This document includes House Committee Amendments incorporated into the bill on Fri, Feb 5, 2021 at 10:36 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill addresses Utah's management of Utah's Colorado River system interests.
10 Highlighted Provisions:
11 This bill:
12 ▸ enacts the Colorado River Authority of Utah Act, including:
13 • defining terms;
14 • describing the scope of the chapter;
15 • creating the authority;
16 • providing for the organization and operation of the authority;
17 • establishing the authority's powers and mission;
18 • addressing creation of a management plan;
19 • providing for rulemaking, reporting, and recordkeeping;
20 • addressing authority meetings, including closure of meetings;
21 • authorizing advisory councils;
22 • addressing application of certain state codes;
23 • addressing the river commissioner and chair;
24 • providing for employees, consultants, and other professionals, including an
25 executive director; and
26 • addressing financial operations including creating a restricted account;
27 ▸ adapts implementation of the Colorado River Authority of Utah Act to existing law;
28 and
29 ▸ makes technical changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 This bill provides a special effective date.
34 This bill provides revisor instructions.
35 Utah Code Sections Affected:
36 AMENDS:
37 52-4-205, as last amended by Laws of Utah 2020, Chapters 12 and 201
38 63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
39 and 393
40 63G-6a-103, as last amended by Laws of Utah 2020, Chapters 152, 257, 365 and last
41 amended by Coordination Clause, Laws of Utah 2020, Chapter 365
42 63G-6a-107.6, as enacted by Laws of Utah 2020, Chapter 257
43 63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
44 and 20
45 73-10-3, as last amended by Laws of Utah 1983, Chapter 320
46 73-10-4, as last amended by Laws of Utah 2020, Chapter 342
47 73-10-18, as last amended by Laws of Utah 2016, Chapter 58
48 ENACTS:
49 63M-14-101, Utah Code Annotated 1953
50 63M-14-102, Utah Code Annotated 1953
51 63M-14-103, Utah Code Annotated 1953
52 63M-14-201, Utah Code Annotated 1953
53 63M-14-202, Utah Code Annotated 1953
54 63M-14-203, Utah Code Annotated 1953
55 63M-14-204, Utah Code Annotated 1953
56 63M-14-205, Utah Code Annotated 1953
57 63M-14-206, Utah Code Annotated 1953
58 63M-14-207, Utah Code Annotated 1953
59 63M-14-208, Utah Code Annotated 1953
60 63M-14-209, Utah Code Annotated 1953
61 63M-14-210, Utah Code Annotated 1953
62 63M-14-301, Utah Code Annotated 1953
63 63M-14-302, Utah Code Annotated 1953
64 63M-14-303, Utah Code Annotated 1953
65 63M-14-304, Utah Code Annotated 1953
66 63M-14-305, Utah Code Annotated 1953
67 63M-14-306, Utah Code Annotated 1953
68 63M-14-401, Utah Code Annotated 1953
69 63M-14-402, Utah Code Annotated 1953
70 63M-14-501, Utah Code Annotated 1953
71 63M-14-502, Utah Code Annotated 1953
72 Utah Code Sections Affected by Revisor Instructions:
73 63M-14-203, Utah Code Annotated 1953
74 63M-14-301, Utah Code Annotated 1953
75
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 52-4-205 is amended to read:
78 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
79 meetings.
80 (1) A closed meeting described under Section 52-4-204 may only be held for:
81 (a) except as provided in Subsection (3), discussion of the character, professional
82 competence, or physical or mental health of an individual;
83 (b) strategy sessions to discuss collective bargaining;
84 (c) strategy sessions to discuss pending or reasonably imminent litigation;
85 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
86 including any form of a water right or water shares, if public discussion of the transaction
87 would:
88 (i) disclose the appraisal or estimated value of the property under consideration; or
89 (ii) prevent the public body from completing the transaction on the best possible terms;
90 (e) strategy sessions to discuss the sale of real property, including any form of a water
91 right or water shares, if:
92 (i) public discussion of the transaction would:
93 (A) disclose the appraisal or estimated value of the property under consideration; or
94 (B) prevent the public body from completing the transaction on the best possible terms;
95 (ii) the public body previously gave public notice that the property would be offered for
96 sale; and
97 (iii) the terms of the sale are publicly disclosed before the public body approves the
98 sale;
99 (f) discussion regarding deployment of security personnel, devices, or systems;
100 (g) investigative proceedings regarding allegations of criminal misconduct;
101 (h) as relates to the Independent Legislative Ethics Commission, conducting business
102 relating to the receipt or review of ethics complaints;
103 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
104 Subsection 52-4-204(1)(a)(iii)(C);
105 (j) as relates to the Independent Executive Branch Ethics Commission created in
106 Section 63A-14-202, conducting business relating to an ethics complaint;
107 (k) as relates to a county legislative body, discussing commercial information as
108 defined in Section 59-1-404;
109 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
110 board of directors, discussing fiduciary or commercial information as defined in Section
111 53B-12-102;
112 (m) deliberations, not including any information gathering activities, of a public body
113 acting in the capacity of:
114 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
115 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
116 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
117 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
118 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
119 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
120 Procurement Appeals Board;
121 (n) the purpose of considering information that is designated as a trade secret, as
122 defined in Section 13-24-2, if the public body's consideration of the information is necessary in
123 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
124 (o) the purpose of discussing information provided to the public body during the
125 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
126 the meeting:
127 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
128 disclosed to a member of the public or to a participant in the procurement process; and
129 (ii) the public body needs to review or discuss the information in order to properly
130 fulfill its role and responsibilities in the procurement process;
131 (p) as relates to the governing board of a governmental nonprofit corporation, as that
132 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
133 as a trade secret, as that term is defined in Section 13-24-2, if:
134 (i) public knowledge of the discussion would reasonably be expected to result in injury
135 to the owner of the trade secret; and
136 (ii) discussion of the information is necessary for the governing board to properly
137 discharge the board's duties and conduct the board's business; or
138 (q) a purpose for which a meeting is required to be closed under Subsection (2).
139 (2) The following meetings shall be closed:
140 (a) a meeting of the Health and Human Services Interim Committee to review a fatality
141 review report described in Subsection 62A-16-301(1)(a), and the responses to the report
142 described in Subsections 62A-16-301(2) and (4);
143 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
144 (i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the
145 responses to the report described in Subsections 62A-16-301(2) and (4); or
146 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);
147 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
148 Section 26-7-13, to review and discuss an individual case, as described in Subsection
149 26-7-13(10); [
150 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
151 purpose of advising the Natural Resource Conservation Service of the United States
152 Department of Agriculture on a farm improvement project if the discussed information is
153 protected information under federal law; [
154 (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
155 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
156 26-61a-105[
157 (f) a meeting of the Colorado River Authority of Utah for the purpose of maintaining
158 confidential information concerning an interstate claim to the use of the water in the Colorado
159 River system in a judicial proceeding, administrative proceeding, or negotiation with a
160 representative from another state or the federal government as provided in Section
161 63M-14-208.
162 (3) In a closed meeting, a public body may not:
163 (a) interview a person applying to fill an elected position;
164 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
165 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
166 or
167 (c) discuss the character, professional competence, or physical or mental health of the
168 person whose name was submitted for consideration to fill a midterm vacancy or temporary
169 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
170 Temporary Absence in Elected Office.
171 Section 2. Section 63G-2-305 is amended to read:
172 63G-2-305. Protected records.
