1     
LEGISLATIVE WATER DEVELOPMENT COMMISSION

2     
SUNSET AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Keven J. Stratton

6     
Senate Sponsor: Ralph Okerlund

7     

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:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
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
30     REPEALS:
31          73-27-101, as enacted by Laws of Utah 2000, Chapter 124
32     

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, [2021]
37     2031:
38          (1) in Subsection 73-10g-105(3), the language that states "and in consultation with the
39     [State] Legislative Water Development Commission created in Section 73-27-102" is repealed;
40          (2) Subsection 73-10g-203(4)(a) is repealed; and
41          (3) Title 73, Chapter 27, [State] Legislative Water Development Commission, is
42     repealed.
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 [an individual who, or entity that, receives]
57     a person to receive a loan, including the amount of cost-sharing to be the responsibility of the
58     [individual or entity] person applying for a loan;
59          (d) specify the terms of the loan, including the terms of repayment; and
60          (e) require [all applicants] an applicant for a loan to apply on forms provided by the
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 [State] Legislative Water Development Commission created in
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:
84          [(a)] (i) five members of the Senate, appointed by the president of the Senate, no more
85     than four of whom may be from the same political party;
86          [(b)] (ii) eight members of the House of Representatives, appointed by the speaker of
87     the House of Representatives, no more than six of whom may be from the same political party;
88     and
89          [(c)] (iii) subject to Subsections (2)(b) and (c), nonvoting members, appointed by the
90     Legislative Management Committee, [upon recommendation] from a list recommended by the
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)[(c)](a)(iii) shall be appointed or reappointed to a two-year term.
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 [(b)] (ii) that represent
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)[(b)](a)(ii) as a cochair of the commission.
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
115     compensation.
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;
131     and
132          (f) other water issues of statewide importance.
133          (2) The commission shall[: (a)] consult with the Division of Water Resources and the
134     Board of Water Resources regarding:
135          [(i)] (a) recommendations for rules, criteria, targets, processes, and plans described in
136     Subsection 73-10g-105(3); and
137          [(ii)] (b) the scope of any request for proposals that may be issued by the Division of
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)[; and] .
140          [(b) report the recommendations described in Subsection (2)(a) to the Natural
141     Resources, Agriculture, and Environment Interim Committee and the Legislative Management
142     Committee by October 30, 2016.]
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.