Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 272 Second Substitute (2023GS)

Sponsor

Rep. Owens, D.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• modifies an incentive program to use water efficient landscaping including modifying eligibility requirements, requiring implementation of regional-based water use efficiency standards, and imposing requirements related to the Great Salt Lake basin;
• provides for grants to water conservancy districts;
• provides for rulemaking;
• addresses scope of section; and
• makes technical changes.

Every vote on this bill

Bill text

WATER EFFICIENT LANDSCAPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses incentives to use water efficient landscaping.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies an incentive program to use water efficient landscaping including
modifying eligibility requirements, requiring implementation of regional-based
water use efficiency standards, and imposing requirements related to the Great Salt
Lake basin;
▸ provides for grants to water conservancy districts;
▸ provides for rulemaking;
▸ addresses scope of section; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
73-10-37
, as enacted by Laws of Utah 2022, Chapter 50
Utah Code Sections Affected by Coordination Clause:
73-10-37
, as enacted by Laws of Utah 2022, Chapter 50
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10-37
 is amended to read:
73-10-37.
Incentives to use water efficient landscaping.
(1) As used in this section:
(a) 
"Active recreation area" means an area of a lot or parcel that is:
(i) not in low density residential development;
(ii) comprised of lawn or turf dedicated to active use; and
(iii) installed or maintained on areas with a slope of not more than 25%.
(b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor
activities that are ordinarily associated with lawn or turf, such as:
(i) a sports field;
(ii) a social gathering area;
(iii) an amphitheater;
(iv) a public or private park; or
(v) the playing area, including rough, driving ranges, and chipping and putting greens,
of a golf course.
(c) "District" means a water conservancy district, as that term is defined in Section
73-10-32
.
(d)
 "Division" means the Division of Water Resources.
(e) "Great Salt Lake basin" means the area within:
(i) the surveyed meander line of the Great Salt Lake;
(ii) the drainage areas of the Bear River or the Bear River's tributaries;
(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv) the drainage areas of the Weber River or the Weber River's tributaries;
(v) the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii) other water drainages lying between the Bear River and the Jordan River that are
tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
(1)(e)(ii) through (vi); and
(viii) the drainage area of Tooele Valley.
(f) "Landscaped area" means those portions of a lot or parcel that are not occupied by:
(i) a permanent structure; or
(ii) an impervious surface associated with vehicular or pedestrian access or use, such as
a driveway, sidewalk, or parking lot.
(g) "Landscaping conversion incentive program" means a program administered by a
district that pays an owner a financial incentive to remove lawn or turf from a project area on
land owned by the owner.
[
(b)
] 
(h)
 (i) Except as provided in Subsection [
(1)(b)(ii)
] 
(1)(h)(ii)
, "lawn or turf"
means nonagricultural land planted in closely mowed, managed grasses.
(ii) "Lawn or turf" does not include a [
golf course, park, athletic field, or
] sod farm.
(i) "Low density residential development" means a lot or parcel of land whose primary
use is for fewer than five dwelling units, including:
(i) a single family dwelling;
(ii) a duplex, triplex, or fourplex;
(iii) an area for the exclusive use of a mobile home; and
(iv) the common areas and limited common areas of a residential condominium
development or planned unit development with fewer than five dwelling units.
(j) (i) "New construction" means construction of a new building or structure.
(ii) "New construction" does not include:
(A) reconstruction of an existing building or structure that does not constitute complete
replacement of an existing building or structure; or
(B) construction of an addition to an existing building or structure unless the addition
requires substantially new landscaping as determined by the applicable municipality or county.
(k) "Overhead spray irrigation" means the same as that term is defined in Section
57-8a-231
.
[
(c)
] 
(l)
 "Owner" means an owner of private 
or public
 land where a water end user is
located.
(m) "Parkstrip" means the area between the back of a curb or, if there is no curb, the
edge of pavement and the sidewalk.
(n) "Program guidelines" means guidelines adopted by a district for the district's
landscaping conversion incentive program.
(o) "Project area" means the area from which lawn or turf is removed and replaced with
water efficient landscaping.
(p) "Special uses area" means an area of a lot or parcel that:
(i) is not located in low density residential development; and
(ii) requires the use of lawn or turf due to unique circumstances associated with the
land, including cemeteries or detention or retention basins that serve a dual purpose of active
recreation areas and storm water management.
[
(d)
] 
(q)
 "Water end user" means a person who enters into a water contract to obtain
water from a retail water provider for residential, commercial, industrial, or institutional use.
(2) [
(a)
] Subject to a [
$5,000,000
] 
$12,500,000
 aggregate annual cap, the division may
:
(a) award a grant under Subsection (3) to a district to fund financial incentives