173 The following records are protected if properly classified by a governmental entity:
174 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
175 has provided the governmental entity with the information specified in Section 63G-2-309;
176 (2) commercial information or nonindividual financial information obtained from a
177 person if:
178 (a) disclosure of the information could reasonably be expected to result in unfair
179 competitive injury to the person submitting the information or would impair the ability of the
180 governmental entity to obtain necessary information in the future;
181 (b) the person submitting the information has a greater interest in prohibiting access
182 than the public in obtaining access; and
183 (c) the person submitting the information has provided the governmental entity with
184 the information specified in Section 63G-2-309;
185 (3) commercial or financial information acquired or prepared by a governmental entity
186 to the extent that disclosure would lead to financial speculations in currencies, securities, or
187 commodities that will interfere with a planned transaction by the governmental entity or cause
188 substantial financial injury to the governmental entity or state economy;
189 (4) records, the disclosure of which could cause commercial injury to, or confer a
190 competitive advantage upon a potential or actual competitor of, a commercial project entity as
191 defined in Subsection 11-13-103(4);
192 (5) test questions and answers to be used in future license, certification, registration,
193 employment, or academic examinations;
194 (6) records, the disclosure of which would impair governmental procurement
195 proceedings or give an unfair advantage to any person proposing to enter into a contract or
196 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
197 Subsection (6) does not restrict the right of a person to have access to, after the contract or
198 grant has been awarded and signed by all parties:
199 (a) a bid, proposal, application, or other information submitted to or by a governmental
200 entity in response to:
201 (i) an invitation for bids;
202 (ii) a request for proposals;
203 (iii) a request for quotes;
204 (iv) a grant; or
205 (v) other similar document; or
206 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
207 (7) information submitted to or by a governmental entity in response to a request for
208 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
209 the right of a person to have access to the information, after:
210 (a) a contract directly relating to the subject of the request for information has been
211 awarded and signed by all parties; or
212 (b) (i) a final determination is made not to enter into a contract that relates to the
213 subject of the request for information; and
214 (ii) at least two years have passed after the day on which the request for information is
215 issued;
216 (8) records that would identify real property or the appraisal or estimated value of real
217 or personal property, including intellectual property, under consideration for public acquisition
218 before any rights to the property are acquired unless:
219 (a) public interest in obtaining access to the information is greater than or equal to the
220 governmental entity's need to acquire the property on the best terms possible;
221 (b) the information has already been disclosed to persons not employed by or under a
222 duty of confidentiality to the entity;
223 (c) in the case of records that would identify property, potential sellers of the described
224 property have already learned of the governmental entity's plans to acquire the property;
225 (d) in the case of records that would identify the appraisal or estimated value of
226 property, the potential sellers have already learned of the governmental entity's estimated value
227 of the property; or
228 (e) the property under consideration for public acquisition is a single family residence
229 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
230 the property as required under Section 78B-6-505;
231 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
232 compensated transaction of real or personal property including intellectual property, which, if
233 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
234 of the subject property, unless:
235 (a) the public interest in access is greater than or equal to the interests in restricting
236 access, including the governmental entity's interest in maximizing the financial benefit of the
237 transaction; or
238 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
239 the value of the subject property have already been disclosed to persons not employed by or
240 under a duty of confidentiality to the entity;
241 (10) records created or maintained for civil, criminal, or administrative enforcement
242 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
243 release of the records:
244 (a) reasonably could be expected to interfere with investigations undertaken for
245 enforcement, discipline, licensing, certification, or registration purposes;
246 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
247 proceedings;
248 (c) would create a danger of depriving a person of a right to a fair trial or impartial
249 hearing;
250 (d) reasonably could be expected to disclose the identity of a source who is not
251 generally known outside of government and, in the case of a record compiled in the course of
252 an investigation, disclose information furnished by a source not generally known outside of
253 government if disclosure would compromise the source; or
254 (e) reasonably could be expected to disclose investigative or audit techniques,
255 procedures, policies, or orders not generally known outside of government if disclosure would
256 interfere with enforcement or audit efforts;
257 (11) records the disclosure of which would jeopardize the life or safety of an
258 individual;
259 (12) records the disclosure of which would jeopardize the security of governmental
260 property, governmental programs, or governmental recordkeeping systems from damage, theft,
261 or other appropriation or use contrary to law or public policy;
262 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
263 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
264 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
265 (14) records that, if disclosed, would reveal recommendations made to the Board of
266 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
267 Board of Pardons and Parole, or the Department of Human Services that are based on the
268 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
269 jurisdiction;
270 (15) records and audit workpapers that identify audit, collection, and operational
271 procedures and methods used by the State Tax Commission, if disclosure would interfere with
272 audits or collections;
273 (16) records of a governmental audit agency relating to an ongoing or planned audit
274 until the final audit is released;
275 (17) records that are subject to the attorney client privilege;
276 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
277 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
278 quasi-judicial, or administrative proceeding;
279 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
280 from a member of the Legislature; and
281 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
282 legislative action or policy may not be classified as protected under this section; and
283 (b) (i) an internal communication that is part of the deliberative process in connection
284 with the preparation of legislation between:
285 (A) members of a legislative body;
286 (B) a member of a legislative body and a member of the legislative body's staff; or
287 (C) members of a legislative body's staff; and
288 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
289 legislative action or policy may not be classified as protected under this section;
290 (20) (a) records in the custody or control of the Office of Legislative Research and
291 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
292 legislation or contemplated course of action before the legislator has elected to support the
293 legislation or course of action, or made the legislation or course of action public; and
294 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
295 Office of Legislative Research and General Counsel is a public document unless a legislator
296 asks that the records requesting the legislation be maintained as protected records until such
297 time as the legislator elects to make the legislation or course of action public;
298 (21) research requests from legislators to the Office of Legislative Research and
299 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
300 in response to these requests;
301 (22) drafts, unless otherwise classified as public;
302 (23) records concerning a governmental entity's strategy about:
303 (a) collective bargaining; or
304 (b) imminent or pending litigation;
305 (24) records of investigations of loss occurrences and analyses of loss occurrences that
306 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
307 Uninsured Employers' Fund, or similar divisions in other governmental entities;
308 (25) records, other than personnel evaluations, that contain a personal recommendation
309 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
310 personal privacy, or disclosure is not in the public interest;
311 (26) records that reveal the location of historic, prehistoric, paleontological, or
312 biological resources that if known would jeopardize the security of those resources or of
313 valuable historic, scientific, educational, or cultural information;
314 (27) records of independent state agencies if the disclosure of the records would
315 conflict with the fiduciary obligations of the agency;
316 (28) records of an institution within the state system of higher education defined in
317 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
318 retention decisions, and promotions, which could be properly discussed in a meeting closed in
319 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
320 the final decisions about tenure, appointments, retention, promotions, or those students
321 admitted, may not be classified as protected under this section;
322 (29) records of the governor's office, including budget recommendations, legislative
323 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
324 policies or contemplated courses of action before the governor has implemented or rejected
325 those policies or courses of action or made them public;
326 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
327 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
328 recommendations in these areas;
329 (31) records provided by the United States or by a government entity outside the state
330 that are given to the governmental entity with a requirement that they be managed as protected
331 records if the providing entity certifies that the record would not be subject to public disclosure
332 if retained by it;
333 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
334 public body except as provided in Section 52-4-206;
335 (33) records that would reveal the contents of settlement negotiations but not including
336 final settlements or empirical data to the extent that they are not otherwise exempt from
337 disclosure;
338 (34) memoranda prepared by staff and used in the decision-making process by an
339 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
340 other body charged by law with performing a quasi-judicial function;
341 (35) records that would reveal negotiations regarding assistance or incentives offered
342 by or requested from a governmental entity for the purpose of encouraging a person to expand
343 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
344 person or place the governmental entity at a competitive disadvantage, but this section may not
345 be used to restrict access to a record evidencing a final contract;
346 (36) materials to which access must be limited for purposes of securing or maintaining
347 the governmental entity's proprietary protection of intellectual property rights including patents,
348 copyrights, and trade secrets;
349 (37) the name of a donor or a prospective donor to a governmental entity, including an
350 institution within the state system of higher education defined in Section 53B-1-102, and other
351 information concerning the donation that could reasonably be expected to reveal the identity of
352 the donor, provided that:
353 (a) the donor requests anonymity in writing;
354 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
355 classified protected by the governmental entity under this Subsection (37); and
356 (c) except for an institution within the state system of higher education defined in
357 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
358 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
359 over the donor, a member of the donor's immediate family, or any entity owned or controlled
360 by the donor or the donor's immediate family;
361 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
362 73-18-13;
363 (39) a notification of workers' compensation insurance coverage described in Section
364 34A-2-205;
365 (40) (a) the following records of an institution within the state system of higher
366 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
367 or received by or on behalf of faculty, staff, employees, or students of the institution:
368 (i) unpublished lecture notes;
369 (ii) unpublished notes, data, and information:
370 (A) relating to research; and
371 (B) of:
372 (I) the institution within the state system of higher education defined in Section
373 53B-1-102; or
374 (II) a sponsor of sponsored research;
375 (iii) unpublished manuscripts;
376 (iv) creative works in process;
377 (v) scholarly correspondence; and
378 (vi) confidential information contained in research proposals;
379 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
380 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
381 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
382 (41) (a) records in the custody or control of the Office of Legislative Auditor General
383 that would reveal the name of a particular legislator who requests a legislative audit prior to the
384 date that audit is completed and made public; and
385 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
386 Office of the Legislative Auditor General is a public document unless the legislator asks that
387 the records in the custody or control of the Office of Legislative Auditor General that would
388 reveal the name of a particular legislator who requests a legislative audit be maintained as
389 protected records until the audit is completed and made public;
390 (42) records that provide detail as to the location of an explosive, including a map or
391 other document that indicates the location of:
392 (a) a production facility; or
393 (b) a magazine;
394 (43) information:
395 (a) contained in the statewide database of the Division of Aging and Adult Services
396 created by Section 62A-3-311.1; or
397 (b) received or maintained in relation to the Identity Theft Reporting Information
398 System (IRIS) established under Section 67-5-22;
399 (44) information contained in the Management Information System and Licensing
400 Information System described in Title 62A, Chapter 4a, Child and Family Services;
401 (45) information regarding National Guard operations or activities in support of the
402 National Guard's federal mission;
403 (46) records provided by any pawn or secondhand business to a law enforcement
404 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
405 Secondhand Merchandise Transaction Information Act;
406 (47) information regarding food security, risk, and vulnerability assessments performed
