Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 211 First Substitute (2024GS)

Sponsor

Sen. Adams, J. Stuart

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• directs the creation of the Water District Water Development Council (council) under the Interlocal Cooperation Act;
• outlines restrictions on the council;
• provides for the powers and duties of the council;
• requires reporting by the council;
• requires consultation by the council;
• provides for access to documents of state or local agencies;
• amends provisions related to meetings and records of the council;
• addresses the powers and duties of the Board of Water Resources and the Division of Water Resources;
• addresses expenditures from the Water Infrastructure Restricted Account;
• provides for the appointment of the Utah water agent (water agent);
• provides for the powers and duties of the water agent;
• requires reporting by the water agent;

Every vote on this bill

Bill text

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 13, 2024 at 4:02 PM by lpoole.
GENERATIONAL WATER INFRASTRUCTURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
 Mike Schultz
LONG TITLE
General Description:
This bill addresses the development of water resources. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ directs the creation of the Water District Water Development Council (council)
under the Interlocal Cooperation Act;
▸ outlines restrictions on the council;
▸ provides for the powers and duties of the council;
▸ requires reporting by the council;
▸ requires consultation by the council;
▸ provides for access to documents of state or local agencies;
▸ amends provisions related to meetings and records of the council;
▸ addresses the powers and duties of the Board of Water Resources and the Division
of Water Resources;
▸ addresses expenditures from the Water Infrastructure Restricted Account;
▸ provides for the appointment of the Utah water agent (water agent);
▸ provides for the powers and duties of the water agent;
▸ requires reporting by the water agent;
▸ requires consultation by the water agent;
▸ addresses negotiations of the water agent;
▸ amends provisions related to procurement and records of the water agent;
▸ addresses access to documents of state or local agencies;
▸ includes a sunset date regarding the water agent; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2025:
▸ to Governor's Office - Utah Water Agent - Utah Water Agent as a one-time
appropriation:
• from the General Fund, One-time, $3,000,000
▸ to Governor's Office - Utah Water Agent - Utah Water Agent as an ongoing
appropriation:
• from the General Fund, $1,000,000
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-4-103
, as last amended by Laws of Utah 2023, Chapters 139, 374 and 457
63G-2-103
, as last amended by Laws of Utah 2023, Chapters 16, 173, 231, and 516
63G-2-305
, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
63G-6a-107.6
, as last amended by Laws of Utah 2021, Chapter 179
63I-1-273
, as last amended by Laws of Utah 2023, Chapters 205, 261
67-22-2
, as last amended by Laws of Utah 2023, Chapter 205
73-10-3
, as last amended by Laws of Utah 2023, Chapter 140
73-10-4
, as last amended by Laws of Utah 2023, Chapter 140
73-10-18
, as last amended by Laws of Utah 2023, Chapter 140
73-10g-104
, as last amended by Laws of Utah 2023, Chapter 261
ENACTS:
11-13-228
, Utah Code Annotated 1953
73-10g-601
, Utah Code Annotated 1953
73-10g-602
, Utah Code Annotated 1953
73-10g-603
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-13-228
 is enacted to read:
 11-13-228.
Water District Water Development Council.
(1) As used in this section:
(a) "Council" means the Water District Water Development Council created pursuant
to this section.
(b) "Division" means the Division of Water Resources.
(c) "Generational" means sufficient to meet anticipated demand for 50 to 75 years.
(d) "Generational water infrastructure" means physical facilities or other physical
assets designed to meet generational demands for water.
(e) "State or local entity" means:
(i) a department, division, commission, agency, or other instrumentality of state
government; or
(ii) a political subdivision or the political subdivision's instrumentalities.
(f) "Water agent" means the Utah water agent appointed by the governor under Section
73-10g-602
.
(g) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act.
(2) (a) Subject to the provisions of this part, the four largest water conservancy districts
in the state based on operating budgets shall enter into an agreement with one another and the
division to form the Water District Water Development Council as a joint administrator of a
joint or cooperative undertaking.
