Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 158 Third Substitute (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions related to determining the basis for an exaction for a water interest imposed by certain local government entities;
• addresses water source protection ordinances; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT WATER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Stephen L. Whyte
LONG TITLE
General Description:
This bill addresses local government's actions related to a water interest.
Highlighted Provisions:
This bill:
▸ modifies provisions related to determining the basis for an exaction for a water
interest imposed by certain local government entities;
▸ addresses water source protection ordinances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-508
, as last amended by Laws of Utah 2016, Chapter 350
17-27a-507
, as last amended by Laws of Utah 2013, Chapter 309
17-41-402.5
, as enacted by Laws of Utah 2009, Chapter 376
17B-1-120
, as enacted by Laws of Utah 2011, Chapter 205
19-4-113
, as last amended by Laws of Utah 2009, Chapter 173
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-508
 is amended to read:
10-9a-508.
Exactions -- Exaction for water interest -- Requirement to offer to
original owner property acquired by exaction.
(1) A municipality may impose an exaction or exactions on development proposed in a
land use application, including, subject to Subsection (3), an exaction for a water interest, if:
(a) an essential link exists between a legitimate governmental interest and each
exaction; and
(b) each exaction is roughly proportionate, both in nature and extent, to the impact of
the proposed development.
(2) If a land use authority imposes an exaction for another governmental entity:
(a) the governmental entity shall request the exaction; and
(b) the land use authority shall transfer the exaction to the governmental entity for
which it was exacted.
(3) (a) (i) [
A
] 
Subject to the requirements of this Subsection (3), a
 municipality shall
base [
any
] 
an
 exaction for a water interest on the culinary water authority's established
calculations of projected water interest requirements.
(ii) Except as described in Subsection (3)(a)(iii), a culinary water authority shall base
an exaction for a culinary water interest on:
(A) consideration of the system-wide minimum sizing standards established for the
culinary water authority by the Division of Drinking Water pursuant to Section 
19-4-114
; and
(B) the number of equivalent residential connections associated with the culinary water
demand for each specific development proposed in the development's land use application,
applying lower exactions for developments with lower equivalent residential connections as
demonstrated by at least five years of usage data for like land uses within the municipality.
(iii) A municipality may impose an exaction for a culinary water interest that results in
less water being exacted than would otherwise be exacted under Subsection (3)(a)(ii) if the
municipality, at the municipality's sole discretion, determines there is good cause to do so.
(iv) A municipality shall make public the methodology used to comply with Subsection
(3)(a)(ii)(B). A land use applicant may appeal to the municipality's governing body an exaction
calculation used by the municipality under Subsection (3)(a)(ii). A land use applicant may
present data and other information that illustrates a need for an exaction recalculation and the
municipality's governing body shall respond with due process.
[
(ii)
] 
(v)
 Upon an applicant's request, the culinary water authority shall provide the
applicant with the basis for the culinary water authority's calculations under Subsection
(3)(a)(i) on which an exaction for a water interest is based.
(b) A municipality may not impose an exaction for a water interest if the culinary water
authority's existing available water interests exceed the water interests needed to meet the
reasonable future water requirement of the public, as determined under Subsection
73-1-4
(2)(f).
(4) (a) If a municipality plans to dispose of surplus real property that was acquired
under this section and has been owned by the municipality for less than 15 years, the
municipality shall first offer to reconvey the property, without receiving additional
consideration, to the person who granted the property to the municipality.
(b) A person to whom a municipality offers to reconvey property under Subsection
(4)(a) has 90 days to accept or reject the municipality's offer.
(c) If a person to whom a municipality offers to reconvey property declines the offer,
the municipality may offer the property for sale.
(d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
a community reinvestment agency.
Section 2. Section 
17-27a-507
 is amended to read:
17-27a-507.
Exactions -- Exaction for water interest -- Requirement to offer to
original owner property acquired by exaction.
(1) A county may impose an exaction or exactions on development proposed in a land
use application, including, subject to Subsection (3), an exaction for a water interest, if:
(a) an essential link exists between a legitimate governmental interest and each
exaction; and
(b) each exaction is roughly proportionate, both in nature and extent, to the impact of
the proposed development.
(2) If a land use authority imposes an exaction for another governmental entity:
(a) the governmental entity shall request the exaction; and
(b) the land use authority shall transfer the exaction to the governmental entity for
which it was exacted.
(3) (a) (i) [
A
] 
Subject to the requirements of this Subsection (3), a
 county or, if
applicable, the county's culinary water authority shall base any exaction for a water interest on
the culinary water authority's established calculations of projected water interest requirements.