provided through a landscaping conversion incentive program administered by the district; and
(b) provide an incentive under Subsection (4) to an owner to remove lawn or turf from
a project area on land owned by the owner in an area without a landscaping conversion
incentive program.
(3) (a) (i) A district may obtain a grant from the division to help fund a financial
incentive provided to an owner through a landscaping conversion incentive program
administered by the district.
(ii) Both the award and use of a grant under this Subsection (3) are subject to
Subsections (3)(b), (c), and (d).
(b) To obtain a grant, a district shall:
(i) initiate and operate a landscaping conversion incentive program;
(ii) limit the disbursement of grant money in the district's landscaping conversion
incentive program to owners that satisfy the minimum requirements of Subsection (4)(c) and:
(A) rules made by the division under Subsection (6)(b); or
(B) program guidelines approved by the division under Subsection (3)(f);
(iii) use the grant exclusively to fund financial incentives provided to owners that
remove lawn or turf from a project area in the district's landscaping conversion incentive
program;
(iv) provide an equal amount or more of matching funds for the district's landscaping
conversion incentive program from sources other than the grant money the district receives
under this section;
(v) file an application with the division that:
(A) describes the district's landscaping conversion incentive program, including
verification that the program can and shall implement the minimum requirements of
Subsection (4)(c), and either rules made by the division under Subsection (6)(b) or program
guidelines approved by the division under Subsection (3)(f);
(B) includes a copy of the program guidelines governing the district's landscaping
conversion incentive program;
(C) if the district wants to be subject to program guidelines in lieu of division rules
made under Subsection (6)(b), requests that the division approve the district's program
guidelines under Subsection (3)(f); and
(D) provides additional information requested by the division; and
(vi) enter into a contract with the division that requires the district to:
(A) verify that participants comply and landscaping conversion projects proposed,
undertaken, and completed by participants under the district's landscaping conversion incentive
program satisfy the requirements in this Subsection (3) and any contract before using grant
money for a financial incentive;
(B) agree not to use grant money for a financial incentive in any landscaping
conversion project that fails to satisfy the requirements of this Subsection (3) and either rules
made by the division or program guidelines approved by the division under Subsection (3)(f);
(C) submit to the division quarterly reports on funding status; and
(D) prepare and submit an annual accounting to the division on the use of grant money
for financial incentives in the district's landscaping conversion incentive program.
(c) (i) Upon expenditure of 70% of the grant money awarded to a district and an
accounting on the use of that grant money, a district may apply for additional grant money in
accordance with Subsection (3)(b).
(ii) The division may award a district an additional grant based on:
(A) the availability of grant money;
(B) the priority or importance of the grant proposal in relation to availability of grant
money, the division's landscaping conversion incentive program under this Subsection (3),
other landscaping conversion incentive program grant requests, and regional needs and goals;
(C) the effectiveness of the district's landscaping conversion incentive program in
incentivizing owners to convert lawn or turf to water efficient landscaping;
(D) the district's previous compliance with this Subsection (3) and contract terms and
conditions; and
(E) any matter bearing on the district's ability to responsibly handle and disperse grant
money consistent with this Subsection (3) and contract terms and conditions.
(d) A district awarded grant money under this Subsection (3) may not use grant money
to pay an incentive that exceeds the maximum amount established by the division by rule under
Subsection (6)(c).
(e) Nothing in this section prohibits a district from expending non-grant money,
including matching money, under the district's landscaping conversion incentive program to:
(i) assist an owner that does not satisfy Subsection (4)(c); or
(ii) provide an incentive that exceeds a maximum amount established by the division
for grant money under Subsection (3)(d).
(f) The division may approve a request from a district under Subsection (3)(b)(v)(C) to
use program guidelines in lieu of rules made by the division under Subsection (6)(b) if the
division determines that the district's program guidelines will:
(i) result in at least as much water use savings as rules made under Subsection (6)(b);
and
(ii) accomplish the same objectives as rules made under Subsection (6)(b).
(4) (a) In an area without an existing landscaping conversion incentive program, the
division may
 provide an incentive to an owner to remove lawn or turf from land owned by the
owner and replace the lawn or turf with [
drought resistant
] 
water efficient
 landscaping.
(b) If the division provides an incentive under this [
section
] 
Subsection (4)
, the
division shall provide the incentive in the order that an application for the incentive is filed.
The division may terminate an application if the division determines that the owner has not
completed the project within 12 months after the day on which the owner files an application
for the incentive.