(b) The members of the council shall consist of:
(i) the general manager or the general manager's designee for each of the water
conservancy districts described in Subsection (2)(a); and
(ii) the director of the division, who will represent the needs of the portions of the state
that are not served by the water conservancy districts in the agreement.
(c) Members of the council may not receive compensation, per diem, or expenses for
service on the council.
(d) The council shall appoint a director to manage operations of the council. The
council shall set the salary for the director and the director serves at the pleasure of the council.
(e) The council shall establish and maintain office space and staff for the council and
the water agent. The water conservancy districts that enter into the agreement shall pay the
costs of the office space and staff that are directly related to the activities of the council,
including staff from a water conservancy district that is assigned to work with the council,
except that, to the extent appropriated by the Legislature, the state shall pay the costs of the
water agent and any costs for non-district staff hired to solely work for the council or water
agent.
(3) (a) The council may not own or operate water infrastructure, but may advise a water
conservancy district that enters into the agreement about the development of generational water
infrastructure by a water conservancy district.
(b) For the generational water needs of the citizens of Utah and within the authorities
given to the water conservancy districts represented on the council in Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act, the council shall jointly plan for generational water
infrastructure and advance the responsible development of water within the jurisdiction of the
water conservancy districts represented on the council to address water users' generational need
for adequate and reliable water supplies, including:
(i) assessing generational water needs based on population growth and economic
development;
(ii) identifying possible sources to meet the generational water needs;
(iii) exploring physical interconnections and joint operations of generational water
infrastructure that exist as of May 1, 2024, and into the future;
(iv) assessing water conservation as a component of generational water supplies and
environmental conservation efforts;
(v) scoping solutions to determine the most viable pathways for meeting generational
water needs;
(vi) collecting and analyzing data necessary to make informed decisions regarding
generational water needs;
(vii) coordinating with other water suppliers within the state as needed;
(viii) making recommendations to the Legislature regarding projects, funding, and
policy changes to provide for generational water needs; and
(ix) annually reporting findings and recommendations to:
(A) the governor;
(B) the president of the Senate;
(C) the speaker of the House of Representatives;
(D) the Legislative Water Development Commission created by Section 
73-27-102
;
(E) the Natural Resources, Agriculture, and Environment Interim Committee; and
(F) the Water Development Coordinating Council created by Sections 
79-2-201
 and
73-10c-3
.
(c) The council shall coordinate with the division regarding the need for generational
water infrastructure and how to meet that need and, as part of this coordination the council
shall assist the division in the division's development of a state water plan under Section
73-10-15
.
(d) The council shall receive input from and coordinate with the water agent.
(e) The council may not levy, assess, or collect ad valorem property taxes or issue
bonds.
(f) The council shall adopt policies for procurement that enable the council to
efficiently fulfill the council's responsibilities under the agreement.
138a 
Ŝ→ 
(g) The council is advisory and may not establish policy for the state.
138b 
(h) The council does not control money used to fund water infrastructure.
 ←Ŝ
(4) Subject to Title 63G, Chapter 2, Government Records Access and Management
Act, upon request of the council, a state or local entity shall provide to the water agent a
document, report, or information available within the state or local entity.
(5) Nothing in this section restricts the ability of a water conservancy district to
contract under Subsection 
17B-2a-1004
(2).
Section 2. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) (a) "Convening" means the calling together of a public body by a person authorized
to do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(b) "Convening" does not include the initiation of a routine conversation between
members of a board of trustees of a large public transit district if the members involved in the
conversation do not, during the conversation, take a tentative or final vote on the matter that is
the subject of the conversation.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging, which means a communication in the form of electronic text or one
or more electronic images sent by the actor from a telephone, computer, or other electronic
communication device to another person's telephone, computer, or electronic communication
device by addressing the communication to the person's telephone number or other electronic
communication access code or number; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) "Fiduciary or commercial information" means information:
(a) related to any subject if disclosure:
(i) would conflict with a fiduciary obligation; or
(ii) is prohibited by insider trading provisions; or
(b) that is commercial in nature including:
(i) account owners or borrowers;
(ii) demographic data;
(iii) contracts and related payments;
(iv) negotiations;
(v) proposals or bids;
(vi) investments;
(vii) management of funds;
(viii) fees and charges;
(ix) plan and program design;
(x) investment options and underlying investments offered to account owners;
(xi) marketing and outreach efforts;
(xii) financial plans; or
(xiii) reviews and audits excluding the final report required under Section 
53B-8a-111
.
