1     
CAPITOL HILL WATER USAGE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to the State Capitol Preservation Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the State Capitol Preservation Board to reduce the amount of water that is
13     used at the capitol hill complex by 25%;
14          ▸     requires the State Capitol Preservation Board to create and implement a water
15     management plan; and
16          ▸     requires the State Capitol Preservation Board to consult with the Division of Water
17     Resources.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63C-9-301, as last amended by Laws of Utah 2016, Chapters 215 and 245
25          63C-9-402, as last amended by Laws of Utah 2015, Chapter 314
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 63C-9-301 is amended to read:
29          63C-9-301. Board powers -- Subcommittees.
30          (1) The board shall:
31          (a) except as provided in Subsection (2), exercise complete jurisdiction and
32     stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
33          (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
34     capitol hill grounds, and their contents;
35          (c) before October 1 of each year, review and approve the executive director's annual
36     budget request for submittal to the governor and Legislature;
37          (d) by October 1 of each year, prepare and submit a recommended budget request for
38     the upcoming fiscal year for the capitol hill complex to:
39          (i) the governor, through the Governor's Office of Management and Budget; and
40          (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
41     through the Office of Legislative Fiscal Analyst;
42          (e) review and approve the executive director's:
43          (i) annual work plan; and
44          (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
45     capitol hill grounds[; and], including:
46          [(iii)] (A) a furnishings plan for placement and care of objects under the care of the
47     board; and
48          (B) a water management plan;
49          (f) approve all changes to the buildings and their grounds, including:
50          (i) restoration, remodeling, and rehabilitation projects;
51          (ii) usual maintenance program; and
52          (iii) any transfers or loans of objects under the board's care;
53          (g) define and identify all significant aspects of the capitol hill complex, capitol hill
54     facilities, and capitol hill grounds, after consultation with the:
55          (i) Division of Facilities Construction and Management;
56          (ii) State Library Division;
57          (iii) Division of Archives and Records Service;
58          (iv) Division of State History;
59          (v) Office of Museum Services; [and]
60          (vi) Arts Council; and
61          (vii) Division of Water Resources;
62          (h) inventory, define, and identify all significant contents of the buildings and all
63     state-owned items of historical significance that were at one time in the buildings, after
64     consultation with the:
65          (i) Division of Facilities Construction and Management;
66          (ii) State Library Division;
67          (iii) Division of Archives and Records Service;
68          (iv) Division of State History;
69          (v) Office of Museum Services; and
70          (vi) Arts Council;
71          (i) maintain archives relating to the construction and development of the buildings, the
72     contents of the buildings and their grounds, including documents such as plans, specifications,
73     photographs, purchase orders, and other related documents, the original copies of which shall
74     be maintained by the Division of Archives and Records Service;
75          (j) comply with federal and state laws related to program and facility accessibility;
76     [and]
77          (k) exercise leadership in state efforts to promote water conservation; and
78          [(k)] (l) establish procedures for receiving, hearing, and deciding complaints or other
79     issues raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or
80     their use.
81          (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
82     area, as defined in Section 36-5-1, is reserved to the Legislature; and
83          (b) the supervision and control of the governor's area, as defined in Section 67-1-16, is
84     reserved to the governor.
85          (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
86     complex, capitol hill facilities, and capitol hill grounds by following the procedures and
87     requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
88          (b) A violation of a rule relating to the use of the capitol hill complex adopted by the
89     board under the authority of this Subsection (3) is an infraction.
90          (c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
91     to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
92     Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
93     not prohibit prosecution and sentencing for the more serious offense.
94          (d) In addition to any punishment allowed under Subsections (3)(b) and (c), a person
95     who violates a rule adopted by the board under the authority of this Subsection (3) is subject to
96     a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual damages,
97     expenses, and costs related to the violation of the rule that are incurred by the state.
98          (e) The board may take any other legal action allowed by law.
99          (f) The board may not apply this section or rules adopted under the authority of this
100     section in a manner that violates a person's rights under the Utah Constitution or the First
101     Amendment to the United States Constitution, including the right of persons to peaceably
102     assemble.
103          (g) The board shall send proposed rules under this section to the legislative general
104     counsel and the governor's general counsel for review and comment before the board adopts the
105     rules.
106          (4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
107     Procurement Code, but shall adopt procurement rules substantially similar to the requirements
108     of that chapter.
109          (5) The board shall name the House Building, that is defined in Section 36-5-1, the
110     "Rebecca D. Lockhart House Building."