(c) To be eligible for an incentive under this [
section,
] 
Subsection (4):
(i)
 the owner shall at the time the owner applies for the incentive:
[
(i)
] 
(A)
 have living lawn or turf
, as determined by the entity providing the incentive,
on the land owned by the owner that the owner intends to replace with [
drought resistant
] 
water
efficient
 landscaping; 
and
[
(ii) be in good standing with a retail water provider so that the owner has no unpaid
water bills; and
]
[
(iii)
] 
(B)
 participate voluntarily in the removal of the lawn or turf in that the removal
is not required by governmental code or policy[
.
]
;
(ii) the property where the project area is located, is located within:
(A) a municipality that implements regional-based water use efficiency standards
established in accordance with Subsection (5) or rules made by the division under Subsection
(6)(d); or
(B) an unincorporated area of a county that implements regional-based water use
efficiency standards established in accordance with Subsection (5) or rules made by the
division under Subsection (6)(d); and
(iii) the owner shall agree to:
(A) maintain water efficient landscaping and a drip irrigation system installed in the
project area and not reinstall lawn or turf, or overhead spray irrigation in the project area after
receipt of a payment under this section to incentivize conversion of lawn or turf to water
efficient landscaping; or
(B) return to the division or to a district the payments received for removal of lawn or
turf from the project area.
(d) An owner may not receive an incentive under this section if the owner has
previously received an incentive under this section for the same [
property
] 
project area
.
(e) [
The division may not provide an owner
] 
An owner may not receive
 an incentive
under this [
section
] 
Subsection (4)
 in an amount [
greater than 50% of the cost of replacing the
]
that exceeds:
(i) the maximum amount established by the division in rule, as provided in Subsection
(6), for each square foot of
 lawn or turf with [
drought resistant
] 
water efficient
 landscaping[
.
]
;
or
(ii) the maximum aggregate amount established by the division in rule, as provided in
Subsection (6).
(5) To implement regional-based water efficiency standards as required by Subsection
(4)(c)(ii), a municipality or county located within the Great Salt Lake basin shall adopt by
ordinance the following water efficiency standards applicable to new construction in addition
to the standards adopted by the division under Subsection (6)(d):
(a) a person may not:
(i) install or maintain lawn or turf within:
(A) a parkstrip;
(B) an area that is less than eight feet in width; or
(C) the interior of a parking lot;
(ii) install or maintain lawn or turf within a public or private road or highway,
including in medians or roundabouts;
(iii) use a sprinkler zone to provide overhead spray irrigation for lawn or turf to be
shared with an area that does not have lawn or turf; or
(iv) install or maintain lawn or turf on more than:
(A) 35% of the front and side yard landscaped area of low density residential
development; or
(B) 20% of the total landscaped area for all non-agricultural uses other than low
density residential development, after deducting active recreation areas or special use areas;
(b) a person may use overhead spray irrigation only on the portions of the landscaped
area that has lawn or turf;
(c) a person shall:
(i) limit an active recreation area to a size not larger than the reasonably anticipated
need for the type of use the area is intended to accommodate; and
(ii) when replacing lawn or turf, install landscaping that is not:
(A) composed of a different type of lawn or turf; or
(B) watered through the use of overhead spray irrigation; and
(d) the municipality or county shall adopt a method for the municipality or county to
determine if an active recreation area meets the requirements of Subsection (5)(c)(i).
[
(3)
] 
(6)
 The division [
may
] 
shall
 make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act:
(a) establishing the process by which
:
(i) a district obtains a grant under Subsection (3); or
(ii)
 an owner obtains an incentive under [
this section; and
] 
Subsection (4);
(b) defining what constitutes [
drought resistant
] 
water efficient
 landscaping[
.
]
,
including what irrigation is used after conversion to water efficient landscaping;
(c) establishing for funding under this section the maximum incentive from grant
money allowable for each square foot of lawn or turf converted to water efficient landscaping
or maximum aggregate amount; and
(d) establishing for purposes of this section regional-based water use efficiency
standards designed to reduce water consumption and conserve culinary and secondary water
supplies.
(7) This section does not prohibit a municipality or county from adopting landscaping
standards that would result in greater water efficiency than provided in this section or by
division rule made under Subsection (6) if the standards do not conflict with this section or
division rules.
(8) An incentive under this section may not be provided for the removal of lawn or turf
from:
(a) an agricultural operation; or
(b) a golf course.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 3. 
 Coordinating H.B. 272 with S.B. 118 -- Substantive amendments.
If this H.B. 272 and S.B. 118, Water Efficient Landscaping Incentives, both pass and
become law, it is the intent of the Legislature that the amendments to Section 
73-10-37
 in this
bill supersede the amendments to Section 
73-10-37
 in S.B. 118 when the Office of Legislative
Research and General Counsel prepares the Utah Code database for publication.