407 by the Department of Agriculture and Food;
408 (48) except to the extent that the record is exempt from this chapter pursuant to Section
409 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
410 prepared or maintained by the Division of Emergency Management, and the disclosure of
411 which would jeopardize:
412 (a) the safety of the general public; or
413 (b) the security of:
414 (i) governmental property;
415 (ii) governmental programs; or
416 (iii) the property of a private person who provides the Division of Emergency
417 Management information;
418 (49) records of the Department of Agriculture and Food that provides for the
419 identification, tracing, or control of livestock diseases, including any program established under
420 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
421 of Animal Disease;
422 (50) as provided in Section 26-39-501:
423 (a) information or records held by the Department of Health related to a complaint
424 regarding a child care program or residential child care which the department is unable to
425 substantiate; and
426 (b) information or records related to a complaint received by the Department of Health
427 from an anonymous complainant regarding a child care program or residential child care;
428 (51) unless otherwise classified as public under Section 63G-2-301 and except as
429 provided under Section 41-1a-116, an individual's home address, home telephone number, or
430 personal mobile phone number, if:
431 (a) the individual is required to provide the information in order to comply with a law,
432 ordinance, rule, or order of a government entity; and
433 (b) the subject of the record has a reasonable expectation that this information will be
434 kept confidential due to:
435 (i) the nature of the law, ordinance, rule, or order; and
436 (ii) the individual complying with the law, ordinance, rule, or order;
437 (52) the portion of the following documents that contains a candidate's residential or
438 mailing address, if the candidate provides to the filing officer another address or phone number
439 where the candidate may be contacted:
440 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
441 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
442 20A-9-408.5, 20A-9-502, or 20A-9-601;
443 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
444 (c) a notice of intent to gather signatures for candidacy, described in Section
445 20A-9-408;
446 (53) the name, home address, work addresses, and telephone numbers of an individual
447 that is engaged in, or that provides goods or services for, medical or scientific research that is:
448 (a) conducted within the state system of higher education, as defined in Section
449 53B-1-102; and
450 (b) conducted using animals;
451 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
452 Evaluation Commission concerning an individual commissioner's vote on whether or not to
453 recommend that the voters retain a judge including information disclosed under Subsection
454 78A-12-203(5)(e);
455 (55) information collected and a report prepared by the Judicial Performance
456 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
457 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
458 the information or report;
459 (56) records contained in the Management Information System created in Section
460 62A-4a-1003;
461 (57) records provided or received by the Public Lands Policy Coordinating Office in
462 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
463 (58) information requested by and provided to the 911 Division under Section
464 63H-7a-302;
465 (59) in accordance with Section 73-10-33:
466 (a) a management plan for a water conveyance facility in the possession of the Division
467 of Water Resources or the Board of Water Resources; or
468 (b) an outline of an emergency response plan in possession of the state or a county or
469 municipality;
470 (60) the following records in the custody or control of the Office of Inspector General
471 of Medicaid Services, created in Section 63A-13-201:
472 (a) records that would disclose information relating to allegations of personal
473 misconduct, gross mismanagement, or illegal activity of a person if the information or
474 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
475 through other documents or evidence, and the records relating to the allegation are not relied
476 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
477 report or final audit report;
478 (b) records and audit workpapers to the extent they would disclose the identity of a
479 person who, during the course of an investigation or audit, communicated the existence of any
480 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
481 regulation adopted under the laws of this state, a political subdivision of the state, or any
482 recognized entity of the United States, if the information was disclosed on the condition that
483 the identity of the person be protected;
484 (c) before the time that an investigation or audit is completed and the final
485 investigation or final audit report is released, records or drafts circulated to a person who is not
486 an employee or head of a governmental entity for the person's response or information;
487 (d) records that would disclose an outline or part of any investigation, audit survey
488 plan, or audit program; or
489 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
490 investigation or audit;
491 (61) records that reveal methods used by the Office of Inspector General of Medicaid
492 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
493 abuse;
494 (62) information provided to the Department of Health or the Division of Occupational
495 and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
496 58-68-304(3) and (4);
497 (63) a record described in Section 63G-12-210;
498 (64) captured plate data that is obtained through an automatic license plate reader
499 system used by a governmental entity as authorized in Section 41-6a-2003;
500 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
501 victim, including:
502 (a) a victim's application or request for benefits;
503 (b) a victim's receipt or denial of benefits; and
504 (c) any administrative notes or records made or created for the purpose of, or used to,
505 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
506 Reparations Fund;
507 (66) an audio or video recording created by a body-worn camera, as that term is
508 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
509 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
510 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
511 that term is defined in Section 62A-2-101, except for recordings that:
512 (a) depict the commission of an alleged crime;
513 (b) record any encounter between a law enforcement officer and a person that results in
514 death or bodily injury, or includes an instance when an officer fires a weapon;
515 (c) record any encounter that is the subject of a complaint or a legal proceeding against
516 a law enforcement officer or law enforcement agency;
517 (d) contain an officer involved critical incident as defined in Subsection
518 76-2-408(1)(f); or
519 (e) have been requested for reclassification as a public record by a subject or
520 authorized agent of a subject featured in the recording;
521 (67) a record pertaining to the search process for a president of an institution of higher
522 education described in Section 53B-2-102, except for application materials for a publicly
523 announced finalist;
524 (68) an audio recording that is:
525 (a) produced by an audio recording device that is used in conjunction with a device or
526 piece of equipment designed or intended for resuscitating an individual or for treating an
527 individual with a life-threatening condition;
528 (b) produced during an emergency event when an individual employed to provide law
529 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
530 (i) is responding to an individual needing resuscitation or with a life-threatening
531 condition; and
532 (ii) uses a device or piece of equipment designed or intended for resuscitating an
533 individual or for treating an individual with a life-threatening condition; and
534 (c) intended and used for purposes of training emergency responders how to improve
535 their response to an emergency situation;
536 (69) records submitted by or prepared in relation to an applicant seeking a
537 recommendation by the Research and General Counsel Subcommittee, the Budget
538 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
539 employment position with the Legislature;
540 (70) work papers as defined in Section 31A-2-204;
541 (71) a record made available to Adult Protective Services or a law enforcement agency
542 under Section 61-1-206;
543 (72) a record submitted to the Insurance Department in accordance with Section
544 31A-37-201 or 31A-22-653;
545 (73) a record described in Section 31A-37-503[
546 (74) any record created by the Division of Occupational and Professional Licensing as
547 a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
548 (75) a record described in Section 72-16-306 that relates to the reporting of an injury
549 involving an amusement ride;
550 (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
551 on a political petition, or on a request to withdraw a signature from a political petition,
552 including a petition or request described in the following titles:
553 (a) Title 10, Utah Municipal Code;
554 (b) Title 17, Counties;
555 (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
556 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
557 (e) Title 20A, Election Code;
558 (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
559 a voter registration record;
560 (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
561 signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
562 local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
563 (79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
564 5, Victims Guidelines for Prosecutors Act;
565 (80) a record submitted to the Insurance Department under Subsection
566 31A-47-103(1)(b); [
567 (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
568 prohibited under Section 63G-26-103[
569 (82) a record concerning an interstate claim to the use of waters in the Colorado River
570 system in a judicial proceeding, administrative proceeding, or negotiation with a representative
571 from another state or the federal government as provided in Section 63M-14-205.
572 Section 3. Section 63G-6a-103 is amended to read:
573 63G-6a-103. Definitions.
574 As used in this chapter:
575 (1) "Approved vendor" means a person who has been approved for inclusion on an
576 approved vendor list through the approved vendor list process.
577 (2) "Approved vendor list" means a list of approved vendors established under Section
578 63G-6a-507.
579 (3) "Approved vendor list process" means the procurement process described in
580 Section 63G-6a-507.
581 (4) "Bidder" means a person who submits a bid or price quote in response to an
582 invitation for bids.
583 (5) "Bidding process" means the procurement process described in Part 6, Bidding.
584 (6) "Board" means the Utah State Procurement Policy Board, created in Section
585 63G-6a-202.
586 (7) "Building board" means the State Building Board, created in Section 63A-5b-201.
587 (8) "Change directive" means a written order signed by the procurement officer that
588 directs the contractor to suspend work or make changes, as authorized by contract, without the
589 consent of the contractor.
590 (9) "Change order" means a written alteration in specifications, delivery point, rate of
591 delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
592 agreement of the parties to the contract.
593 (10) "Chief procurement officer" means the individual appointed under Subsection
594 63G-6a-302(1).
595 (11) "Conducting procurement unit" means a procurement unit that conducts all
596 aspects of a procurement:
597 (a) except:
598 (i) reviewing a solicitation to verify that it is in proper form; and
599 (ii) causing the publication of a notice of a solicitation; and
600 (b) including:
601 (i) preparing any solicitation document;
602 (ii) appointing an evaluation committee;
603 (iii) conducting the evaluation process, except the process relating to scores calculated
604 for costs of proposals;
605 (iv) selecting and recommending the person to be awarded a contract;
606 (v) negotiating the terms and conditions of a contract, subject to the issuing
607 procurement unit's approval; and
608 (vi) contract administration.
609 (12) "Conservation district" means the same as that term is defined in Section
610 17D-3-102.
611 (13) "Construction project":
612 (a) means a project for the construction, renovation, alteration, improvement, or repair
613 of a public facility on real property, including all services, labor, supplies, and materials for the
614 project; and
615 (b) does not include services and supplies for the routine, day-to-day operation, repair,
616 or maintenance of an existing public facility.
617 (14) "Construction manager/general contractor":
618 (a) means a contractor who enters into a contract:
619 (i) for the management of a construction project; and
620 (ii) that allows the contractor to subcontract for additional labor and materials that are
621 not included in the contractor's cost proposal submitted at the time of the procurement of the
622 contractor's services; and
623 (b) does not include a contractor whose only subcontract work not included in the
624 contractor's cost proposal submitted as part of the procurement of the contractor's services is to
625 meet subcontracted portions of change orders approved within the scope of the project.
626 (15) "Construction subcontractor":
627 (a) means a person under contract with a contractor or another subcontractor to provide
628 services or labor for the design or construction of a construction project;
629 (b) includes a general contractor or specialty contractor licensed or exempt from
630 licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
631 (c) does not include a supplier who provides only materials, equipment, or supplies to a
632 contractor or subcontractor for a construction project.
633 (16) "Contract" means an agreement for a procurement.
634 (17) "Contract administration" means all functions, duties, and responsibilities
635 associated with managing, overseeing, and carrying out a contract between a procurement unit
636 and a contractor, including:
637 (a) implementing the contract;
638 (b) ensuring compliance with the contract terms and conditions by the conducting
639 procurement unit and the contractor;
640 (c) executing change orders;
641 (d) processing contract amendments;
642 (e) resolving, to the extent practicable, contract disputes;
643 (f) curing contract errors and deficiencies;
644 (g) terminating a contract;
645 (h) measuring or evaluating completed work and contractor performance;
646 (i) computing payments under the contract; and
647 (j) closing out a contract.
648 (18) "Contractor" means a person who is awarded a contract with a procurement unit.
649 (19) "Cooperative procurement" means procurement conducted by, or on behalf of:
650 (a) more than one procurement unit; or
651 (b) a procurement unit and a cooperative purchasing organization.
652 (20) "Cooperative purchasing organization" means an organization, association, or
653 alliance of purchasers established to combine purchasing power in order to obtain the best
654 value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
655 (21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
656 contractor is paid a percentage of the total actual expenses or costs in addition to the
657 contractor's actual expenses or costs.