111          (6) (a) The board may:
112          (i) establish subcommittees made up of board members and members of the public to
113     assist and support the executive director in accomplishing the executive director's duties;
114          (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
115          (iii) assign and allocate specific duties and responsibilities to any other state agency, if
116     the other agency agrees to perform the duty or accept the responsibility;
117          (iv) contract with another state agency to provide services;
118          (v) delegate by specific motion of the board any authority granted to it by this section
119     to the executive director;
120          (vi) in conjunction with Salt Lake City, expend money to:
121          (A) improve or maintain public property contiguous to East Capitol Boulevard and
122     capitol hill; and
123          (B) implement water conservation measures at the capitol hill complex;
124          (vii) provide wireless Internet service to the public without a fee in any capitol hill
125     facility; and
126          (viii) when necessary, consult with the:
127          (A) Division of Facilities Construction and Management;
128          (B) State Library Division;
129          (C) Division of Archives and Records Service;
130          (D) Division of State History;
131          (E) Office of Museum Services; [and]
132          (F) Arts Council[.]; and
133          (G) Division of Water Resources.
134          (b) The board's provision of wireless Internet service under Subsection [(5)] (6)(a)(vii)
135     shall be discontinued in the legislative area if the president of the Senate and the speaker of the
136     House of Representatives each submit a signed letter to the board indicating that the service is
137     disruptive to the legislative process and is to be discontinued.
138          (c) If a budget subcommittee is established by the board, the following shall serve as ex
139     officio, nonvoting members of the budget subcommittee:
140          (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
141     of Legislative Fiscal Analyst; and
142          (ii) the executive director of the Governor's Office of Management and Budget, or the
143     executive director's designee, who shall be from the Governor's Office of Management and
144     Budget.
145          (d) If a preservation and maintenance subcommittee is established by the board, the
146     board may, by majority vote, appoint one or each of the following to serve on the
147     subcommittee as voting members of the subcommittee:
148          (i) an architect, who shall be selected from a list of three architects submitted by the
149     American Institute of Architects; [or]
150          (ii) an engineer, who shall be selected from a list of three engineers submitted by the
151     American Civil Engineers Council[.]; or
152          (iii) a water conservation specialist, selected from a list of three water conservation
153     specialists submitted by the Division of Water Resources.
154          (e) If the board establishes any subcommittees, the board may, by majority vote,
155     appoint up to two people who are not members of the board to serve, at the will of the board, as
156     nonvoting members of a subcommittee.
157          (f) Members of each subcommittee shall, at the first meeting of each calendar year,
158     select one individual to act as chair of the subcommittee for a one-year term.
159          (7) (a) The board, and the employees of the board, may not move the office of the
160     governor, lieutenant governor, president of the Senate, speaker of the House of
161     Representatives, or a member of the Legislature from the State Capitol unless the removal is
162     approved by:
163          (i) the governor, in the case of the governor's office;
164          (ii) the lieutenant governor, in the case of the lieutenant governor's office;
165          (iii) the president of the Senate, in the case of the president's office or the office of a
166     member of the Senate; or
167          (iv) the speaker of the House of Representatives, in the case of the speaker's office or
168     the office of a member of the House.
169          (b) The board and the employees of the board have no control over the furniture,
170     furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
171     members of the Legislature except as necessary to inventory or conserve items of historical
172     significance owned by the state.
173          (c) The board and the employees of the board have no control over records and
174     documents produced by or in the custody of a state agency, official, or employee having an
175     office in a building on the capitol hill complex.
176          (d) Except for items identified by the board as having historical significance, and
177     except as provided in Subsection (7)(b), the board and the employees of the board have no
178     control over moveable furnishings and equipment in the custody of a state agency, official, or
179     employee having an office in a building on the capitol hill complex.
180          (8) (a) The board shall, before November 1, 2019, conduct an analysis of water use at
181     the capitol hill complex to determine:
182          (i) the total amount of water that has been used indoors and outdoors for each year in
183     the period beginning January 1, 1998 and ending December 31, 2018;
184          (ii) trends in indoor and outdoor water usage over time at the capitol hill complex,
185     including the relationship between water usage and:
186          (A) variations in weather; and
187          (B) the completion of renovations in capitol hill facilities;
188          (iii) the appropriateness of current water use for landscaping on capitol hill grounds
189     relative to:
190          (A) annual local evapotranspiration; and
191          (B) the landscape of and plant material on capitol hill grounds;
192          (iv) a baseline amount of water used annually at the capitol hill complex, including
193     standards and data to justify the baseline;
194          (v) efficiency standards that may be used to gauge progress toward the water reduction
195     requirements described in Subsection (8)(c)(i); and
196          (vi) opportunities for future water conservation, including potential savings from
197     incorporating more low-water turfgrasses and plant material on capitol hill grounds.
