Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 118 Fifth Substitute (2023GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• authorizes water conservancy districts to receive grants to provide incentives;
• provides conditions on when an owner may receive an incentive;
• addresses rulemaking authority;
• addresses tracking of local government implementation of water use efficiency standards; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WATER EFFICIENT LANDSCAPING INCENTIVES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
Doug Owens
LONG TITLE
General Description:
This bill addresses efficient use of water including incentives to install and maintain
water efficient landscaping.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes water conservancy districts to receive grants to provide incentives;
▸ provides conditions on when an owner may receive an incentive;
▸ addresses rulemaking authority;
▸ addresses tracking of local government implementation of water use efficiency
standards; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Department of Natural Resources - Water Resources, as an ongoing
appropriation:
• from the General Fund, $3,000,000; and
▸ to the Department of Natural Resources - Water Resources, as a one-time
appropriation:
• from the General Fund, One-time, $11,200.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-9a-536
, as enacted by Laws of Utah 2022, Chapter 230
17-27a-532
, as enacted by Laws of Utah 2022, Chapter 230
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 
10-9a-536
 is amended to read:
10-9a-536.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(d) (i) "Vegetative coverage" means the ground level surface area covered by the
exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the
exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that
can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design
and water application; or
(iii) use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) A municipality may not enact or enforce an ordinance, resolution, or policy that
prohibits, or has the effect of prohibiting, a property owner from incorporating water wise
landscaping on the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality
from requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise
landscaping;
(ii) maintain plant material in a healthy condition; 
and
(iii) follow specific water wise landscaping design requirements adopted by the
municipality, including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to municipal
operations;
(B) imposes minimum or maximum vegetative coverage standards; or
(C) restricts or prohibits the use of specific plant materials.
(b) A municipality may not require a property owner to install or keep in place lawn or
turf in an area with a width less than eight feet.
(4) A municipality shall report to the Division of Water Resources the existence,
enactment, or modification of an ordinance, resolution, or policy that implements
regional-based water use efficiency standards established by the Division of Water Resources
by rule under Section 
73-10-37
.
Section 2. Section 
17-27a-532
 is amended to read:
17-27a-532.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(d) (i) "Vegetative coverage" means the ground level surface area covered by the
exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the
exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that
can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design
and water application; or
(iii) the use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits,
or has the effect of prohibiting, a property owner from incorporating water wise landscaping on
the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a county from
requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise
landscaping;
(ii) maintain plant material in a healthy condition; 
and
(iii) follow specific water wise landscaping design requirements adopted by the county,
including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to county
operations;
(B) imposes minimum or maximum vegetative coverage standards; or
(C) restricts or prohibits the use of specific plant materials.
(b) A county may not require a property owner to install or keep in place lawn or turf in
an area with a width less than eight feet.
(4) A county shall report to the Division of Water Resources the existence, enactment,
or modification of an ordinance, resolution, or policy that implements regional-based water use
efficiency standards established by the Division of Water Resources by rule under Section
73-10-37
.
Section 3. Section 
73-10-37
 is amended to read:
73-10-37.
Incentives to use water efficient landscaping.
(1) As used in this section:
(a) 
"District" means a water conservancy district, as that term is defined in Section
73-10-32
.
(b)
 "Division" means the Division of Water Resources.
(c) "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)
] 
(d)
 (i) Except as provided in Subsection [
(1)(b)(ii)
] 
(1)(d)(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.
[
(c)
] 
(e)
 "Owner" means an owner of private 
or public
 land where a water end user is
located.
(f) "Program guidelines" means guidelines adopted by a district for the district's
landscaping conversion incentive program.
(g) "Project area" means the area from which lawn or turf is removed and replaced with
water efficient landscaping.
[
(d)
] 
(h)
 "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 aggregate annual cap, the
] 
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 (5)(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 (5)(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 (5)(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 amounts established by the division by rule
under Subsection (5)(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 (5)(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 (5)(b);
and
(ii) accomplish the same objectives as rules made under Subsection (5)(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 of the date on which the owner files the 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 by the division under Subsection (5)(d); or
(B) an unincorporated area of a county that implements regional-based water use
efficiency standards established by the division under Subsection (5)(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
(5) for each square foot of
 lawn or turf [
with drought resistant
] 
converted to water efficient
landscaping
; or
(ii) the maximum aggregate amount established by the division in rule as provided in
Subsection (5)
.
[
(3)
] 
(5)
 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 a 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.
(6) This section does not prohibit a municipality or county from adopting landscaping
standards that would result in greater water efficiency than provided by division rule made
under Subsection (5) if the standards do not conflict with this section or division rules.
(7) The division shall maintain a public website that, at a minimum, provides the status
of a municipal or county ordinance, resolution, or policy that implements regional-based water
use efficiency standards as described in Subsection (4)(c)(ii).
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. 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 - Water Resources
From General Fund
3,000,000
From General Fund, One-time
11,200
Schedule of Programs:
Planning 3,011,200
The Legislature intends that the Division of Water Resources use the $3,000,000
ongoing appropriation for incentives to use water efficient landscaping as outlined in Section
73-10-37
.
Section 5. 
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.