H.B. 137

1

STATE FACILITY WATER CONSERVATION
2 PROGRAM
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Larry B. Wiley
6 Senate Sponsor: Peter C. Knudson
7
8 LONG TITLE
9 General Description:
10 This bill creates the State Facility Water Conservation Program.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . creates the State Facility Water Conservation Program to provide:
15 . guidelines, procedures, and design and construction standards to improve water
16 conservation in existing, renovated, and newly constructed state facilities;
17 . information, recommendations, and assistance; and
18 . analysis of water use by state agencies;
19 . directs the Division of Water Resources to:
20 . administer the State Facility Water Conservation Program;
21 . provide funding under certain circumstances to a state agency that implements a
22 conservation measure; and
23 . submit an annual report; and
24 . directs the Division of Water Resources, in collaboration with the Division of
25 Facilities Construction and Management, to establish design and construction
26 standards to improve water conservation.
27 Monies Appropriated in this Bill:

28 This bill appropriates:
29 . as an ongoing appropriation subject to future budget constraints, $500,000 from the
30 General Fund to the Division of Water Resources to be used to implement the State
31 Facility Water Conservation Program.
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 ENACTS:
36 73-10-33, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 73-10-33 is enacted to read:
40 73-10-33. State Facility Water Conservation Program.
41 (1) As used in this section:
42 (a) "Division" means the Division of Water Resources created in Section 73-10-18 .
43 (b) "Program" means the State Facility Water Conservation Program created in this
44 section.
45 (c) "State agency" means an executive, legislative, or judicial branch department,
46 agency, board, commission, or division, including a state institution of higher education as
47 defined in Section 53B-3-102 .
48 (d) (i) "State facility" means a building, structure, or other improvement that is
49 constructed on property owned by the state or a state agency.
50 (ii) "State facility" does not mean:
51 (A) an unoccupied structure that is a component of the state highway system;
52 (B) a privately owned structure that is located on property owned by the state or a state
53 agency; or
54 (C) a structure that is located on land administered by the School and Institutional
55 Trust Lands Administration under a lease, permit, or contract with the School and Institutional
56 Trust Lands Administration.
57 (e) "Water conservation measure" means an action taken or initiated by a state agency
58 that reduces water use at a state facility.

59 (2) There is created a State Facility Water Conservation Program.
60 (3) The division shall develop, administer, and implement the program by:
61 (a) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
62 enacting a rule:
63 (i) that establishes voluntary guidelines and procedures to improve indoor and outdoor
64 water conservation in the maintenance and management of a state facility; and
65 (ii) in collaboration with the Division of Facilities Construction and Management, that
66 establishes mandatory design and construction standards to improve indoor and outdoor water
67 conservation in a state facility that on or after July 1, 2008 is:
68 (A) constructed; or
69 (B) renovated to improve plumbing or landscaping;
70 (b) analyzing water use at a state facility to identify a potential water conservation
71 measure;
72 (c) recommending a water conservation measure;
73 (d) providing information and assistance in implementing a water conservation
74 measure; and
75 (e) expending funds appropriated to implement the program for a water conservation
76 measure.
77 (4) Beginning in 2009, the division shall submit an annual report to the governor and
78 the Capital Facilities and Administrative Services Appropriations Subcommittee by August 1
79 of each year that:
80 (a) details each water conservation project or activity that was implemented as part of
81 the program; and
82 (b) identifies the water conservation projects or activities that the division plans to
83 implement in the future as part of the program.
84 (5) (a) A state agency may request funding or reimbursement from the division for
85 implementation of a water conservation measure.
86 (b) The division may provide funding or reimbursement to a state agency under
87 Subsection (5)(a) based on:
88 (i) the effectiveness of a proposed conservation measure; and
89 (ii) the availability of funds.

90 (6) In expending funds appropriated to implement the program, the division shall use
91 no less than the following percentage of the appropriated amount to pay for the costs of
92 performing the requirements of Subsections (3)(b), (c), (d), and (e):
93 (a) 80% in fiscal year 2008-09;
94 (b) 93% in fiscal year 2009-10; and
95 (c) 95% in a fiscal year following fiscal year 2009-10.
96 Section 2. Appropriation.
97 (1) There is appropriated as an ongoing appropriation subject to future budget
98 constraints, $500,000 from the General Fund for fiscal year 2008-09, to the Division of Water
99 Resources.
100 (2) It is the intent of the Legislature that the Division of Water Resources use the
101 monies appropriated in Subsection (1) to implement the State Facility Water Conservation
102 Program.




Legislative Review Note
as of 1-15-08 11:07 AM

Office of Legislative Research and General Counsel