198          (b) Before November 1, 2020, the board shall, with the assistance of the executive
199     director:
200          (i) develop and approve a water management plan that:
201          (A) includes goals and plans regarding how the board will comply with the water
202     reduction requirements described in Subsection (8)(c)(i);
203          (B) is based upon the analysis conducted under Subsection (8)(a); and
204          (C) includes provisions to meter indoor and outdoor water use at the capitol hill
205     complex separately; and
206          (ii) incorporate the water management plan described in Subsection (8)(b)(i) into the
207     master plan described in Subsection 63C-9-402(1).
208          (c) Before November 1, 2025, the board shall:
209          (i) in accordance with the water management plan described in Subsection (8)(b),
210     reduce the amount of water that is used at the capitol hill complex by 25%, compared to the
211     baseline determined under Subsection (8)(a)(iv); and
212          (ii) document progress toward complying with Subsection (8)(c)(i) using the efficiency
213     standards described in Subsection (8)(a)(v).
214          Section 2. Section 63C-9-402 is amended to read:
215          63C-9-402. Executive director -- Duties.
216          The executive director shall:
217          (1) develop, for board approval, a master plan with a projection of at least 20 years
218     concerning the stewardship responsibilities, operation, activities, maintenance, preservation,
219     restoration, and modification of the capitol hill complex, capitol hill facilities, and capitol hill
220     grounds, including, if directed by the board, a plan to restore the buildings to their original
221     architecture;
222          (2) develop, as part of the master plan submitted for board approval, a furnishings plan
223     for the placement and care of objects under the care of the board;
224          (3) (a) assist the board in developing a water management plan by which the board may
225     comply with Subsection 63C-9-301(8)(c); and
226          (b) incorporate the water management plan into the master plan described in
227     Subsection (1);
228          [(3)] (4) prepare, and recommend for board approval, an annual budget and work plan,
229     that is consistent with the master plan, for all work to be performed under this chapter,
230     including usual operations and maintenance and janitorial and preventative maintenance for the
231     capitol hill complex, capitol hill facilities, capitol hill grounds, and their contents;
232          [(4)] (5) develop an operations, maintenance, and janitorial program for the capitol hill
233     complex, capitol hill facilities, capitol hill grounds, and their contents;
234          [(5)] (6) develop a program to purchase or accept by donation, permanent loan, or
235     outside funding items necessary to implement the master plan;
236          [(6)] (7) develop and maintain a registration system and inventory of the contents of
237     the capitol hill facilities and capitol hill grounds and of the original documents relating to the
238     buildings' construction and alteration;
239          [(7)] (8) develop a program to purchase or accept by donation, permanent loan, or
240     outside funding items of historical significance that were at one time in the capitol hill facilities
241     and that are not owned by the state;
242          [(8)] (9) develop a program to locate and acquire state-owned items of historical
243     significance that were at one time in the buildings;
244          [(9)] (10) develop a collections policy regarding the items of historic significance as
245     identified in the registration system and inventory for the approval of the board;
246          [(10)] (11) assist in matters dealing with the preservation of historic materials;
247          [(11)] (12) make recommendations on conservation needs and make arrangements to
248     contract for conservation services for objects of significance;
249          [(12)] (13) make recommendations for the transfer or loan of objects of significance as
250     detailed in the approved collections policy;
251          [(13)] (14) make recommendations to transfer, sell, or otherwise dispose of unused
252     surplus property that is not of significance as defined in the collections policy and by the
253     registration system;
254          [(14)] (15) approve all art and exhibits placed on capitol hill after board approval;
255          [(15)] (16) employ staff to assist [him] the executive director in administering this
256     chapter and direct and coordinate their activities;
257          [(16)] (17) contract for professional services of qualified consultants, including
258     architectural historians, landscape architects with experience in landscape architectural
259     preservation, conservators, historians, historic architects, engineers, artists, exhibit designers,
260     and craftsmen;
261          [(17)] (18) prepare annually a complete and detailed written report for the board that
262     accounts for all funds received and disbursed by the board during the preceding fiscal year;
263          [(18)] (19) develop and manage a visitor services program for capitol hill which shall
264     include public outreach programs, public tours, events, and communication and public relation
265     services; and
266          [(19)] (20) manage and organize all transit and parking programs on the capitol hill
267     complex, except that:
268          (a) the Legislative Management Committee shall direct the executive director's
269     management and organization of transit and parking associated with the legislative area as
270     defined in Section 36-5-1; and
271          (b) the governor shall direct the executive director's management and organization of
272     transit and parking associated with the governor's area as defined in Section 67-1-16.