(7) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or specified body has
jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering;
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
; or
(iii) a convening of a three-member board of trustees of a large public transit district as
defined in Section 
17B-2a-802
 if:
(A) the board members do not, during the conversation, take a tentative or final vote on
the matter that is the subject of the conversation; or
(B) the conversation pertains only to day-to-day management and operation of the
public transit district.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(8) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(9) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(10) (a) "Public body" means:
(i) any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more persons;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
that term is defined in Section 
53G-7-1101
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity, as that term is defined in Section 
53G-7-1101
.
(b) "Public body" includes:
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
Section 
11-13-103
, except for the Water District Water Development Council created pursuant
to Section 
11-13-228
;
(ii) a governmental nonprofit corporation as that term is defined in Section 
11-13a-102
;
(iii) the Utah Independent Redistricting Commission; and
(iv) a project entity, as that term is defined in Section 
11-13-103
.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, or a sifting committee of the
Legislature;
(iii) a school community council or charter trust land council, as that term is defined in
Section 
53G-7-1203
;
(iv) a taxed interlocal entity, as that term is defined in Section 
11-13-602
, if the taxed
interlocal entity is not a project entity; or
(v) the following Legislative Management subcommittees, which are established in
Section 
36-12-8
, when meeting for the purpose of selecting or evaluating a candidate to
recommend for employment, except that the meeting in which a subcommittee votes to
recommend that a candidate be employed shall be subject to the provisions of this act:
(A) the Research and General Counsel Subcommittee;
(B) the Budget Subcommittee; and
(C) the Audit Subcommittee.
(11) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(12) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken.
(13) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(14) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b) does not include a body listed in Subsection (10)(c)(ii) or (10)(c)(v).
(15) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 3. Section 
63G-2-103
 is amended to read:
63G-2-103.
Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records
for the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of data from the
computer system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the
original data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 
63G-2-304
.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority of
records in a record series would be given if classified and the classification that other records
typically present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, special district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
the Board of Examiners, the National Guard, the Career Service Review Office, the State
Board of Education, the Utah Board of Higher Education, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 
63G-2-701
, this
chapter shall apply to the political subdivision to the extent specified in Section 
63G-2-701
 or
as specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection (11)(a) that is funded or established by the
government to carry out the public's business;
(ii) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking
, except for the Water District Water Development Council created pursuant to
Section 
11-13-228
;
(iii) as defined in Section 
11-13a-102
, a governmental nonprofit corporation;
(iv) an association as defined in Section 
53G-7-1101
;
(v) the Utah Independent Redistricting Commission; and
(vi) a law enforcement agency, as defined in Section 
53-1-102
, that employs one or
more law enforcement officers, as defined in Section 
53-13-103
.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created
in Section 
53B-8a-103
.
(12) "Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection (14)(a)
appears in follow-up or investigative reports, it may only be treated confidentially if it is
private, controlled, protected, or exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(c) Initial contact reports do not include accident reports, as that term is described in
Title 41, Chapter 6a, Part 4, Accident Responsibilities.
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with an order of the State Records Committee.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Personal identifying information" means the same as that term is defined in
Section 
63A-12-100.5
.
(19) "Privacy annotation" means the same as that term is defined in Section
63A-12-100.5
.
(20) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(21) "Private record" means a record containing data on individuals that is private as
provided by Section 
63G-2-302
.
(22) "Protected record" means a record that is classified protected as provided by
Section 
63G-2-305
.
(23) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 
63G-2-201
(3)(b).
(24) "Reasonable search" means a search that is:
(a) reasonable in scope and intensity; and
(b) not unreasonably burdensome for the government entity.
