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E) reduction of yard waste; and
(F) use of an irrigation system, including drip irrigation, best adapted to provide the
optimal amount of water to the plants being irrigated;
(v) shall consult with the public water system or systems serving the municipality with
drinking water regarding how implementation of the land use element and water use and
preservation element may affect:
(A) water supply planning, including drinking water source and storage capacity
consistent with Section 
19-4-114
; and
(B) water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact fee facilities
plans;
(vi) may include recommendations for additional water demand reduction strategies,
including:
(A) creating a water budget associated with a particular type of development;
(B) adopting new or modified lot size, configuration, and landscaping standards that
will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing development such as
modification of existing landscapes and irrigation systems and installation of water fixtures or
systems that minimize water demand;
(D) discouraging incentives for economic development activities that do not adequately
account for water use or do not include strategies for reducing water demand; and
(E) adopting water concurrency standards requiring that adequate water supplies and
facilities are or will be in place for new development; and
(vii) for a town, may include, and for another municipality, shall include, a
recommendation for low water use landscaping standards for a new:
(A) commercial, industrial, or institutional development;
(B) common interest community, as defined in Section 
57-25-102
; or
(C) multifamily housing project.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including
the quality of
:
(A)
 air[
,
]
;
(B)
 forests[
,
]
;
 (C)
 soils[
,
]
;
(D)
 rivers
;
(E) groundwater
 and other waters[
,
]
;
(F)
 harbors[
,
]
;
(G)
 fisheries[
,
]
;
(H)
 wildlife[
,
]
;
(I)
 minerals[
,
]
;
 and
(J)
 other natural resources; and
(ii) 
(A)
 the reclamation of land, flood control, prevention and control of the pollution
of streams and other waters[
,
]
;
(B) the
 regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas[
,
]
;
(C)
 the prevention, control, and correction of the erosion of soils[
, protection
]
;
(D) the preservation and enhancement
 of watersheds and wetlands[
,
]
;
 and
(E)
 the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected municipal
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the [
use
] 
adoption
 of land 
and water
 use ordinances, capital improvement plans, community
development and promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
10-9a-401
(2) or (3);
and
(g) any other element the municipality considers appropriate.
Section 3. Section 
10-9a-404
 is amended to read:
10-9a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing [
its
] 
the planning commission's
 recommendation for a
proposed general plan, or proposal to amend the general plan, the planning commission shall
schedule and hold a public hearing on the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
10-9a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
general plan or amendment that [
it
] 
the legislative body
 considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment,
[
it
] 
the legislative body
 may provide suggestions to the planning commission for the planning
commission's review and recommendation.
(4) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
10-9a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
(2)(a)(ii); [
and
]
(c) for a municipality, other than a town, after considering the factors included in
Subsection 
10-9a-403
(2)(b)(iii), a plan to provide a realistic opportunity to meet the need for
additional moderate income housing within the next five years[
.
]
; and
(d) except for a city of the fifth class or a town, on or before December 31, 2025, a
water use and preservation element as provided in Subsection 
10-9a-403
(2)(a)(iv).
Section 4. Section 
17-27a-401
 is amended to read:
17-27a-401.
General plan required -- Content -- Resource management plan --
Provisions related to radioactive waste facility.
(1) To accomplish the purposes of this chapter, [
each
] 
a
 county shall prepare and adopt
a comprehensive, long-range general plan:
(a) for present and future needs of the county;
(b) (i) for growth and development of all or any part of the land within the
unincorporated portions of the county; or
(ii) if a county has designated a mountainous planning district, for growth and
development of all or any part of the land within the mountainous planning district; and
(c) as a basis for communicating and coordinating with the federal government on land
and resource management issues.
(2) To promote health, safety, and welfare, the general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) the protection and promotion of air quality;
(g) historic preservation;
(h) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by [
each
] 
an
 affected entity; and
(i) an official map.
(3) (a) The general plan shall:
(i) allow and plan for moderate income housing growth; and
(ii) contain a resource management plan for the public lands, as defined in Section
63L-6-102
, within the county .
