Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 535 First Substitute (2024GS)

Sponsor

Rep. Kohler, M.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires the Great Salt Lake commissioner (commissioner) to conduct a study concerning municipal water;
• directs the commissioner to consult with certain persons in conducting the study;
• requires that the commissioner publish the study findings;
• requires reporting; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

WATER CONSERVATION MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses a study concerning water conservation.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Great Salt Lake commissioner (commissioner) to conduct a study
concerning municipal water;
▸ directs the commissioner to consult with certain persons in conducting the study;
▸ requires that the commissioner publish the study findings;
▸ requires reporting; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-32-202
, as enacted by Laws of Utah 2023, Chapter 205
ENACTS:
73-32-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-32-202
 is amended to read:
73-32-202.
Duties and authorizations of the commissioner.
(1) The commissioner shall:
(a) subject to Section 
73-32-204
, prepare an approved strategic plan for the long-term
health of the Great Salt Lake and update the strategic plan regularly;
(b) oversee the execution of the strategic plan by other state agencies as provided in
Section 
73-32-203
;
(c) maintain information that measures Great Salt Lake levels, salinity, and overall
health;
(d) meet regularly with the executive director of the department and with the executive
director of the Department of Environmental Quality;
(e) consult with the Division of Forestry, Fire, and State Lands regarding Title 65A,
Chapter 16, Great Salt Lake Watershed Enhancement Program;
(f) monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great
Salt Lake Watershed Integrated Water Assessment;
(g) inform the governor, the president of the Senate, and the speaker of the House of
Representatives, at least annually, about the status of the strategic plan and the progress
regarding implementation of the strategic plan;
(h) at least annually report to the Executive Appropriations Committee regarding the
expenditure of money under this chapter;
(i) coordinate and work collaboratively with water conservancy districts that serve
water users within the Great Salt Lake watershed; [
and
]
(j) annually report to the Natural Resources, Agriculture, and Environment Interim
Committee regarding the activities of the commissioner[
.
]
; and
(k) conduct the study regarding municipal water required by Section 
73-32-205
.
(2) The commissioner may:
(a) access information from other state or federal agencies related to the Great Salt
Lake;
(b) develop cooperative agreements between the state, political subdivisions, and
agencies of the federal government for involvement in the strategic plan;
(c) produce research, documents, maps, studies, analysis, or other information that
supports the strategic plan for the Great Salt Lake;
(d) facilitate and coordinate the exchange of information, comments, and
recommendations on Great Salt Lake policies between and among:
(i) state agencies;
(ii) political subdivisions;
(iii) institutions of higher education that conduct research relevant to the Great Salt
Lake;
(iv) nonprofit entities; and
(v) private business;
(e) communicate with the Great Salt Lake Watershed Council created under Chapter
10g, Part 3, Watershed Councils Act; and
(f) perform other duties that the commissioner considers necessary or expedient to
carry out the purposes of this chapter.
(3) In fulfilling the duties under this chapter, the commissioner shall consult and
coordinate, as necessary, with:
(a) the department;
(b) the Department of Agriculture and Food;
(c) the Department of Environmental Quality;
(d) other applicable state agencies;
(e) political subdivisions of the state;
(f) federal agencies;
(g) elected officials; and
(h) local tribal officials.
Section 2. Section 
73-32-205
 is enacted to read:
 73-32-205.
Study of shepherding municipal water to the Great Salt Lake.
(1) As used in this section:
(a) "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)(a)(ii) through (vi); and
(viii) the drainage area of Tooele Valley.
(b) "Municipal water" means water:
(i) for which a municipality is acting as the distributing agent or that is the property of
the municipality; and
(ii) that is distributed outside of or within the corporate limits of the municipality.
(c) "State agency" means a department, division, board, council, committee, institution,
office, bureau, or other similar administrative unit of the executive branch of state government.
(d) (i) "Water conservation strategy" means a strategy that:
(A) is implemented in accordance with statute, is funded by the state, or is designated
by the commissioner; and
(B) has as an objective reducing the diversion of water that was previously diverted
under a water right.
(ii) "Water conservation strategy" includes:
(A) the use of water banks or other water marketing efforts consistent with Chapter 31,
Water Banking Act;
(B) the grant program funding the installation of secondary water meters under
Sections 
73-10-34
 and 
73-10-34.5
; or
(C) incentives to use water efficient landscaping under Section 
73-10-37
.
(2) The commissioner shall study how to implement water conservation strategies that
affect the Great Salt Lake basin to increase municipal water going into the Great Salt Lake.
(3) As part of the study, the commissioner shall determine:
(a) (i) how the amount of municipal water conserved under a water conservation
strategy may be quantified either by measurement or by the adoption of a good faith
approximation;
(ii) which state agency should be responsible for calculating under Subsection (3)(a)(i)
the amount of municipal water conserved under a water conservation strategy; and
(iii) from whom the state agency described in Subsection (3)(a)(ii) may request
information to calculate the amount of municipal water conserved;
(b) (i) how to develop a list of persons who conserve municipal water by engaging in a
water conservation strategy, regardless of whether the person holds the water right under which
the person uses municipal water;
(ii) which state agency should be responsible for creating and maintaining the list
described in Subsection (3)(b)(i); and
(iii) from whom the state agency described in Subsection (3)(b)(ii) may request
information to create and maintain the list;
(c) how to measure or adopt a good faith approximation of the amount of municipal
water conserved by persons on the list described in Subsection (3)(b) that flows to the Great
Salt Lake;
(d) whether to create a process by which municipal water that flows to the Great Salt
Lake as a result of a water conservation strategy is maintained over time; and
(e) whether other policy or legislative changes to water conservation strategies could
result in greater amounts of municipal water flowing to the Great Salt Lake.
(4) In conducting the study, the commissioner shall consult with state agencies,
municipalities, and a wide range of stakeholders with diverse interests, including those with
expertise in municipal water conservation, storage, use, planning, distribution, and water rights.
(5) The commissioner shall complete the study required by this section by no later than
October 1, 2024, and publish the study findings on a public website.
(6) The commissioner shall report the study findings to the Natural Resources,
Agriculture, and Environment Interim Committee by no later than the 2024 November interim
committee meeting for that committee.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.