(25) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of physical form
or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the
originator's personal use or for the personal use of an individual for whom the originator is
working;
(x) a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body, other than an association or appeals panel as defined
in Section 
53G-7-1101
, charged by law with performing a quasi-judicial function;
(xii) a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided that the
employee or officer of the governmental entity has designated at least one business telephone
number that is a public record as provided in Section 
63G-2-301
;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 
49-20-103
, to a county to enable the county to calculate the amount to be
paid to a health care provider under Subsection 
17-50-319
(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 
11-42-205
;
(xv) a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under Section 
67-5b-102
;
(xvi) child sexual abuse material, as defined by Section 
76-5b-103
;
(xvii) before final disposition of an ethics complaint occurs, a video or audio recording
of the closed portion of a meeting or hearing of:
(A) a Senate or House Ethics Committee;
(B) the Independent Legislative Ethics Commission;
(C) the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D) the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
; or
(xviii) confidential communication described in Section 
58-60-102
, 
58-61-102
, or
58-61-702
.
(26) "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
(27) "Records officer" means the individual appointed by the chief administrative
officer of each governmental entity, or the political subdivision to work with state archives in
the care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(28) "Schedule," "scheduling," and their derivative forms mean the process of
specifying the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(29) "Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102
; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
(30) "State archives" means the Division of Archives and Records Service created in
Section 
63A-12-101
.
(31) "State archivist" means the director of the state archives.
(32) "State Records Committee" means the State Records Committee created in
Section 
63G-2-501
.
(33) "Summary data" means statistical records and compilations that contain data
derived from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 4. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Health and Human Services that are based
on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
board's jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the statewide database of the Division of Aging and
Adult Services created by Section 
26B-6-210
;
(44) information contained in the Licensing Information System described in Title 80,
Chapter 2, Child Welfare Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26B-2-408
:
(a) information or records held by the Department of Health and Human Services
related to a complaint regarding a child care program or residential child care which the
department is unable to substantiate; and
(b) information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a child care program or
residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
judge meets or exceeds minimum performance standards under Subsection 
78A-12-203
(4), and
information disclosed under Subsection 
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63L-11-202
;
(57) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61) information provided to the Department of Health and Human Services or the
Division of Professional Licensing under Subsections 
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62) a record described in Section 
63G-12-210
;
(63) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(65) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Section 
26B-2-101
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording;
(66) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(68) records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section 
36-12-8
, for an
employment position with the Legislature;
(69) work papers as defined in Section 
31A-2-204
;
(70) a record made available to Adult Protective Services or a law enforcement agency
under Section 
61-1-206
;
(71) a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(72) a record described in Section 
31A-37-503
;
(73) any record created by the Division of Professional Licensing as a result of
Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(74) a record described in Section 
72-16-306
 that relates to the reporting of an injury
involving an amusement ride;
(75) except as provided in Subsection 
63G-2-305.5
(1), the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
(76) except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in
a voter registration record;
(77) except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a
signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
5, Victims Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Section 
31A-48-103
;
(80) personal information, as defined in Section 
63G-26-102
, to the extent disclosure is
prohibited under Section 
63G-26-103
;
(81) an image taken of an individual during the process of booking the individual into
jail, unless:
(a) the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b) a law enforcement agency releases or disseminates the image:
(i) after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist in
apprehending the individual or reducing or eliminating the threat; or
(ii) to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
individual in connection with the criminal investigation or criminal proceeding; or
(c) a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(iii) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(83) any part of an application described in Section 
63N-16-201
 that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
not be used to restrict access to a record evidencing a final contract or approval decision;
(84) the following records of a drinking water or wastewater facility:
(a) an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b) except as provided in Section 
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records described
in Subsection (84)(a);
(85) a statement that an employee of a governmental entity provides to the
governmental entity as part of the governmental entity's personnel or administrative
investigation into potential misconduct involving the employee if the governmental entity:
(a) requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the statement; and
(b) provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(86) any part of an application for a Utah Fits All Scholarship account described in
Section 
53F-6-402
 or other information identifying a scholarship student as defined in Section
53F-6-401
; [
and
]
(87) a record:
(a) concerning a claim to the use of waters in the Great Salt Lake;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the federal
government; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
Salt Lake;
(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii) give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake[
.