(b) On or before December 1, 2019, a county with a general plan that does not comply
with Subsection (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
(c) The resource management plan described in Subsection (3)(a)(ii) shall address:
(i) mining;
(ii) land use;
(iii) livestock and grazing;
(iv) irrigation;
(v) agriculture;
(vi) fire management;
(vii) noxious weeds;
(viii) forest management;
(ix) water rights;
(x) ditches and canals;
(xi) water quality and hydrology;
(xii) flood plains and river terraces;
(xiii) wetlands;
(xiv) riparian areas;
(xv) predator control;
(xvi) wildlife;
(xvii) fisheries;
(xviii) recreation and tourism;
(xix) energy resources;
(xx) mineral resources;
(xxi) cultural, historical, geological, and paleontological resources;
(xxii) wilderness;
(xxiii) wild and scenic rivers;
(xxiv) threatened, endangered, and sensitive species;
(xxv) land access;
(xxvi) law enforcement;
(xxvii) economic considerations; and
(xxviii) air.
(d) For each item listed under Subsection (3)(c), a county's resource management plan
shall:
(i) establish findings pertaining to the item;
(ii) establish defined objectives; and
(iii) outline general policies and guidelines on how the objectives described in
Subsection (3)(d)(ii) are to be accomplished.
(4) (a) The general plan shall include specific provisions related to [
any areas
] 
an area
within, or partially within, the exterior boundaries of the county, or contiguous to the
boundaries of a county, which are proposed for the siting of a storage facility or transfer facility
for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste,
as these wastes are defined in Section 
19-3-303
. The provisions shall address the effects of the
proposed site upon the health and general welfare of citizens of the state, and shall provide:
(i) the information identified in Section 
19-3-305
;
(ii) information supported by credible studies that demonstrates that [
the provisions of
]
Subsection 
19-3-307
(2) [
have
] 
has
 been satisfied; and
(iii) specific measures to mitigate the effects of high-level nuclear waste and greater
than class C radioactive waste and guarantee the health and safety of the citizens of the state.
(b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
indicating that all proposals for the siting of a storage facility or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive waste wholly or
partially within the county are rejected.
(c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
(d) The county shall send a certified copy of the ordinance described in Subsection
(4)(b) to the executive director of the Department of Environmental Quality by certified mail
within 30 days of enactment.
(e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
(i) comply with Subsection (4)(a) as soon as reasonably possible; and
(ii) send a certified copy of the repeal to the executive director of the Department of
Environmental Quality by certified mail within 30 days after the repeal.
(5) The general plan may define the county's local customs, local culture, and the
components necessary for the county's economic stability.
(6) Subject to Subsection 
17-27a-403
(2), the county may determine the
comprehensiveness, extent, and format of the general plan.
(7) If a county has designated a mountainous planning district, the general plan for the
mountainous planning district is the controlling plan.
(8) Nothing in this part may be construed to limit the authority of the state to manage
and protect wildlife under Title 23, Wildlife Resources Code of Utah.
(9) On or before December 31, 2025, a county that has a general plan that does not
include a water use and preservation element that complies with Section 
17-27a-403
 shall
amend the county's general plan to comply with Section 
17-27a-403
.
Section 5. Section 
17-27a-403
 is amended to read:
17-27a-403.
General plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of [
its
] 
the planning commission's
 intent to make a recommendation to the county
legislative body for a general plan or a comprehensive general plan amendment when the
planning commission initiates the process of preparing [
its
] 
the planning commission's
recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i) the unincorporated area within the county; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless the county plan is recommended by the
municipal planning commission and adopted by the governing body of the municipality.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; [
and
]
(B) may include a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories covered by the plan;
(C) is coordinated to integrate the land use element with the water use and preservation
element; and
(D) accounts for the effect of land use categories and land uses on water demand;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development around
major transit investment corridors to maintain and improve the connections between housing,
employment, education, recreation, and commerce; and
(C) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
(iii) a plan for the development of additional moderate income housing within the
unincorporated area of the county or the mountainous planning district, and a plan to provide a
realistic opportunity to meet the need for additional moderate income housing; [
and
]
(iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
and policies required by Subsection 
17-27a-401
(3)[
.
