Senator Scott K. Jenkins proposes the following substitute bill:


1     
WATER CONSERVATION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott K. Jenkins

5     
House Sponsor: Mike K. McKell

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions related to landscaping and water conservation plans.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses a municipality's or a county's authority to require certain types of
13     landscaping in certain zoning districts;
14          ▸      modifies the required contents of a water conservation plan; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          73-10-32, as last amended by Laws of Utah 2007, Chapter 329
23     ENACTS:
24          10-9a-526, Utah Code Annotated 1953
25          17-27a-525, Utah Code Annotated 1953
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 10-9a-526 is enacted to read:
29          10-9a-526. Landscape regulation.
30          A legislative body may not require that more than 5% of a property be landscaped with
31     vegetation if the property is within a zoning district that is primarily intended for commercial
32     or industrial uses.
33          Section 2. Section 17-27a-525 is enacted to read:
34          17-27a-525. Landscape regulation.
35          A legislative body may not require that more than 5% of a property be landscaped with
36     vegetation if the property is within a zoning district that is primarily intended for commercial
37     or industrial uses.
38          Section 3. Section 73-10-32 is amended to read:
39          73-10-32. Definitions -- Water conservation plan required.
40          (1) As used in this section:
41          (a) "Board" means the Board of Water Resources created under Section 73-10-1.5.
42          (b) "Division" means the Division of Water Resources created under Section 73-10-18.
43          (c) "Retail" means the level of distribution of culinary water that supplies culinary
44     water directly to the end user.
45          (d) "Retail water provider" means an entity which:
46          (i) supplies culinary water to end users; and
47          (ii) has more than 500 service connections.
48          (e) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
49     Part 10, Water Conservancy District Act.
50          (f) "Water conservation plan" means a written document that contains existing and
51     proposed water conservation measures describing what will be done by retail water providers,
52     water conservancy districts, and the end user of culinary water to help conserve water and limit
53     or reduce its use in the state in terms of per capita consumption so that adequate supplies of
54     water are available for future needs.
55          (2) (a) Each water conservation plan shall contain:
56          (i) a clearly stated overall water use reduction goal and an implementation plan for
57     each of the water conservation measures it chooses to use, including a timeline for action and
58     an evaluation process to measure progress;
59          (ii) a requirement that each water conservancy district and retail water provider devote
60     part of at least one regular meeting every five years of its governing body to a discussion and
61     formal adoption of the water conservation plan, and allow public comment on it;
62          (iii) a requirement that a notification procedure be implemented that includes the
63     delivery of the water conservation plan to the media and to the governing body of each
64     municipality and county served by the water conservancy district or retail water provider; [and]
65          (iv) a copy of the minutes of the meeting and the notification procedure required in
66     Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the plan[.]; and
67          [(b) A water conservation plan may include]
68          (v) except as provided in Subsection (2)(c), information regarding:
69          [(i)] (A) the installation and use of water efficient fixtures and appliances, including
70     toilets, shower fixtures, and faucets;
71          [(ii)] (B) residential and commercial landscapes and irrigation that require less water to
72     maintain;
73          [(iii)] (C) more water efficient industrial and commercial processes involving the use
74     of water;
75          [(iv)] (D) water reuse systems, both potable and not potable;
76          [(v)] (E) distribution system leak repair;
77          [(vi)] (F) dissemination of public information regarding more efficient use of water,
78     including public education programs, customer water use audits, and water saving
79     demonstrations;
80          [(vii)] (G) water rate structures designed to encourage more efficient use of water;
81          [(viii)] (H) existing or potential statutes, ordinances, codes, or regulations designed to
82     encourage more efficient use of water by means such as water efficient fixtures and water
83     efficient landscapes, including restrictions on grass landscaping;
84          [(ix)] (I) incentives to implement water efficient techniques, including rebates to water
85     users to encourage the implementation of more water efficient measures; and
86          [(x)] (J) other measures designed to conserve water.
87          [(c)] (b) The Division of Water Resources may be contacted for information and
88     technical resources regarding measures listed in [Subsections (2)(b)(i) through (2)(b)(x)]
89     Subsection (2)(a)(v).
90          (c) The requirements described in Subsections (2)(a)(v)(B) through (D) and (G)
91     through (I) do not apply to a water conservancy district.
92          (3) (a) Before April 1, 1999, each water conservancy district and each retail water
93     provider shall:
94          (i) (A) prepare and adopt a water conservation plan if one has not already been
95     adopted; or
96          (B) if the district or provider has already adopted a water conservation plan, review the
97     existing water conservation plan to determine if it should be amended and, if so, amend the
98     water conservation plan; and
99          (ii) file a copy of the water conservation plan or amended water conservation plan with
100     the division.
101          (b) Before adopting or amending a water conservation plan, each water conservancy
102     district or retail water provider shall hold a public hearing with reasonable, advance public
103     notice.
104          (4) (a) The board shall:
105          (i) provide guidelines and technical resources to retail water providers and water
106     conservancy districts to prepare and implement water conservation plans;
107          (ii) investigate alternative measures designed to conserve water; and
108          (iii) report regarding its compliance with the act and impressions of the overall quality
109     of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
110     Committee of the Legislature at its meeting in November 2004.
111          (b) The board shall publish an annual report in a paper of state-wide distribution
112     specifying the retail water providers and water conservancy districts that do not have a current
113     water conservation plan on file with the board at the end of the calendar year.
114          (5) A water conservancy district or retail water provider may only receive state funds
115     for water development if they comply with the requirements of this act.
116          (6) Each water conservancy district and retail water provider specified under
117     Subsection (3)(a) shall:
118          (a) update its water conservation plan no less frequently than every five years; and
119          (b) follow the procedures required under Subsection (3) when updating the water
120     conservation plan.
121          (7) It is the intent of the Legislature that the water conservation plans, amendments to
122     existing water conservation plans, and the studies and report by the board be handled within the
123     existing budgets of the respective entities or agencies.