658 (22) "Cost-reimbursement contract" means a contract under which a contractor is
659 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
660 the provisions of this chapter, and a fee, if any.
661 (23) "Days" means calendar days, unless expressly provided otherwise.
662 (24) "Definite quantity contract" means a fixed price contract that provides for a
663 specified amount of supplies over a specified period, with deliveries scheduled according to a
664 specified schedule.
665 (25) "Design professional" means:
666 (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
667 Licensing Act;
668 (b) an individual licensed as a professional engineer or professional land surveyor
669 under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
670 Act; or
671 (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
672 State Certification of Commercial Interior Designers Act.
673 (26) "Design professional procurement process" means the procurement process
674 described in Part 15, Design Professional Services.
675 (27) "Design professional services" means:
676 (a) professional services within the scope of the practice of architecture as defined in
677 Section 58-3a-102;
678 (b) professional engineering as defined in Section 58-22-102;
679 (c) master planning and programming services; or
680 (d) services within the scope of the practice of commercial interior design, as defined
681 in Section 58-86-102.
682 (28) "Design-build" means the procurement of design professional services and
683 construction by the use of a single contract.
684 (29) "Division" means the Division of Purchasing and General Services, created in
685 Section 63A-2-101.
686 (30) "Educational procurement unit" means:
687 (a) a school district;
688 (b) a public school, including a local school board or a charter school;
689 (c) the Utah Schools for the Deaf and the Blind;
690 (d) the Utah Education and Telehealth Network;
691 (e) an institution of higher education of the state described in Section 53B-1-102; or
692 (f) the State Board of Education.
693 (31) "Established catalogue price" means the price included in a catalogue, price list,
694 schedule, or other form that:
695 (a) is regularly maintained by a manufacturer or contractor;
696 (b) is published or otherwise available for inspection by customers; and
697 (c) states prices at which sales are currently or were last made to a significant number
698 of any category of buyers or buyers constituting the general buying public for the supplies or
699 services involved.
700 (32) (a) "Executive branch procurement unit" means a department, division, office,
701 bureau, agency, or other organization within the state executive branch.
702 (b) "Executive branch procurement unit" does not include the Colorado River
703 Authority of Utah as provided in Section 63M-14-210.
704 (33) "Facilities division" means the Division of Facilities Construction and
705 Management, created in Section 63A-5b-301.
706 (34) "Fixed price contract" means a contract that provides a price, for each
707 procurement item obtained under the contract, that is not subject to adjustment except to the
708 extent that:
709 (a) the contract provides, under circumstances specified in the contract, for an
710 adjustment in price that is not based on cost to the contractor; or
711 (b) an adjustment is required by law.
712 (35) "Fixed price contract with price adjustment" means a fixed price contract that
713 provides for an upward or downward revision of price, precisely described in the contract, that:
714 (a) is based on the consumer price index or another commercially acceptable index,
715 source, or formula; and
716 (b) is not based on a percentage of the cost to the contractor.
717 (36) "Grant" means an expenditure of public funds or other assistance, or an agreement
718 to expend public funds or other assistance, for a public purpose authorized by law, without
719 acquiring a procurement item in exchange.
720 (37) "Immaterial error":
721 (a) means an irregularity or abnormality that is:
722 (i) a matter of form that does not affect substance; or
723 (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
724 or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
725 (b) includes:
726 (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
727 professional license, bond, or insurance certificate;
728 (ii) a typographical error;
729 (iii) an error resulting from an inaccuracy or omission in the solicitation; and
730 (iv) any other error that the procurement official reasonably considers to be immaterial.
731 (38) "Indefinite quantity contract" means a fixed price contract that:
732 (a) is for an indefinite amount of procurement items to be supplied as ordered by a
733 procurement unit; and
734 (b) (i) does not require a minimum purchase amount; or
735 (ii) provides a maximum purchase limit.
736 (39) "Independent procurement unit" means:
737 (a) (i) a legislative procurement unit;
738 (ii) a judicial branch procurement unit;
739 (iii) an educational procurement unit;
740 (iv) a local government procurement unit;
741 (v) a conservation district;
742 (vi) a local building authority;
743 (vii) a local district;
744 (viii) a public corporation;
745 (ix) a special service district; or
746 (x) the Utah Communications Authority, established in Section 63H-7a-201;
747 (b) the building board or the facilities division, but only to the extent of the
748 procurement authority provided under Title 63A, Chapter 5b, Administration of State
749 Facilities;
750 (c) the attorney general, but only to the extent of the procurement authority provided
751 under Title 67, Chapter 5, Attorney General;
752 (d) the Department of Transportation, but only to the extent of the procurement
753 authority provided under Title 72, Transportation Code; or
754 (e) any other executive branch department, division, office, or entity that has statutory
755 procurement authority outside this chapter, but only to the extent of that statutory procurement
756 authority.
757 (40) "Invitation for bids":
758 (a) means a document used to solicit:
759 (i) bids to provide a procurement item to a procurement unit; or
760 (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
761 (b) includes all documents attached to or incorporated by reference in a document
762 described in Subsection (40)(a).
763 (41) "Issuing procurement unit" means a procurement unit that:
764 (a) reviews a solicitation to verify that it is in proper form;
765 (b) causes the notice of a solicitation to be published; and
766 (c) negotiates and approves the terms and conditions of a contract.
767 (42) "Judicial procurement unit" means:
768 (a) the Utah Supreme Court;
769 (b) the Utah Court of Appeals;
770 (c) the Judicial Council;
771 (d) a state judicial district; or
772 (e) an office, committee, subcommittee, or other organization within the state judicial
773 branch.
774 (43) "Labor hour contract" is a contract under which:
775 (a) the supplies and materials are not provided by, or through, the contractor; and
776 (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
777 profit for a specified number of labor hours or days.
778 (44) "Legislative procurement unit" means:
779 (a) the Legislature;
780 (b) the Senate;
781 (c) the House of Representatives;
782 (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
783 (e) a committee, subcommittee, commission, or other organization:
784 (i) within the state legislative branch; or
785 (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
786 (B) the membership of which includes legislators; and
787 (C) for which the Office of Legislative Research and General Counsel provides staff
788 support.
789 (45) "Local building authority" means the same as that term is defined in Section
790 17D-2-102.
791 (46) "Local district" means the same as that term is defined in Section 17B-1-102.
792 (47) "Local government procurement unit" means:
793 (a) a county or municipality, and each office or agency of the county or municipality,
794 unless the county or municipality adopts its own procurement code by ordinance;
795 (b) a county or municipality that has adopted this entire chapter by ordinance, and each
796 office or agency of that county or municipality; or
797 (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
798 the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
799 office or agency of that county or municipality.
800 (48) "Multiple award contracts" means the award of a contract for an indefinite
801 quantity of a procurement item to more than one person.
802 (49) "Multiyear contract" means a contract that extends beyond a one-year period,
803 including a contract that permits renewal of the contract, without competition, beyond the first
804 year of the contract.
805 (50) "Municipality" means a city, town, or metro township.
806 (51) "Nonadopting local government procurement unit" means:
807 (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
808 Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
809 General Provisions Related to Protest or Appeal; and
810 (b) each office or agency of a county or municipality described in Subsection (51)(a).
811 (52) "Offeror" means a person who submits a proposal in response to a request for
812 proposals.
813 (53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
814 under the requirements of this chapter.
815 (54) "Procure" means to acquire a procurement item through a procurement.
816 (55) "Procurement" means the acquisition of a procurement item through an
817 expenditure of public funds, or an agreement to expend public funds, including an acquisition
818 through a public-private partnership.
819 (56) "Procurement item" means an item of personal property, a technology, a service,
820 or a construction project.
821 (57) "Procurement official" means:
822 (a) for a procurement unit other than an independent procurement unit, the chief
823 procurement officer;
824 (b) for a legislative procurement unit, the individual, individuals, or body designated in
825 a policy adopted by the Legislative Management Committee;
826 (c) for a judicial procurement unit, the Judicial Council or an individual or body
827 designated by the Judicial Council by rule;
828 (d) for a local government procurement unit:
829 (i) the legislative body of the local government procurement unit; or
830 (ii) an individual or body designated by the local government procurement unit;
831 (e) for a local district, the board of trustees of the local district or the board of trustees'
832 designee;
833 (f) for a special service district, the governing body of the special service district or the
834 governing body's designee;
835 (g) for a local building authority, the board of directors of the local building authority
836 or the board of directors' designee;
837 (h) for a conservation district, the board of supervisors of the conservation district or
838 the board of supervisors' designee;
839 (i) for a public corporation, the board of directors of the public corporation or the board
840 of directors' designee;
841 (j) for a school district or any school or entity within a school district, the board of the
842 school district or the board's designee;
843 (k) for a charter school, the individual or body with executive authority over the charter
844 school or the designee of the individual or body;
845 (l) for an institution of higher education described in Section 53B-2-101, the president
846 of the institution of higher education or the president's designee;
847 (m) for the State Board of Education, the State Board of Education or the State Board
848 of Education's designee;
849 (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
850 the designee of the Commissioner of Higher Education;
851 (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
852 executive director of the Utah Communications Authority or the executive director's designee;
853 or
854 (p) (i) for the building board, and only to the extent of procurement activities of the
855 building board as an independent procurement unit under the procurement authority provided
856 under Title 63A, Chapter 5b, Administration of State Facilities, the director of the building
857 board or the director's designee;
858 (ii) for the facilities division, and only to the extent of procurement activities of the
859 facilities division as an independent procurement unit under the procurement authority
860 provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
861 facilities division or the director's designee;
862 (iii) for the attorney general, and only to the extent of procurement activities of the
863 attorney general as an independent procurement unit under the procurement authority provided
864 under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
865 designee;
866 (iv) for the Department of Transportation created in Section 72-1-201, and only to the
867 extent of procurement activities of the Department of Transportation as an independent
868 procurement unit under the procurement authority provided under Title 72, Transportation
869 Code, the executive director of the Department of Transportation or the executive director's
870 designee; or
871 (v) for any other executive branch department, division, office, or entity that has
872 statutory procurement authority outside this chapter, and only to the extent of the procurement
873 activities of the department, division, office, or entity as an independent procurement unit
874 under the procurement authority provided outside this chapter for the department, division,
875 office, or entity, the chief executive officer of the department, division, office, or entity or the
876 chief executive officer's designee.