]
; and
(v) a water use and preservation element that addresses:
(A) the effect of permitted development or patterns of development on water demand
and water infrastructure;
(B) methods of reducing water demand and per capita consumption for future
development;
(C) methods of reducing water demand and per capita consumption for existing
development; and
(D) opportunities for the county to modify the county's operations to eliminate
practices or conditions that waste water.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) shall include an analysis of how the county will provide a realistic opportunity for
the development of moderate income housing within the planning horizon, which may include
a recommendation to implement three or more of the following strategies:
(A) rezone for densities necessary to assure the production of moderate income
housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider county general fund subsidies or other sources of revenue to waive
construction related fees that are otherwise generally imposed by the county;
(E) create or allow for, and reduce regulations related to, accessory dwelling units in
residential zones;
(F) allow for higher density or moderate income residential development in
commercial and mixed-use zones, commercial centers, or employment centers;
(G) encourage higher density or moderate income residential development near major
transit investment corridors;
(H) eliminate or reduce parking requirements for residential development where a
resident is less likely to rely on the resident's own vehicle, such as residential development near
major transit investment corridors or senior living facilities;
(I) allow for single room occupancy developments;
(J) implement zoning incentives for low to moderate income units in new
developments;
(K) [
utilize
] 
use
 strategies that preserve subsidized low to moderate income units on a
long-term basis;
(L) preserve existing moderate income housing;
(M) reduce impact fees, as defined in Section 
11-36a-102
, related to low and moderate
income housing;
(N) participate in a community land trust program for low or moderate income
housing;
(O) implement a mortgage assistance program for employees of the county or of an
employer that provides contracted services for the county;
(P) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing;
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
(S) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
(T) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
(U) [
utilize
] 
use
 a moderate income housing set aside from a community reinvestment
agency, redevelopment agency, or community development and renewal agency; and 
(V) consider any other program or strategy implemented by the county to address the
housing needs of residents of the county who earn less than 80% of the area median income.
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county or mountainous planning district; and
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) consider the regional transportation plan developed by [
its
] 
the county's
 region's
metropolitan planning organization, if the relevant areas of the county are within the
boundaries of a metropolitan planning organization; or
(ii) consider the long-range transportation plan developed by the Department of
Transportation, if the relevant areas of the county are not within the boundaries of a
metropolitan planning organization.
(e) In drafting the water use and preservation element, the planning commission:
(i) shall consider applicable regional water conservation goals recommended by the
Division of Water Resources;
(ii) shall include a recommendation for:
(A) water conservation policies to be determined by the county; and
(B) landscaping options within a public street for current and future development that
do not require the use of lawn or turf in a parkstrip;
(iii) shall review the county's land use ordinances and include a recommendation for
changes to an ordinance that promotes the inefficient use of water;
(iv) shall consider principles of sustainable landscaping, including the:
(A) reduction or limitation of the use of lawn or turf;
(B) promotion of site-specific landscape design that decreases stormwater runoff or
runoff of water used for irrigation;
(C) preservation and use of healthy trees that have a reasonable water requirement or
are resistant to dry soil conditions;
(D) elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E) reduction of yard waste; and
(F) use of an irrigation system, including drip irrigation, best adapted to provide the
optimal amount of water to the plants being irrigated;
(v) may include recommendations for additional water demand reduction strategies,
including:
(A) creating a water budget associated with a particular type of development;
(B) adopting new or modified lot size, configuration, and landscaping standards that
will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing landscapes and
irrigation systems and installation of water fixtures or systems that minimize water demand;
(D) discouraging incentives for economic development activities that do not adequately
account for water use or do not include strategies for reducing water demand; and
(E) adopting water concurrency standards requiring that adequate water supplies and
facilities are or will be in place for new development; and
(vi) shall include a recommendation for low water use landscaping standards for a new:
(A) commercial, industrial, or institutional development;
(B) common interest community, as defined in Section 
57-25-102
; or
(C) multifamily housing project.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) to the extent not covered by the county's resource management plan, the protection,
conservation, development, and use of natural resources, including the quality of
:
(A)
 air[
,
]
;
(B)
 forests[
,
]
;
(C)
 soils[
,
]
;
(D)
 rivers
;
(E) groundwater
 and other waters[
,
]
;
(F)
 harbors[
,
]
;
(G)
 fisheries[
,
]
;
(H)
 wildlife[
,
]
;
(I)
 minerals[
,
]
;
 and
(J)
 other natural resources; and
(ii) 
(A)
 the reclamation of land, flood control, prevention and control of the pollution
of streams and other waters[
,
]
;
 (B) the
 regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas[
,
]
;
(C)
 the prevention, control, and correction of the erosion of soils[
, protection
]
;
(D) the preservation and enhancement
 of watersheds and wetlands[
,
]
;
 and
(E)
 the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the [
use
] 
adoption
 of land 
and water
 use ordinances, capital improvement plans, community
development and promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2) or
(3)(a)(i); and
(g) any other element the county considers appropriate.