(ii) Except as described in Subsection (3)(a)(iii), a culinary water authority shall base
an exaction for a culinary water interest on:
(A) consideration of the system-wide minimum sizing standards established for the
culinary water authority by the Division of Drinking Water pursuant to Section 
19-4-114
; and
(B) the number of equivalent residential connections associated with the culinary water
demand for each specific development proposed in the development's land use application,
applying lower exactions for developments with lower equivalent residential connections as
demonstrated by at least five years of usage data for like land uses within the county.
(iii) A county or culinary water authority may impose an exaction for a culinary water
interest that results in less water being exacted than would otherwise be exacted under
Subsection (3)(a)(ii) if the county or culinary water authority, at the county's or culinary water
authority's sole discretion, determines there is good cause to do so.
(iv) A county shall make public the methodology used to comply with Subsection
(3)(a)(ii)(B). A land use applicant may appeal to the county's governing body an exaction
calculation used by the county or the county's culinary water authority under Subsection
(3)(a)(ii). A land use applicant may present data and other information that illustrates a need
for an exaction recalculation and the county's governing body shall respond with due process.
[
(ii)
] 
(v)
 Upon an applicant's request, the culinary water authority shall provide the
applicant with the basis for the culinary water authority's calculations under Subsection
(3)(a)(i) on which an exaction for a water interest is based.
(b) A county or its culinary water authority may not impose an exaction for a water
interest if the culinary water authority's existing available water interests exceed the water
interests needed to meet the reasonable future water requirement of the public, as determined
under Subsection 
73-1-4
(2)(f).
(4) (a) If a county plans to dispose of surplus real property under Section 
17-50-312
that was acquired under this section and has been owned by the county for less than 15 years,
the county shall first offer to reconvey the property, without receiving additional consideration,
to the person who granted the property to the county.
(b) A person to whom a county offers to reconvey property under Subsection (4)(a) has
90 days to accept or reject the county's offer.
(c) If a person to whom a county offers to reconvey property declines the offer, the
county may offer the property for sale.
(d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
a community development or urban renewal agency.
Section 3. Section 
17-41-402.5
 is amended to read:
17-41-402.5.
Limits on political subdivisions with respect to a vested mining use --
Exception.
(1) A political subdivision may not:
(a) terminate a vested mining use, whether by amortization, the exercise of police
power, or otherwise;
(b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from
exercising the rights permitted under this chapter;
(c) require, for a vested mining use:
(i) a variance;
(ii) a conditional use permit;
(iii) a special exception;
(iv) the establishment or determination of a nonconforming use right; or
(v) any other type of zoning or land use permit; or
(d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance,
conditional use permit, special exception, or other zoning or land use permit issued before May
12, 2009.
(2) Subsection (1) does not prohibit a political subdivision from requiring a vested
mining use to comply with the generally applicable, reasonable health and safety regulations
and building code adopted by the political subdivision including a drinking water protection
zone as defined and limited to [
Subsection
] [
19-4-113
(4)(a)
] 
Subsections 
19-4-113
(5)(a)
 and
(b).
Section 4. Section 
17B-1-120
 is amended to read:
17B-1-120.
Exactions -- Exaction for water interest -- Requirement to offer to
original owner property acquired by exaction.
(1) A local district may impose an exaction on a service received by an applicant,
including, subject to Subsection (2), an exaction for a water interest if:
(a) the local district establishes that a legitimate local district interest makes the
exaction essential; and
(b) the exaction is roughly proportionate, both in nature and extent, to the impact of the
proposed service on the local district.
(2) (a) (i) [
A
] 
Subject to the requirements of this Subsection (2), a
 local district shall
base an exaction for a water interest on the culinary water authority's established calculations of
projected water interest requirements.
(ii) Except as described in Subsection (2)(a)(iii), a culinary water authority shall base
an exaction for a culinary water interest on:
(A) consideration of the system-wide minimum sizing standards established for the
culinary water authority by the Division of Drinking Water pursuant to Section 
19-4-114
; and
(B) the number of equivalent residential connections associated with the culinary water
demand for each specific development proposed in the development's land use application,
applying lower exactions for developments with lower equivalent residential connections as
demonstrated by at least five years of usage data for like land uses within the local district.
(iii) A local district may impose an exaction for a culinary water interest that results in
less water being exacted than would otherwise be exacted under Subsection (2)(a)(ii) if the
local district, at the local district's sole discretion, determines there is good cause to do so.
(iv) A local district shall make public the methodology used to comply with Subsection
(2)(a)(ii)(B). A service applicant may appeal to the local district's governing body an exaction
calculation used by the local district under Subsection (2)(a)(ii). A service applicant may
present data and other information that illustrates a need for an exaction recalculation and the
local district's governing body shall respond with due process.