877 (58) "Procurement unit":
878 (a) means:
879 (i) a legislative procurement unit;
880 (ii) an executive branch procurement unit;
881 (iii) a judicial procurement unit;
882 (iv) an educational procurement unit;
883 (v) the Utah Communications Authority, established in Section 63H-7a-201;
884 (vi) a local government procurement unit;
885 (vii) a local district;
886 (viii) a special service district;
887 (ix) a local building authority;
888 (x) a conservation district;
889 (xi) a public corporation; and
890 (b) does not include a political subdivision created under Title 11, Chapter 13,
891 Interlocal Cooperation Act.
892 (59) "Professional service" means labor, effort, or work that requires specialized
893 knowledge, expertise, and discretion, including labor, effort, or work in the field of:
894 (a) accounting;
895 (b) administrative law judge service;
896 (c) architecture;
897 (d) construction design and management;
898 (e) engineering;
899 (f) financial services;
900 (g) information technology;
901 (h) the law;
902 (i) medicine;
903 (j) psychiatry; or
904 (k) underwriting.
905 (60) "Protest officer" means:
906 (a) for the division or an independent procurement unit:
907 (i) the procurement official;
908 (ii) the procurement official's designee who is an employee of the procurement unit; or
909 (iii) a person designated by rule made by the rulemaking authority; or
910 (b) for a procurement unit other than an independent procurement unit, the chief
911 procurement officer or the chief procurement officer's designee who is an employee of the
912 division .
913 (61) "Public corporation" means the same as that term is defined in Section 63E-1-102.
914 (62) "Public entity" means the state or any other government entity within the state that
915 expends public funds.
916 (63) "Public facility" means a building, structure, infrastructure, improvement, or other
917 facility of a public entity.
918 (64) "Public funds" means money, regardless of its source, including from the federal
919 government, that is owned or held by a procurement unit.
920 (65) "Public transit district" means a public transit district organized under Title 17B,
921 Chapter 2a, Part 8, Public Transit District Act.
922 (66) "Public-private partnership" means an arrangement or agreement, occurring on or
923 after January 1, 2017, between a procurement unit and one or more contractors to provide for a
924 public need through the development or operation of a project in which the contractor or
925 contractors share with the procurement unit the responsibility or risk of developing, owning,
926 maintaining, financing, or operating the project.
927 (67) "Qualified vendor" means a vendor who:
928 (a) is responsible; and
929 (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
930 meets the minimum mandatory requirements, evaluation criteria, and any applicable score
931 thresholds set forth in the request for statement of qualifications.
932 (68) "Real property" means land and any building, fixture, improvement, appurtenance,
933 structure, or other development that is permanently affixed to land.
934 (69) "Request for information" means a nonbinding process through which a
935 procurement unit requests information relating to a procurement item.
936 (70) "Request for proposals" means a document used to solicit proposals to provide a
937 procurement item to a procurement unit, including all other documents that are attached to that
938 document or incorporated in that document by reference.
939 (71) "Request for proposals process" means the procurement process described in Part
940 7, Request for Proposals.
941 (72) "Request for statement of qualifications" means a document used to solicit
942 information about the qualifications of a person interested in responding to a potential
943 procurement, including all other documents attached to that document or incorporated in that
944 document by reference.
945 (73) "Requirements contract" means a contract:
946 (a) under which a contractor agrees to provide a procurement unit's entire requirements
947 for certain procurement items at prices specified in the contract during the contract period; and
948 (b) that:
949 (i) does not require a minimum purchase amount; or
950 (ii) provides a maximum purchase limit.
951 (74) "Responsible" means being capable, in all respects, of:
952 (a) meeting all the requirements of a solicitation; and
953 (b) fully performing all the requirements of the contract resulting from the solicitation,
954 including being financially solvent with sufficient financial resources to perform the contract.
955 (75) "Responsive" means conforming in all material respects to the requirements of a
956 solicitation.
957 (76) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
958 adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
959 that govern the applicable procurement unit.
960 (77) "Rulemaking authority" means:
961 (a) for a legislative procurement unit, the Legislative Management Committee;
962 (b) for a judicial procurement unit, the Judicial Council;
963 (c) (i) only to the extent of the procurement authority expressly granted to the
964 procurement unit by statute:
965 (A) for the building board or the facilities division, the building board;
966 (B) for the Office of the Attorney General, the attorney general;
967 (C) for the Department of Transportation created in Section 72-1-201, the executive
968 director of the Department of Transportation; and
969 (D) for any other executive branch department, division, office, or entity that has
970 statutory procurement authority outside this chapter, the governing authority of the department,
971 division, office, or entity; and
972 (ii) for each other executive branch procurement unit, the board;
973 (d) for a local government procurement unit:
974 (i) the governing body of the local government unit; or
975 (ii) an individual or body designated by the local government procurement unit;
976 (e) for a school district or a public school, the board, except to the extent of a school
977 district's own nonadministrative rules that do not conflict with the provisions of this chapter;
978 (f) for a state institution of higher education, the Utah Board of Higher Education;
979 (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
980 State Board of Education;
981 (h) for a public transit district, the chief executive of the public transit district;
982 (i) for a local district other than a public transit district or for a special service district,
983 the board, except to the extent that the board of trustees of the local district or the governing
984 body of the special service district makes its own rules:
985 (i) with respect to a subject addressed by board rules; or
986 (ii) that are in addition to board rules;
987 (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
988 Board of Higher Education;
989 (k) for the School and Institutional Trust Lands Administration, created in Section
990 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
991 (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
992 the School and Institutional Trust Fund Board of Trustees;
993 (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
994 Utah Communications Authority board, created in Section 63H-7a-203; or
995 (n) for any other procurement unit, the board.
996 (78) "Service":
997 (a) means labor, effort, or work to produce a result that is beneficial to a procurement
998 unit;
999 (b) includes a professional service; and
1000 (c) does not include labor, effort, or work provided under an employment agreement or
1001 a collective bargaining agreement.
1002 (79) "Small purchase process" means the procurement process described in Section
1003 63G-6a-506.
1004 (80) "Sole source contract" means a contract resulting from a sole source procurement.
1005 (81) "Sole source procurement" means a procurement without competition pursuant to
1006 a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
1007 procurement item.
1008 (82) "Solicitation" means an invitation for bids, request for proposals, or request for
1009 statement of qualifications.
1010 (83) "Solicitation response" means:
1011 (a) a bid submitted in response to an invitation for bids;
1012 (b) a proposal submitted in response to a request for proposals; or
1013 (c) a statement of qualifications submitted in response to a request for statement of
1014 qualifications.
1015 (84) "Special service district" means the same as that term is defined in Section
1016 17D-1-102.
1017 (85) "Specification" means any description of the physical or functional characteristics
1018 or of the nature of a procurement item included in an invitation for bids or a request for
1019 proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
1020 (a) a requirement for inspecting or testing a procurement item; or
1021 (b) preparing a procurement item for delivery.
1022 (86) "Standard procurement process" means:
1023 (a) the bidding process;
1024 (b) the request for proposals process;
1025 (c) the approved vendor list process;
1026 (d) the small purchase process; or
1027 (e) the design professional procurement process.
1028 (87) "State cooperative contract" means a contract awarded by the division for and in
1029 behalf of all public entities.
1030 (88) "Statement of qualifications" means a written statement submitted to a
1031 procurement unit in response to a request for statement of qualifications.
1032 (89) "Subcontractor":
1033 (a) means a person under contract to perform part of a contractual obligation under the
1034 control of the contractor, whether the person's contract is with the contractor directly or with
1035 another person who is under contract to perform part of a contractual obligation under the
1036 control of the contractor; and
1037 (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
1038 to a contractor.
1039 (90) "Technology" means the same as "information technology," as defined in Section
1040 63F-1-102.
1041 (91) "Tie bid" means that the lowest responsive bids of responsible bidders are
1042 identical in price.
1043 (92) "Time and materials contract" means a contract under which the contractor is paid:
1044 (a) the actual cost of direct labor at specified hourly rates;
1045 (b) the actual cost of materials and equipment usage; and
1046 (c) an additional amount, expressly described in the contract, to cover overhead and
1047 profit, that is not based on a percentage of the cost to the contractor.
1048 (93) "Transitional costs":
1049 (a) means the costs of changing:
1050 (i) from an existing provider of a procurement item to another provider of that
1051 procurement item; or
1052 (ii) from an existing type of procurement item to another type;
1053 (b) includes:
1054 (i) training costs;
1055 (ii) conversion costs;
1056 (iii) compatibility costs;
1057 (iv) costs associated with system downtime;
1058 (v) disruption of service costs;
1059 (vi) staff time necessary to implement the change;
1060 (vii) installation costs; and
1061 (viii) ancillary software, hardware, equipment, or construction costs; and
1062 (c) does not include:
1063 (i) the costs of preparing for or engaging in a procurement process; or
1064 (ii) contract negotiation or drafting costs.
1065 (94) "Vendor":
1066 (a) means a person who is seeking to enter into a contract with a procurement unit to
1067 provide a procurement item; and
1068 (b) includes:
1069 (i) a bidder;
1070 (ii) an offeror;
1071 (iii) an approved vendor;
1072 (iv) a design professional; and
1073 (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
1074 Section 4. Section 63G-6a-107.6 is amended to read:
1075 63G-6a-107.6. Exemptions from chapter.
