8 LONG TITLE
9 General Description:
10 This bill addresses the Legislative Water Development Commission.
11 Highlighted Provisions:
12 This bill:
13 ▸ extends the sunset date of the Legislative Water Development Commission;
14 ▸ corrects references to the name of the commission to be the Legislative Water
15 Development Commission;
16 ▸ addresses appointment of nonvoting members of the commission;
17 ▸ addresses duties of the commission;
18 ▸ repeals reference to river districts and a 2016 report; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 63I-1-273, as last amended by Laws of Utah 2019, Chapters 96 and 246
27 73-10g-105, as last amended by Laws of Utah 2019, Chapter 246
28 73-27-102, as last amended by Laws of Utah 2017, Chapter 477
29 73-27-103, as last amended by Laws of Utah 2018, Chapter 418
31 73-27-101, as enacted by Laws of Utah 2000, Chapter 124
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63I-1-273 is amended to read:
35 63I-1-273. Repeal dates, Title 73.
36 In relation to the Legislative Water Development Commission, on January 1, [
38 (1) in Subsection 73-10g-105(3), the language that states "and in consultation with the
40 (2) Subsection 73-10g-203(4)(a) is repealed; and
41 (3) Title 73, Chapter 27, [
43 Section 2. Section 73-10g-105 is amended to read:
44 73-10g-105. Loans -- Rulemaking.
45 (1) (a) The division and the board shall make rules, in accordance with Title 63G,
46 Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available
47 funds to repair, replace, or improve underfunded federal water infrastructure projects.
48 (b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell
49 Pipeline Development Act, the division and the board shall make rules, in accordance with
50 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from
51 available funds to develop the state's undeveloped share of the Bear and Colorado rivers.
52 (2) The rules described in Subsection (1) shall:
53 (a) specify the amount of money that may be loaned;
54 (b) specify the criteria the division and the board shall consider in prioritizing and
55 awarding loans;
56 (c) specify the minimum qualifications for [
57 a person to receive a loan, including the amount of cost-sharing to be the responsibility of the
59 (d) specify the terms of the loan, including the terms of repayment; and
60 (e) require [
61 division and in a manner required by the division.
62 (3) The division and the board shall, in making the rules described in Subsection (1)
63 and in consultation with the [
64 Section 73-27-102:
65 (a) establish criteria for better water data and data reporting;
66 (b) establish new conservation targets based on the data described in Subsection (3)(a);
67 (c) institute a process for the independent verification of the data described in
68 Subsection (3)(a);
69 (d) establish a plan for an independent review of:
70 (i) the proposed construction plan for an applicant's qualifying water infrastructure
71 project; and
72 (ii) the applicant's plan to repay the loan for the construction of the proposed water
73 infrastructure project;
74 (e) invite and recommend public involvement; and
75 (f) set appropriate financing and repayment terms.
76 (4) The division and the board shall provide regular updates to the Legislative
77 Management Committee on the progress made under this section, including whether the
78 division and board intend to issue a request for proposals.
79 Section 3. Section 73-27-102 is amended to read:
80 73-27-102. Legislative Water Development Commission created.
81 (1) The Legislative Water Development Commission is created to determine the state's
82 role in the protection, conservation, and development of the state's water resources.
83 (2) (a) The commission membership shall include:
85 than four of whom may be from the same political party;
87 the House of Representatives, no more than six of whom may be from the same political party;
90 Legislative Management Committee, [
91 cochairs of the commission described in Subsection (5).
92 (b) If the Legislative Management Committee chooses to not appoint an individual on
93 the list described in Subsection (2)(a)(iii), the Legislative Management Committee may ask the
94 cochairs of the commission to submit an additional list of recommendations.
95 (c) The Legislative Management Committee may not appoint an individual who is not
96 recommended by the cochairs of the commission.
97 (3) (a) The members appointed by the Legislative Management Committee under
98 Subsection (2)[
99 (b) When a vacancy occurs in the membership for any reason, the Legislative
100 Management Committee, in consultation with the cochairs of the commission, shall appoint a
101 replacement for the unexpired term.
102 (4) The president of the Senate and the speaker of the House of Representatives shall,
103 to the extent possible, appoint members under Subsections (2)(a)(i) and [
104 both rural and urban areas of the state.
105 (5) (a) The president of the Senate shall designate a member of the Senate appointed
106 under Subsection (2)(a)(i) as a cochair of the commission.
107 (b) The speaker of the House of Representatives shall designate a member of the House
108 of Representatives appointed under Subsection (2)[
109 (6) Attendance by at least 50% of one legislative house and more than 50% of the other
110 legislative house constitutes a quorum.
111 (7) (a) Compensation and expenses of a member of the commission who is a legislator
112 are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation
113 and Expenses.
114 (b) Commission members who are employees of the state shall receive no additional
116 (c) Other commission members shall receive no compensation or expenses for their
117 service on the commission.
118 (8) The Office of Legislative Research and General Counsel shall provide staff support
119 to the commission.
120 Section 4. Section 73-27-103 is amended to read:
121 73-27-103. Duties of commission.
122 (1) The commission shall consider and make recommendations to the Legislature and
123 governor on the following issues:
124 (a) how the water needs of the state's growing agricultural, municipal, and industrial
125 sectors will be met;
126 (b) what the impact of federal regulations and legislation will be on the ability of the
127 state to manage and develop its compacted water rights;
128 (c) how the state will fund water projects;
129 (d) whether the state should become an owner and operator of water projects;
130 (e) how the state will encourage the implementation of water conservation programs;
132 (f) other water issues of statewide importance.
133 (2) The commission shall[
134 Board of Water Resources regarding:
136 Subsection 73-10g-105(3); and
138 Water Resources and Board of Water Resources to assist in creating the rules, criteria, targets,
139 processes, and plans described in Subsection 73-10g-105(3)[
143 (3) The commission may:
144 (a) form one or more working groups from the membership of the commission to
145 consider and study the issues described in this section; and
146 (b) meet up to six times per calendar year without approval from the Legislative
147 Management Committee.
148 Section 5. Repealer.
149 This bill repeals:
150 Section 73-27-101, River districts.