]
; and
(88) a record of the Utah water agent, appointed under Section 
73-10g-602
:
(a) concerning a claim to the use of waters;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other government entity as
provided in Title 73, Chapter 10g, Part 6, Utah Water Agent; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water;
(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii) give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water.
Section 5. Section 
63G-6a-107.6
 is amended to read:
63G-6a-107.6.
Exemptions from chapter.
(1) Except for this Subsection (1), the provisions of this chapter do not apply to:
(a) a public entity's acquisition of a procurement item from another public entity; or
(b) a public entity that is not a procurement unit, including the Colorado River
Authority of Utah as provided in Section 
63M-14-210
.
(2) Unless otherwise provided by statute and except for this Subsection (2), the
provisions of this chapter do not apply to the acquisition or disposal of real property or an
interest in real property.
(3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the
provisions of this chapter do not apply to:
(a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
Act;
(b) a grant;
(c) medical supplies or medical equipment, including service agreements for medical
equipment, obtained by the University of Utah Hospital through a purchasing consortium if:
(i) the consortium uses a competitive procurement process; and
(ii) the chief administrative officer of the hospital makes a written finding that the
prices for purchasing medical supplies and medical equipment through the consortium are
competitive with market prices;
(d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
and State Lands, created in Section 
65A-1-4
, through the federal General Services
Administration or the National Fire Cache system;
(e) supplies purchased for resale to the public; [
or
]
(f) activities related to the management of investments by a public entity granted
investment authority by law[
.
]
; or
(g) activities of the Utah water agent appointed under Section 
73-10g-602
.
(4) This chapter does not supersede the requirements for retention or withholding of
construction proceeds and release of construction proceeds as provided in Section 
13-8-5
.
(5) Except for this Subsection (5), the provisions of this chapter do not apply to a
procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in
the procurement unit's dispute resolution efforts.
Section 6. Section 
63I-1-273
 is amended to read:
63I-1-273.
Repeal dates: Title 73.
(1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
January 1, 2031.
(2) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1,
2028.
(3) Title 73, Chapter 10g, Part 6, Utah Water Agent, is repealed July 1, 2034.
[
(3)
] 
(4)
 Section 
73-18-3.5
, which authorizes the Division of Outdoor Recreation to
appoint an advisory council that includes in the advisory council's duties advising on boating
policies, is repealed July 1, 2024.
[
(4)
] 
(5)
 In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
2030:
(a) Subsection 
73-1-4
(2)(e)(xi) is repealed;
(b) Subsection 
73-10-4
(1)(h) is repealed; and
(c) Title 73, Chapter 31, Water Banking Act, is repealed.
[
(5)
] 
(6)
 Sections 
73-32-302
 and 
73-32-303
, related to the Great Salt Lake Advisory
Council, are repealed July 1, 2027.
Section 7. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Services;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of Cultural and Community Engagement;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Planning and Budget;
(xiv) executive director, Department of Government Operations;
(xv) executive director, Department of Environmental Quality;
(xvi) executive director, Governor's Office of Economic Opportunity;
(xvii) executive director, Department of Workforce Services;
(xviii) executive director, Department of Health, Nonphysician;
(xix) executive director, Department of Human Services;
(xx) executive director, Department of Transportation;
(xxi) executive director, Department of Veterans and Military Affairs;
(xxii) executive director, Public Lands Policy Coordinating Office, created in Section
63L-11-201
; [
and
]
(xxiii) Great Salt Lake commissioner, appointed under Section 
73-32-201
[
.
]
; and
(xxiv) Utah water agent, appointed under Section 
73-10g-602
.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the Division of Human Resource Management.
(2) (a) The director of the Division of Human Resource Management shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Division of
Human Resource Management.