[
(ii)
] 
(v)
 If requested by a service applicant, the culinary authority shall provide the
basis for the culinary water authority's calculations described in Subsection (2)(a)(i).
(b) A local district may not impose an exaction for a water interest if the culinary water
authority's existing available water interests exceed the water interests needed to meet the
reasonable future water requirement of the public, as determined in accordance with Section
73-1-4
.
(3) (a) If a local district plans to dispose of surplus real property that was acquired
under this section and has been owned by the local district for less than 15 years, the local
district shall offer to reconvey the surplus real property, without receiving additional
consideration, first to a person who granted the real property to the local district.
(b) The person described in Subsection (3)(a) shall, within 90 days after the day on
which a local district makes an offer under Subsection (3)(a), accept or reject the offer.
(c) If a person rejects an offer under Subsection (3)(b), the local district may sell the
real property.
Section 5. Section 
19-4-113
 is amended to read:
19-4-113.
Water source protection ordinance .
(1) As used in this section, "municipality" means the same as that term is defined in
Section 
10-1-104
.
[
(1)
] 
(2)
 (a) Before May 3, 2010, a first or second class county shall:
(i) adopt an ordinance in compliance with this section after:
(A) considering the rules established by the board to protect a watershed or water
source used by a public water system;
(B) consulting with a wholesale water supplier or retail water supplier whose drinking
water source is within the county's jurisdiction;
(C) considering the effect of the proposed ordinance on:
(I) agriculture production within an agricultural protection area created under Title 17,
Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; and
(II) a manufacturing, industrial, or mining operation within the county's jurisdiction;
and
(D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public
Meetings Act; and
(ii) file a copy of the ordinance with the board.
(b) A municipality in a first or second class county may adopt an ordinance that a first
or second class county is required to adopt by this section by following the procedures and
requirements of this section.
[
(2)
] 
(3)
 (a) A county ordinance adopted in accordance with this section applies to the
incorporated and unincorporated areas of the county unless a municipality adopts an ordinance
in accordance with this section.
(b) A municipal ordinance adopted in accordance with this section supercedes, within
the municipality's jurisdiction, a county ordinance adopted in accordance with this section.
[
(3)
] 
(4)
 An ordinance required or authorized by this section at a minimum shall:
(a) designate a drinking water source protection zone in accordance with Subsection
[
(4)
] 
(5)
 for a groundwater source that is:
(i) used by a public water system; and
(ii) located within the county's or municipality's jurisdiction;
(b) contain a zoning provision regulating the storage, handling, use, or production of a
hazardous or toxic substance within a drinking water source protection zone designated under
Subsection [
(3)(a)
] 
(4)(a)
; and
(c) authorize a retail water supplier or wholesale water supplier to seek enforcement of
the ordinance provision required by Subsections [
(3)(a)
] 
(4)(a)
 and (b) in a district court
located within the county or municipality if the county or municipality:
(i) notifies the retail water supplier or wholesale water supplier within 10 days of
receiving notice of a violation of the ordinance that the county or municipality will not seek
enforcement of the ordinance; or
(ii) does not seek enforcement within two days of a notice of violation of the ordinance
when the violation may cause irreparable harm to the groundwater source.
[
(4)
] 
(5)
 A county shall designate a drinking water source protection zone required by
Subsection [
(3)(a)
] 
(4)(a)
 within:
(a) a 100 foot radius from the groundwater source; and
(b) a 250 day groundwater time of travel to the groundwater source if the supplier
calculates the time of travel in the public water system's drinking water source protection plan
in accordance with board rules.
[
(5)
] 
(6)
 A zoning provision required by Subsection [
(3)(b)
] 
(4)(b)
 is not subject to
Subsection 
17-41-402
(3).
[
(6)
] 
(7)
 An ordinance authorized by Section 
10-8-15
 supercedes an ordinance required
or authorized by this section to the extent that the ordinances conflict.
[
(7)
] 
(8)
 The board shall[
:
]
[
(a)
] provide information, guidelines, and technical resources to a county or
municipality preparing and implementing an ordinance in accordance with this section[
; and
]
[
(b) report to the Natural Resources, Agriculture, and Environment Interim Committee
before November 30, 2010 on:
]
[
(i) compliance with this section's requirement to adopt an ordinance to protect a public
drinking water source; and
]
[
(ii) the effectiveness of the ordinance in retaining state primacy in regulating drinking
water
].
(9) A third, fourth, fifth, or sixth class county or a municipality located within a third,
fourth, fifth, or sixth class county may adopt an ordinance in accordance with this section to
establish a drinking water source protection zone and take any other action allowed under this
section.