1076 (1) Except for this Subsection (1), the provisions of this chapter do not apply to:
1077 (a) a public entity's acquisition of a procurement item from another public entity; or
1078 (b) a public entity that is not a procurement unit, including the Colorado River
1079 Authority of Utah as provided in Section 63M-14-210.
1080 (2) Unless otherwise provided by statute and except for this Subsection (2), the
1081 provisions of this chapter do not apply to the acquisition or disposal of real property or an
1082 interest in real property.
1083 (3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the
1084 provisions of this chapter do not apply to:
1085 (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
1086 Act;
1087 (b) a grant;
1088 (c) medical supplies or medical equipment, including service agreements for medical
1089 equipment, obtained by the University of Utah Hospital through a purchasing consortium if:
1090 (i) the consortium uses a competitive procurement process; and
1091 (ii) the chief administrative officer of the hospital makes a written finding that the
1092 prices for purchasing medical supplies and medical equipment through the consortium are
1093 competitive with market prices;
1094 (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
1095 and State Lands, created in Section 65A-1-4, through the federal General Services
1096 Administration or the National Fire Cache system;
1097 (e) supplies purchased for resale to the public; or
1098 (f) activities related to the management of investments by a public entity granted
1099 investment authority by law.
1100 (4) This chapter does not supersede the requirements for retention or withholding of
1101 construction proceeds and release of construction proceeds as provided in Section 13-8-5.
1102 (5) Except for this Subsection (5), the provisions of this chapter do not apply to a
1103 procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in
1104 the procurement unit's dispute resolution efforts.
1105 Section 5. Section 63J-1-602.2 is amended to read:
1106 63J-1-602.2. List of nonlapsing appropriations to programs.
1107 Appropriations made to the following programs are nonlapsing:
1108 (1) The Legislature and the Legislature's committees.
1109 (2) The State Board of Education, including all appropriations to agencies, line items,
1110 and programs under the jurisdiction of the State Board of Education, in accordance with
1111 Section 53F-9-103.
1112 (3) The Percent-for-Art Program created in Section 9-6-404.
1113 (4) The LeRay McAllister Critical Land Conservation Program created in Section
1114 11-38-301.
1115 (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
1116 Subsection 17-16-21(2)(d)(ii).
1117 (6) The Trip Reduction Program created in Section 19-2a-104.
1118 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
1119 the Pelican Management Act, as provided in Section 23-21a-6.
1120 (8) The emergency medical services grant program in Section 26-8a-207.
1121 (9) The primary care grant program created in Section 26-10b-102.
1122 (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
1123 26-18-3(7).
1124 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
1125 26-46-102.
1126 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
1127 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1128 (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
1129 with Subsection 32B-2-301(8)(a) or (b).
1130 (15) The General Assistance program administered by the Department of Workforce
1131 Services, as provided in Section 35A-3-401.
1132 (16) A new program or agency that is designated as nonlapsing under Section
1133 36-24-101.
1134 (17) The Utah National Guard, created in Title 39, Militia and Armories.
1135 (18) The State Tax Commission under Section 41-1a-1201 for the:
1136 (a) purchase and distribution of license plates and decals; and
1137 (b) administration and enforcement of motor vehicle registration requirements.
1138 (19) The Search and Rescue Financial Assistance Program, as provided in Section
1139 53-2a-1102.
1140 (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1141 (21) The Utah Board of Higher Education for teacher preparation programs, as
1142 provided in Section 53B-6-104.
1143 (22) The Medical Education Program administered by the Medical Education Council,
1144 as provided in Section 53B-24-202.
1145 (23) The Division of Services for People with Disabilities, as provided in Section
1146 62A-5-102.
1147 (24) The Division of Fleet Operations for the purpose of upgrading underground
1148 storage tanks under Section 63A-9-401.
1149 (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1150 (26) Appropriations to the Department of Technology Services for technology
1151 innovation as provided under Section 63F-4-202.
1152 (27) The Office of Administrative Rules for publishing, as provided in Section
1153 63G-3-402.
1154 (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado
1155 River Authority of Utah Act.
1156 [
1157 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1158 [
1159 Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
1160 Employment Expansion Program.
1161 [
1162 described in Section 65A-2-8.
1163 [
1164 provided in Section 67-19-6.
1165 [
1166 fund, as provided in Section 69-2-301.
1167 [
1168 [
1169 in Section 77-10a-19.
1170 [
1171 78A-6-210.
1172 [
1173 [
1174 [
1175 and 78B-6-144.5.
1176 [
1177 Defense Commission.
1178 [
1179 Management under Section 63A-5b-703 under which state agencies receive an appropriation
1180 and pay lease payments for the use and occupancy of buildings owned by the Division of
1181 Facilities Construction and Management.
1182 Section 6. Section 63M-14-101 is enacted to read:
1183
1184
1185 63M-14-101. Title.
1186 This chapter is known as the "Colorado River Authority of Utah Act."
1187 Section 7. Section 63M-14-102 is enacted to read:
1188 63M-14-102.
1189 As used in this chapter:
1190 (1) "Appointing authority" means an authority named in Section 63M-14-202 that
1191 appoints an authority member for a Colorado River authority area.
1192 (2) "Authority" means the Colorado River Authority of Utah created by Section
1193 63M-14-201.
1194 (3) "Authority member" means a person appointed as a member of the authority under
1195 Section 63M-14-202 or designated as a member of the authority.
1196 (4) "Chair" means the chair of the authority.
1197 (5) "Colorado River Basin States" means Arizona, California, Colorado, Nevada, New
1198 Mexico, Utah, and Wyoming.
1199 (6) "Colorado River authority area" means the geographic area designated by
1200 Subsection 63M-14-202(2).
1201 (7) "Colorado River system" means the entire drainage of the Colorado River in Utah
1202 including both the main stem of the Colorado River and the Colorado River's tributaries.
1203 (8) "Law of the river" means the compacts, federal laws, treaties, court decisions and
1204 decrees, contracts, and regulatory guidelines that underlie and authorize the management and
1205 operation of the Colorado River.
1206 (9) "Restricted account" means the Colorado River Authority Restricted Account
1207 created in Section 63M-14-501.
1208 (10) "River commissioner" means the person appointed under Section 63M-14-301.
1209 Section 8. Section 63M-14-103 is enacted to read:
1210 63M-14-103.
1211 (1) This chapter may not be interpreted to override, supersede, or modify any water
1212 right within the state, or the role and authority of the state engineer.
1213 (2) The Division of Water Resources shall coordinate with the authority and river
1214 commissioner in the implementation of this chapter.
1215 Section 9. Section 63M-14-201 is enacted to read:
1216
1217 63M-14-201.
1218 There is created within the governor's office the Colorado River Authority of Utah.
1219 Section 10. Section 63M-14-202 is enacted to read:
1220 63M-14-202. Organization of the authority.
1221 (1) The authority is composed of six authority members:
1222 (a) five authority members who represent Colorado River authority areas; and
1223 (b) one authority member who represents the governor.
1224 (2) The five Colorado River authority areas, defined by existing county boundaries that
1225 reflect the historic and current use of the Colorado River system, include:
1226 (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
1227 Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah
1228 Water Conservancy District;
1229 (b) the Uintah Basin Area composed of Duchesne and Uintah counties,
1230 notwithstanding that these counties fall within the Central Utah Area;
1231 (c) the Price and San Rafael Area composed of Carbon and Emery Counties;
1232 (d) the Virgin River Area composed of Kane and Washington Counties; and
1233 (e) the State of Utah Area that represents:
1234 (i) the remaining counties using the Colorado River system;
1235 (ii) the Department of Natural Resources and the Department of Natural Resources'
1236 divisions; and
1237 (iii) the users of the Colorado River system that are not specifically included in the
1238 other four Colorado River authority areas and include Daggett, Garfield, Grand, San Juan, and
1239 Wayne Counties.
1240 (3) The members of the authority are:
1241 (a) four members appointed as follows:
1242 (i) a representative of the Central Utah Area appointed by the board of trustees of the
1243 Central Utah Water Conservancy District;
1244 (ii) a representative of the Uintah Basin Area appointed jointly by the boards of
1245 trustees of the Duchesne County and Uintah Water Conservancy Districts;
1246 (iii) a representative of the Price and San Rafael Area appointed jointly by the county
1247 commission of Carbon County and the board of trustees of the Emery Water Conservancy
1248 District; and
1249 (iv) a representative of the Virgin River Area appointed by the board of trustees of the
1250 Washington County Water Conservancy District;
1251 (b) the director of the Division of Water Resources as the representative of the State of
1252 Utah Area created in Subsection (2)(e); and
1253 (c) the executive director of the Department of Natural Resources as the representative
1254 of the governor.
1255 (4) A joint appointment required under Subsection (3) requires the agreement of both
1256 appointing authorities before the authority member seat is filled.
1257 (5) An authority member who is appointed under Subsection (3) shall:
1258 (a) be a resident of the state; and
1259 (b) have experience and a general knowledge of:
1260 (i) Colorado River issues and the use of the Colorado River system in the member's
1261 respective Colorado River authority area;
1262 (ii) the development of the use of the waters of the Colorado River system; and
1263 (iii) the rights of this state concerning the resources and benefits of the Colorado River
1264 system.
1265 (6) (a) An appointing authority shall notify the chair of:
1266 (i) the appointing authority's initial appointment to the authority on or before July 1,
1267 2021; and
1268 (ii) the appointment of a new member or when a vacancy is being filled.
1269 (b) An appointment of an authority member is effective when received by the chair.