(b) (i) The Division of Human Resource Management shall determine the salary range
for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Division of Human Resource Management
may not consider that deputy's salary range in designating the salary range for appointed
executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the Division of Human Resource Management shall set the
maximum salary in the salary range for each of those positions at 90% of the salary for district
judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the Division of Human Resource Management shall set the maximum salary in the
salary range for each of those positions at 100% of the salary for district judges as established
in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii) 
or Subsection (3)(d)
, the governor
shall establish a specific salary for each appointed executive within the range established under
Subsection (2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor
shall establish a salary within the highest physician salary range established by the Division of
Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(d) If under Section 
73-10g-602
 the governor appoints an individual who is an
executive director or director of a state executive branch entity to be the Utah water agent, the
governor shall adjust the salary of the Utah Water Agent to account for salary received as an
executive director or director.
(4) Salaries for other Schedule A employees, as defined in Section 
63A-17-301
, that
are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
Salary Act, shall be established as provided in Section 
63A-17-301
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
Section 8. Section 
73-10-3
 is amended to read:
73-10-3.
Organization of board .
[
(1)
] The board shall elect a chair and one or more vice-chairs who shall be members
of the board, and shall establish the board's own rules of organization and procedure.
[
(2) The board, with the approval of the executive director of the Department of
Natural Resources and the governor, shall designate a representative who may be one of the
board's members to represent the state in interstate conferences between the state and one or
more sister states held for the purpose of entering into compacts between such states for the
division of the waters of interstate rivers, lakes, or other sources of water supply, and to
represent the state upon commissions or other governing bodies provided for by any compacts
that have been or may hereafter be entered into between the state and one or more sister states.
A compact may not become binding upon the state until the compact is ratified and approved
by the Utah State Legislature and the legislatures of other states that are parties to the
compact.
]
[
(3) In acting as such representative of the state, the representative so acting shall act
under the supervision of the governor, through the executive director of the Department of
Natural Resources and of the Board of Water Resources. The director of the Division of
Finance shall fix the salary to be paid to the representative while the representative is acting in
this capacity.
]
[
(4) The designee of the Water Resource Board shall continue to represent the state as
outlined in Subsections (2) and (3) on waters in the state except for:
]
[
(a) the Colorado River system which is governed by Title 63M, Chapter 14, Colorado
River Authority of Utah Act; or
]
[
(b) state representation under:
]
[
(i) the Bear River Compact as provided in Section 
73-16-4
; or
]
[
(ii) the Columbia Interstate Compact as provided in Section 
73-19-9
.
]
Section 9. Section 
73-10-4
 is amended to read:
73-10-4.
Powers and duties of board.
(1) The board shall have the following powers and duties to:
(a) authorize studies, investigations, and plans for the full development, use, and
promotion of the water and power resources of the state, including preliminary surveys, stream
gauging, examinations, tests, and other estimates either separately or in consultation with
federal, state and other agencies;
(b) enter into contracts subject to the provisions of this chapter for the construction of
conservation projects that in the opinion of the board will conserve and use for the best
advantage of the people of this state the water and power resources of the state, including
projects beyond the boundaries of the state of Utah located on interstate waters when the
benefit of such projects accrues to the citizens of the state;
(c) sue and be sued in accordance with applicable law;
(d) [
supervise in cooperation with the governor and the executive director of the
Department of Natural Resources,
] 
cooperate with the Utah water agent, appointed under
Section 
73-10g-602
, in
 matters affecting interstate compact negotiations and the administration
of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with
the exception of:
(i) the waters of the Colorado River system that are governed by Title 63M, Chapter
14, Colorado River Authority of Utah Act; or
(ii) state representation under:
(A) the Bear River Compact as provided in Section 
73-16-4
; or
(B) the Columbia Interstate Compact as provided in Section 
73-19-9
;
(e) contract with federal and other agencies and with the National Water Resources
Association and to make studies, investigations and recommendations and do all other things
on behalf of the state for any purpose that relates to the development, conservation, protection
and control of the water and power resources of the state;
(f) consult and advise with the Utah Water Users' Association and other organized
water users' associations in the state;
(g) consider and make recommendations on behalf of the state of reclamation projects
or other water development projects for construction by any agency of the state or United
States and in so doing recommend the order in which projects shall be undertaken; or
(h) review, approve, and revoke an application to create a water bank under Chapter
31, Water Banking Act, collect an annual report, maintain the water banking website, and
conduct any other function related to a water bank as described in Chapter 31, Water Banking
Act.