Section 6. Section 
17-27a-404
 is amended to read:
17-27a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing [
its
] 
the planning commission's
 recommendation for a
proposed general plan, or proposal to amend the general plan, the planning commission shall
schedule and hold a public hearing on the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
17-27a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) As provided by local ordinance and by Section 
17-27a-204
, the legislative body
shall provide notice of [
its
] 
the legislative body's
 intent to consider the general plan proposal.
(b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
regarding Subsection 
17-27a-401
(4). The hearing procedure shall comply with this Subsection
(3)(b).
(ii) The hearing format shall allow adequate time for public comment at the actual
public hearing, and shall also allow for public comment in writing to be submitted to the
legislative body for not fewer than 90 days after the date of the public hearing.
(c) (i) The legislative body shall give notice of the hearing in accordance with this
Subsection (3) when the proposed plan provisions required by Subsection 
17-27a-401
(4) are
complete.
(ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
the state Legislature, executive director of the Department of Environmental Quality, the state
planning coordinator, the Resource Development Coordinating Committee, and any other
citizens or entities who specifically request notice in writing.
(iii) Public notice shall be given by publication on the Utah Public Notice Website
created in Section 
63A-16-601
.
(iv) The notice shall be published to allow reasonable time for interested parties and
the state to evaluate the information regarding [
the provisions of
] Subsection 
17-27a-401
(4),
including publication described in Subsection (3)(c)(iii) for 180 days before the date of the
hearing to be held under this Subsection (3).
(4) (a) After the public hearing required under this section, the legislative body may
adopt, reject, or make any revisions to the proposed general plan that [
it
] 
the legislative body
considers appropriate.
(b) The legislative body shall respond in writing and in a substantive manner to all
those providing comments as a result of the hearing required by Subsection (3).
(c) If the county legislative body rejects the proposed general plan or amendment, [
it
]
the legislative body
 may provide suggestions to the planning commission for the planning
commission's review and recommendation.
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
17-27a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
17-27a-403
(2)(a)(ii);
(c) after considering the factors included in Subsection 
17-27a-403
(2)(b), a plan to
provide a realistic opportunity to meet the need for additional moderate income housing; [
and
]
(d) before August 1, 2017, a resource management plan as provided by Subsection
17-27a-403
(2)(a)(iv)[
.
]
; and
(e) on or before December 31, 2025, a water use and preservation element as provided
in Subsection 
17-27a-403
(2)(a)(v).
Section 7. Section 
73-10-36
 is enacted to read:
 73-10-36.
Division to provide technical assistance in local government planning.
(1) As used in this section:
(a) "Division" means the Division of Water Resources.
(b) "General plan":
(i) for a municipality, means the same as that term is defined in Section 
10-9a-103
; and
(ii) for a county, means the same as that term is defined in Section 
17-27a-103
.
(c) "Local government" means a county or a municipality, as defined in Section
10-1-104
.
(2) The division may provide technical assistance to a local government to support the
local government's adoption of a water use and preservation element in a general plan.
Section 8. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Natural Resources -- Division of Water Resources
From General Fund, One-time
$300,000
Schedule of Programs:
Planning $300,000
The Legislature intends that the appropriation under this item be used to fund the cost
of the Division of Water Resources providing technical assistance under Section 
73-10-36
 to a
local government's adoption of a water use or preservation element in a general plan. The
Legislature intends that the appropriation in this item be nonlapsing.