1270 (c) The initial term of an appointed authority member expires June 30, 2027. Before
1271 June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority
1272 members beginning July 1, 2027, and notify each appointing authority of the duration of the
1273 term of the appointing authority's authority member. The staggering of terms after July 1, 2027,
1274 shall result in approximately one-third of the appointed authority members' terms expiring
1275 every two years. After the respective terms of adjustment are complete, subsequent authority
1276 members shall be appointed by an appointing authority for six-year terms.
1277 (d) An authority member term shall end on June 30. New terms commence on July 1.
1278 (e) An authority member whose term has expired shall serve until replaced or
1279 reappointed by the applicable appointing authority.
1280 (f) An appointing authority may at any time remove the appointing authority's authority
1281 member for neglect of duty or malfeasance in office. If the authority member is jointly
1282 appointed, the authority member may only be removed by joint agreement of both appointing
1283 authorities.
1284 (7) In the event of a vacancy in the authority, the chair shall notify the appointing
1285 authority of the vacancy and ask that an authority member be promptly appointed.
1286 (8) (a) An authority member may not receive compensation or benefits for the
1287 member's service, but may receive per diem and travel expenses in accordance with:
1288 (i) Section 63A-3-106;
1289 (ii) Section 63A-3-107; and
1290 (iii) rules made by the Department of Finance pursuant to Sections 63A-3-106 and
1291 63A-3-107.
1292 (b) If an authority member is a full-time employee with either the state or a water
1293 conservancy district, the authority member is not eligible for the per diem compensation.
1294 (9) The executive director appointed under Section 63M-14-401 shall provide staff
1295 services to the authority.
1296 Section 11. Section 63M-14-203 is enacted to read:
1297 63M-14-203. Authority operation -- Participation of the Department of Natural
1298 Resources.
1299 (1) An authority member has one vote on authority matters.
1300 (2) (a) Four members of the authority constitute a quorum to conduct authority
1301 business.
1302 (b) A vote of four members is needed to pass authority business.
1303 (3) (a) (i) The river commissioner appointed by the governor before the effective date
1304 of this bill shall serve as the chair of the authority until June 30, 2027, if the river
1305 commissioner is a member of the authority.
1306 (ii) Beginning on July 1, 2027, the river commissioner shall be appointed under
1307 Section 63M-14-301 and shall serve as chair of the authority for a term of six years in
1308 accordance with Section 63M-14-302.
1309 (b) The authority may elect other officers such as vice chair, secretary, and treasurer.
1310 (c) The chair, vice chair, secretary, and treasurer are required to be authority members.
1311 (d) Other officers of the authority are not required to be authority members. The
1312 authority shall adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1313 Rulemaking Act, for job responsibilities and terms of offices for the officers appointed under
1314 this Subsection (3)(d).
1315 (e) If an authority officer no longer serves as an officer of the authority, the authority
1316 shall fill the vacancy for the unexpired term of the officer who is no longer serving.
1317 (4) (a) The Department of Natural Resources shall cooperate with the authority.
1318 (b) At the request of the authority, the executive director of the Department of Natural
1319 Resources shall:
1320 (i) provide to the authority data or information collected by the Department of Natural
1321 Resources; and
1322 (ii) ensure that the Department of Natural Resources present information to the
1323 authority.
1324 Section 12. Section 63M-14-204 is enacted to read:
1325 63M-14-204. Authority's general powers and mission -- Management plan.
1326 (1) The authority may advise, support, gather information, and provide input to the
1327 river commissioner.
1328 (2) The mission of the authority is to protect, conserve, use, and develop Utah's waters
1329 of the Colorado River system.
1330 (3) The authority may develop a management plan to ensure that Utah can protect and
1331 develop the Colorado River system and to work to ensure that Utah can live within the state's
1332 apportionment of the Colorado River system.
1333 Section 13. Section 63M-14-205 is enacted to read:
1334 63M-14-205. Records.
1335 (1) The records of the authority and the river commissioner shall be maintained by the
1336 authority.
1337 (2) The authority may designate as protected under Title 63G, Chapter 2, Government
1338 Access and Management Act, a record concerning an interstate claim to the use of waters in the
1339 Colorado River system in a judicial proceeding, administrative proceeding, or negotiation with
1340 a representative from other states or the federal government.
1341 Section 14. Section 63M-14-206 is enacted to read:
1342 63M-14-206. Adoption of rules.
1343 The authority may, in accordance with Title 63G, Chapter 3, Utah Administrative
1344 Rulemaking Act, adopt rules when expressly authorized by this chapter.
1345 Section 15. Section 63M-14-207 is enacted to read:
1346 63M-14-207. Reports.
1347 (1) The authority shall prepare an annual report of the authority's and river
1348 commissioner's activities and submit the report to the following:
1349 (a) the governor, and
1350 (b) the Legislative Management Committee.
1351 (2) The authority shall respond to and participate in meetings as requested by a
1352 legislative committee or by the governor.
1353 Section 16. Section 63M-14-208 is enacted to read:
1354 63M-14-208. Authority meetings.
1355 (1) The authority shall comply with Title 52, Chapter 4, Open and Public Meetings
1356 Act, in holding meetings.
1357 (2) The authority may hold a closed meeting following the procedures of Sections
1358 52-4-204, 52-4-205, and 52-4-206 to maintain confidential information concerning an interstate
1359 claim to the use of the water in the Colorado River system in a judicial proceeding,
1360 administrative proceeding, or negotiation with a representative from another state or the federal
1361 government.
1362 Section 17. Section 63M-14-209 is enacted to read:
1363 63M-14-209. Advisory councils authorized.
1364 The authority may create advisory councils of interested persons.
1365 Section 18. Section 63M-14-210 is enacted to read:
1366 63M-14-210. Application of state laws.
1367 (1) (a) The authority is not an executive branch procurement unit under Title 63G,
1368 Chapter 6a, Utah Procurement Code, and is not subject to that chapter.
1369 (b) The authority shall make by rule a procurement procedure substantially similar to
1370 Title 63G, Chapter 6a, Utah Procurement Code, or a procurement code adopted by an
1371 appointing authority.
1372 (c) The authority may contract with an appointing authority that has a local
1373 procurement procedure to deal with procurement in manner consistent with the rules made
1374 under Subsection (1)(b).
1375 (2) (a) The authority shall comply with Title 67, Chapter 19, Utah State Personnel
1376 Management Act, except as provided in this Subsection (2).
1377 (b) (i) The authority may approve, upon recommendation of the chair, that exemption
1378 for specific positions under Subsections 67-19-12(2) and 67-19-15(1) is required to enable the
1379 authority to efficiently fulfill the authority's responsibilities under the law.
1380 (ii) The chair shall consult with the executive director of the Department of Human
1381 Resource Management before making a recommendation under Subsection (2)(b)(i).
1382 (iii) The position of executive director is exempt under Subsections 67-19-12(2) and
1383 67-19-15(1).
1384 (c) (i) The executive director shall set salaries for exempted positions, except for the
1385 executive director, after consultation with the executive director of the Department of Human
1386 Resource Management, within ranges approved by the authority. The chair shall set the salary
1387 of the executive director.
1388 (ii) The authority and executive director shall consider salaries for similar positions in
1389 private enterprise and other public employment when setting salary ranges.
1390 Section 19. Section 63M-14-301 is enacted to read:
1391
1392 63M-14-301. Appointment of river commissioner.
1393 (1) (a) If the governor appoints the river commissioner before the effective date of this
1394 bill, that appointment expires on June 30, 2027.
1395 (b) If the river commissioner appointed by the governor is also appointed as a member
1396 of the authority, the river commissioner shall serve as the chair of the authority for a term
1397 expiring June 30, 2027.
1398 (c) After June 30, 2027, the authority shall elect a chair, who shall also serve, subject to
1399 the approval of the governor, as the river commissioner.
1400 (2) The term of a river commissioner runs concurrently with the term of the chair as
1401 provided in Sections 63M-14-203 and 63M-14-302.
1402 (3) If the river commissioner no longer serves as river commissioner, the authority
1403 shall fill the vacancy in accordance with Section 63M-14-203.
1404 (4) Notwithstanding Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics
1405 Act, a river commissioner may hold another government position at the same time as being a
1406 river commissioner without creating a conflict of interest.
1407 Section 20. Section 63M-14-302 is enacted to read:
1408 63M-14-302. Term -- Removal of river commissioner.
1409 (1) The term of the river commissioner is six years.
1410 (2) The authority, with the consent of the governor, may remove the river
1411 commissioner if the authority finds that the river commissioner has engaged in neglect of duty
1412 or malfeasance in office. If the river commissioner is removed under this Subsection (2), the
1413 removed river commissioner may not serve as chair of the authority or as a member of the
1414 authority.
1415 Section 21. Section 63M-14-303 is enacted to read:
1416 63M-14-303. Compensation.
1417 The river commissioner shall serve without compensation, but may receive travel
1418 expenses in accordance with:
1419 (1) Section 63A-3-107; and
1420 (2) rules made by the Division of Finance pursuant to Section 63A-3-107.
1421 Section 22. Section 63M-14-304 is enacted to read:
1422 63M-14-304. Duties and powers.
1423 (1) Before legal action on behalf of the state or the users of the waters of the Colorado
1424 River system may be taken under this chapter, the river commissioner shall request that the
1425 governor and attorney general take legal action on behalf of the state and the users of the waters
1426 of the Colorado River system to assure, conserve, protect, and preserve Utah's allocation of the
1427 waters of the Colorado River system as authorized by the law of the river.
1428 (2) Except as provided in Section 63M-14-402, the attorney general shall represent the
1429 river commissioner and the authority, including the authority's members and officers, in all
1430 matters related to the Colorado River. At the request of the authority or the river commissioner,
1431 the attorney general may institute or join legal actions against any party to enforce or defend the
1432 state's rights in matters related to the Colorado River.