(2) Nothing contained in this section shall be construed to impair or otherwise interfere
with the authority of the state engineer granted by this title, except as specifically otherwise
provided in this section.
Section 10. Section 
73-10-18
 is amended to read:
73-10-18.
Division of Water Resources -- Creation -- Power and authority.
(1) There is created the Division of Water Resources, which shall be within the
Department of Natural Resources under the administration and general supervision of the
executive director of the Department of Natural Resources and under the policy direction of the
Board of Water Resources.
(2) Except for the waters of the Colorado River system that are governed by Title 63M,
Chapter 14, Colorado River Authority of Utah Act, or state representation under the Bear River
Compact or Columbia Interstate Compact, the Division of Water Resources shall:
(a) be the water resource authority for the state; and
(b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
water and power board except those which are delegated to the board by this act and is vested
with such other functions, powers, duties, rights and responsibilities as provided in this act and
other law.
(3) Notwithstanding Subsection (2), the Utah water agent, appointed under Section
73-10g-602
, has authority over out-of-state negotiations related to water importation in
accordance with Chapter 10g, Part 6, Utah Water Agent, except when limited by Section
73-10g-603
.
Section 11. Section 
73-10g-104
 is amended to read:
73-10g-104.
Authorized use of the Water Infrastructure Restricted Account.
Money in the restricted account is to be used 
Ŝ→ 
, subject to appropriation,
 ←Ŝ
 for:
(1) the development of the state's undeveloped share of the Bear and Colorado rivers,
pursuant to existing interstate compacts governing both rivers as described in Chapter 26, Bear
River Development Act, and Chapter 28, Lake Powell Pipeline Development Act;
(2) repair, replacement, or improvement of federal water projects for local sponsors in
the state when federal funds are not available;
(3) study and development of rules, criteria, targets, processes, and plans, as described
in Subsection 
73-10g-105
(3); [
and
]
(4) a project that benefits the Colorado River drainage in Utah, including projects for
water reuse, desalinization, building of dams, or water conservation, if a county or municipality
that benefits from the project:
(a) requires a new residential subdivision follow the regional conservation level of .59
acre-feet regardless of whether the outside water is potable, reuse, or secondary water;
(b) adopts and implements the local water conservancy district's emergency drought
contingency plan;
(c) adopts and implements the local water conservancy district's grass rebate program's
maximum grass restrictions;
(d) prohibits grass in new retail, industrial, or commercial facility landscaping;
(e) has reuse water be managed by the local water conservancy district;
(f) does not withdraw water from an aquifer in excess of the safe yield of the aquifer as
defined in Section 
73-5-15
;
(g) adopts and implements excess water use surcharges;
(h) prohibits private water features in new development, such as a fountain, pond, or
ski lake; and
(i) prohibits large grassy areas in new development, unless the large grassy area is open
to the general public[
.
]
; and
(5) a project recommended
Ŝ→ 
to the Legislature
 ←Ŝ
by the Water District Water
1247a 
Development Council, created
in Section 
11-13-228
, for generational water infrastructure, as defined in Section 
11-13-228
.
Section 12. Section 
73-10g-601
 is enacted to read:
Part 6. Utah Water Agent
 73-10g-601.
Definitions.
As used in this part:
(1) "Council" means the Water District Water Development Council created pursuant
to Section 
11-13-228
.
(2) "Division" means the Division of Water Resources.
(3) "State or local entity" means:
(a) a department, division, commission, agency, or other instrumentality of state
government; or
(b) a political subdivision or the political subdivision's instrumentalities.
(4) "Water agent" means the Utah water agent appointed by the governor under Section
73-10g-602
.
Section 13. Section 
73-10g-602
 is enacted to read:
 73-10g-602.