1433 (3) The river commissioner shall act for the state and the Utah Colorado River users in
1434 consultations or negotiations with:
1435 (a) the Upper Colorado River Commission;
1436 (b) the states in the Colorado River Compact; and
1437 (c) the government of the United States.
1438 (4) The river commissioner may make and enter into a compact between Utah and
1439 Colorado River Basin States, either jointly or severally. A compact that defines the rights of the
1440 states or of the United States in the waters of the Colorado River system is not binding on Utah
1441 until ratified and approved by:
1442 (a) the Utah State Legislature by joint resolution;
1443 (b) the governor of this state; and
1444 (c) the appropriate federal agency when the federal agency's approval is required.
1445 (5) The river commissioner within the limits of the river commissioner's authority
1446 shall:
1447 (a) represent and act for the state in consultation with other states, the United States,
1448 foreign countries, and private persons, and negotiate and enter into agreements between the
1449 state and those entities, jointly or severally;
1450 (b) represent and act for the state as a member of an interstate or international
1451 commission or other body as may be established relating to the Colorado River system in
1452 transactions with Colorado River Basin States, the federal government, or a foreign country;
1453 and
1454 (c) report to the governor the measures or legislative actions that the river
1455 commissioner considers necessary to carry out the provisions of any law relating to the powers
1456 and duties of the authority.
1457 (6) The river commissioner shall perform the duties imposed by this chapter and
1458 perform all other things the river commissioner considers necessary or expedient to carry out
1459 the purposes of this chapter.
1460 Section 23. Section 63M-14-305 is enacted to read:
1461 63M-14-305. Authority consultation.
1462 (1) The river commissioner shall consult with the authority in exercising the powers
1463 and performing the duties of the river commissioner enumerated in this chapter.
1464 (2) The river commissioner shall report and make recommendations to the authority at
1465 the request of the authority or when the river commissioner considers it proper.
1466 (3) The purpose of consulting with and reporting to the authority is to safeguard and
1467 protect the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the
1468 waters of the Colorado River system.
1469 Section 24. Section 63M-14-306 is enacted to read:
1470 63M-14-306. Investigative powers -- Storage of data relating to the use of the
1471 Colorado River system.
1472 (1) The river commissioner may investigate past, present, and potential uses of the
1473 water of the Colorado River system within and without the state.
1474 (2) The river commissioner shall investigate, coordinate, collate, and preserve
1475 information, facts, and data bearing upon the claims of states and of public or private agencies
1476 within and without the state to and in respect of the water and the use of water of the Colorado
1477 River system.
1478 Section 25. Section 63M-14-401 is enacted to read:
1479
1480 63M-14-401. Executive director.
1481 (1) The chair may hire an executive director.
1482 (2) The executive director:
1483 (a) is responsible for the administering and carrying out the policies of the authority;
1484 (b) shall direct and supervise the technical and administrative activities of the
1485 authority;
1486 (c) subject to the supervision of the chair, is responsible for the conduct of the
1487 administrative function of the river commissioner and the authority; and
1488 (d) shall perform any lawful act necessary to carry out the duties of the authority.
1489 (3) The executive director shall, within the limits of available funding, employ the
1490 employees necessary to carry out the functions and duties of the executive director. The
1491 employees have the duties prescribed by the executive director.
1492 Section 26. Section 63M-14-402 is enacted to read:
1493 63M-14-402. Consultants or other professionals.
1494 To advise the authority on matters relating to the authority, the executive director may:
1495 (1) employ one or more consultants or other professionals; and
1496 (2) employ or retain legal counsel, with the consent of the attorney general, to advise
1497 the authority or river commissioner on matters relating to the authority's or river
1498 commissioner's operations.
1499 Section 27. Section 63M-14-501 is enacted to read:
1500
1501 63M-14-501. Colorado River Authority Restricted Account.
1502 (1) There is created a restricted account in the General Fund known as the "Colorado
1503 River Authority Restricted Account."
1504 (2) The restricted account shall consist of:
1505 (a) money contributed by the following users of the Colorado River system in an
1506 amount that the respective governing bodies considers advisable:
1507 (i) an irrigation district;
1508 (ii) a nonprofit corporation;
1509 (iii) a water conservancy district;
1510 (iv) a municipality; or
1511 (v) a metropolitan water district;
1512 (b) appropriations of the Legislature;
1513 (c) contributions from other sources, including federal funding; and
1514 (d) interest or earnings on the restricted account.
1515 (3) (a) The state treasurer shall invest money in the restricted account according to
1516 Title 51, Chapter 7, State Money Management Act.
1517 (b) The Ĥ→ [
1517a earnings derived from
1518 investment of restricted account money into the restricted account.
1519 (4) Subject to appropriation by the Legislature, money in the restricted account is for
1520 the use of the authority to:
1521 (a) fill the authority's statutory duties related to Utah's allocation of water from the
1522 Colorado River system;
1523 (b) pay the compensation of employees, consultants, and legal counsel; and
1524 (c) pay the travel expenses of the river commissioner.
1525 (5) In addition to money contributed by the users of the Colorado River system
1526 described in Subsection (2)(a), a user may provide in-kind goods and services to the authority.
1527 Section 28. Section 63M-14-502 is enacted to read:
1528 63M-14-502. Budgeting process.
1529 (1) Within the legislative appropriations and in-kind goods and services received by the
1530 authority, the authority shall prepare an annual budget of revenues and expenditures for the
1531 authority for each fiscal year.
1532 (2) The authority may not make expenditures in excess of the total expenditures
1533 established in the annual budget as the budget is adopted or amended.
1534 Section 29. Section 73-10-3 is amended to read:
1535 73-10-3. Organization of board -- Interstate conferences -- Designation of
1536 representative -- Salary -- Compacts -- Ratification required.
1537 (1) The board shall elect a [
1538 vice-chairs who shall be members of the board, and shall establish [
1539 organization and procedure.
1540 (2) The board, with the approval of the executive director of [
1541 Department of Natural Resources and the governor, shall designate a representative who may
1542 be one of [
1543 between the state [
1544 compacts between such states for the division of the waters of interstate rivers, lakes, or other
1545 sources of water supply, and to represent the state [
1546 governing bodies provided for by any compacts [
1547 entered into between the state [
1548
1549 the compact is ratified and approved by the Utah State Legislature [
1550 legislatures of other states [
1551 (3) In acting as such representative of the state [
1552 shall act under the supervision of the governor, through the executive director of [
1553
1554 director of the Division of Finance shall fix the salary to be paid to the representative while
1555 [
1556 (4) The designee of the Water Resource Board shall continue to represent the state as
1557 outlined in Subsections (2) and (3) on waters in the state except for the Colorado River system
1558 which is governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act.
1559 Section 30. Section 73-10-4 is amended to read:
1560 73-10-4. Powers and duties of board.
1561 (1) The board shall have the following powers and duties to:
1562 (a) authorize studies, investigations, and plans for the full development, use, and
1563 promotion of the water and power resources of the state, including preliminary surveys, stream
1564 gauging, examinations, tests, and other estimates either separately or in consultation with
1565 federal, state and other agencies;
1566 (b) enter into contracts subject to the provisions of this chapter for the construction of
1567 conservation projects that in the opinion of the board will conserve and use for the best
1568 advantage of the people of this state the water and power resources of the state, including
1569 projects beyond the boundaries of the state of Utah located on interstate waters when the
1570 benefit of such projects accrues to the citizens of the state;
1571 (c) sue and be sued in accordance with applicable law;
1572 (d) supervise in cooperation with the governor and the executive director of natural
1573 resources all matters affecting interstate compact negotiations and the administration of the
1574 compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the
1575 exception of the waters of the Colorado River system that are governed by Title 63M, Chapter
1576 14, Colorado River Authority of Utah Act;
1577 (e) contract with federal and other agencies and with the National Water Resources
1578 Association and to make studies, investigations and recommendations and do all other things
1579 on behalf of the state for any purpose that relates to the development, conservation, protection
1580 and control of the water and power resources of the state;
1581 (f) consult and advise with the Utah Water Users' Association and other organized
1582 water users' associations in the state;
1583 (g) consider and make recommendations on behalf of the state of reclamation projects
1584 or other water development projects for construction by any agency of the state or United
1585 States and in so doing recommend the order in which projects shall be undertaken; or
1586 (h) review, approve, and revoke an application to create a water bank under Chapter
1587 31, Water Banking Act, collect an annual report, maintain the water banking website, and
1588 conduct any other function related to a water bank as described in Chapter 31, Water Banking
1589 Act.
1590 (2) Nothing contained in this section shall be construed to impair or otherwise interfere
1591 with the authority of the state engineer granted by [
1592 except as specifically otherwise provided in this section.
1593 Section 31. Section 73-10-18 is amended to read:
1594 73-10-18. Division of Water Resources -- Creation -- Power and authority.
1595 (1) There is created the Division of Water Resources, which shall be within the
1596 Department of Natural Resources under the administration and general supervision of the
1597 executive director [
1598 policy direction of the Board of Water Resources.
1599 (2) [
1600 63M, Chapter 14, Colorado River Authority of Utah Act, the Division of Water Resources
1601 shall:
1602 (a) be the water resource authority for the state; and
1603 (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
1604 water and power board except those which are delegated to the board by this act and is vested
1605 with such other functions, powers, duties, rights and responsibilities as provided in this act and
1606 other law.
1607 Section 32. Effective date.
1608 If approved by two-thirds of all the members elected to each house, this bill takes effect
1609 upon approval by the governor, or the day following the constitutional time limit of Utah
1610 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1611 the date of veto override.
1612 Section 33. Revisor instructions.
1613 The Legislature intends that the Office of Legislative Research and General Counsel, in
1614 preparing the Utah Code database for publication, replace the references in the following
1615 sections from "the effective date of this bill" to the bill's actual effective date:
1616 (1) Subsection 63M-14-203(3); and
1617 (2) Subsection 63M-14-301(1).