Utah water agent.
(1) (a) The governor shall appoint, with the advice and consent of the Senate, a resident
of this state to be the Utah water agent.
(b) The governor shall consult with the speaker of the House of Representatives and
the president of the Senate before appointing the water agent.
(c) The governor may appoint an individual who is an executive director or director of
a state executive branch entity to be the water agent, and the individual may concurrently serve
in both positions, except that the governor shall adjust the salary of the water agent to account
for salary received as an executive director or director.
(2) The water agent shall serve a term of six years and may be appointed to more than
one term, but is subject to removal at the pleasure of the governor.
(3) Subject to Subsection (1)(c), the governor shall establish the water agent's
compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State
Officer Compensation.
(4) (a) Upon appropriation by the Legislature, state money shall be used for the
administration of this part, including paying the costs of:
(i) subject to Subsection (4)(b), the water agent's administrative, office, and staff
support; and
(ii) reasonable travel expenses.
(b) The water agent shall use office and staffing support provided under Subsection
11-13-228
(2)(e).
Section 14. Section 
73-10g-603
 is enacted to read:
 73-10g-603.
Powers and duties of water agent.
(1) (a) Subject to Subsection (1)(b) and in consultation with the speaker of the House
of Representatives, president of the Senate, and governor, the water agent shall explore and
negotiate with officials of other states, tribes, and other government entities regarding possible
water importation projects, including:
(i) for the citizens of Utah, representing the state concerning waters of out-of-state
rivers, lakes, and other sources of supply of waters except when representation is otherwise
provided in statute;
(ii) identifying potential out-of-state water resources;
(iii) working with the council and division to match the water resources described in
Subsection (1)(a)(ii) to needs identified by the council or division;
(iv) establishing a strategy to designate what out-of-state water resources to pursue and
how to execute that strategy;
(v) negotiating directly with out-of-state partners to execute the strategy described in
Subsection (1)(a)(iv);
(vi) represent the state in interstate conferences between the state and one or more
sister states held for the purpose of entering into compacts between such states for the division
of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the
state upon commissions or other governing bodies provided for by any compacts that have been
or may be entered into between the state and one or more sister states, except that a compact is
not binding on the state until the compact is ratified and approved by the Legislature and the
legislatures of other states that are parties to the compact;
(vii) recommending to the Legislature and to the council actions that may assist in the
development of, strategies for, and execution of water importation projects; and
(viii) annually reporting findings and recommendations to:
(A) the governor;
(B) the president of the Senate;
(C) the speaker of the House of Representatives;
(D) the Legislative Water Development Commission created in Section 
73-27-102
;
(E) the Natural Resources, Agriculture, and Environment Interim Committee; and
(F) the Board of Water Resources created in Section 
73-10-1.5
.
(b) The water agent may not act under this section in relation to interests governed by
interstate compacts in which Utah is a party, such as the 1922 and 1948 Colorado River
Compacts and the 1980 Amended Bear River Compact.
(2) The water agent shall consult and work with the council, state entities, the Colorado
River Authority of Utah, and other bodies established by the state for interstate water
negotiations.
(3) Subject to Title 63G, Chapter 2, Government Records Access and Management
Act, upon request of the water agent, a state or local entity shall provide to the water agent a
document, report, or information available within the state or local entity.
(4) The water agent may negotiate with tribes in accordance with this section, except to
the extent that the water at issue comes from the Colorado River.
(5) This chapter may not be interpreted to override, substitute, or modify a water right
within the state or the role and authority of the state engineer.
Section 15. 
FY 2025 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
fiscal year 2025.
Subsection 15(a). 
Operating and Capital Budgets.
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 Governor's Office - Utah Water Agent
From General Fund, One-time
$3,000,000
From General Fund
$1,000,000
Schedule of Programs:
Utah Water Agent
$4,000,000
The Legislature intends that the one-time appropriation in this bill of $3,000,000 from the
General Fund be nonlapsing.
Section 16. 
Effective date.
This bill takes effect on May 1, 2024.