1     
COLORADO RIVER AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad R. Wilson

5     
Senate Sponsor: J. Stuart Adams

6     

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               •     providing for authorized advisory councils;
22               •     authorizing consultations;
23               •     addressing application of certain state codes;
24               •     addressing the river commissioner and chair;
25               •     providing for employees, consultants, and other professionals, including an
26     executive director; and
27               •     addressing financial operations including creating a restricted account;
28          ▸     adapts implementation of the Colorado River Authority of Utah Act to existing law;

29     and
30          ▸     makes technical changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          This bill provides a special effective date.
35          This bill provides revisor instructions.
36     Utah Code Sections Affected:
37     AMENDS:
38          52-4-205, as last amended by Laws of Utah 2020, Chapters 12 and 201
39          63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
40     and 393
41          63G-6a-103, as last amended by Laws of Utah 2020, Chapters 152, 257, 365 and last
42     amended by Coordination Clause, Laws of Utah 2020, Chapter 365
43          63G-6a-107.6, as enacted by Laws of Utah 2020, Chapter 257
44          63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
45     and 20
46          73-10-3, as last amended by Laws of Utah 1983, Chapter 320
47          73-10-4, as last amended by Laws of Utah 2020, Chapter 342
48          73-10-18, as last amended by Laws of Utah 2016, Chapter 58
49     ENACTS:
50          63M-14-101, Utah Code Annotated 1953
51          63M-14-102, Utah Code Annotated 1953
52          63M-14-103, Utah Code Annotated 1953
53          63M-14-201, Utah Code Annotated 1953
54          63M-14-202, Utah Code Annotated 1953
55          63M-14-203, Utah Code Annotated 1953

56          63M-14-204, Utah Code Annotated 1953
57          63M-14-205, Utah Code Annotated 1953
58          63M-14-206, Utah Code Annotated 1953
59          63M-14-207, Utah Code Annotated 1953
60          63M-14-208, Utah Code Annotated 1953
61          63M-14-209, Utah Code Annotated 1953
62          63M-14-210, Utah Code Annotated 1953
63          63M-14-301, Utah Code Annotated 1953
64          63M-14-302, Utah Code Annotated 1953
65          63M-14-303, Utah Code Annotated 1953
66          63M-14-304, Utah Code Annotated 1953
67          63M-14-305, Utah Code Annotated 1953
68          63M-14-306, Utah Code Annotated 1953
69          63M-14-401, Utah Code Annotated 1953
70          63M-14-402, Utah Code Annotated 1953
71          63M-14-501, Utah Code Annotated 1953
72          63M-14-502, Utah Code Annotated 1953
73     Utah Code Sections Affected by Revisor Instructions:
74          63M-14-203, Utah Code Annotated 1953
75          63M-14-301, Utah Code Annotated 1953
76     

77     Be it enacted by the Legislature of the state of Utah:
78          Section 1. Section 52-4-205 is amended to read:
79          52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
80     meetings.
81          (1) A closed meeting described under Section 52-4-204 may only be held for:
82          (a) except as provided in Subsection (3), discussion of the character, professional

83     competence, or physical or mental health of an individual;
84          (b) strategy sessions to discuss collective bargaining;
85          (c) strategy sessions to discuss pending or reasonably imminent litigation;
86          (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
87     including any form of a water right or water shares, if public discussion of the transaction
88     would:
89          (i) disclose the appraisal or estimated value of the property under consideration; or
90          (ii) prevent the public body from completing the transaction on the best possible terms;
91          (e) strategy sessions to discuss the sale of real property, including any form of a water
92     right or water shares, if:
93          (i) public discussion of the transaction would:
94          (A) disclose the appraisal or estimated value of the property under consideration; or
95          (B) prevent the public body from completing the transaction on the best possible terms;
96          (ii) the public body previously gave public notice that the property would be offered for
97     sale; and
98          (iii) the terms of the sale are publicly disclosed before the public body approves the
99     sale;
100          (f) discussion regarding deployment of security personnel, devices, or systems;
101          (g) investigative proceedings regarding allegations of criminal misconduct;
102          (h) as relates to the Independent Legislative Ethics Commission, conducting business
103     relating to the receipt or review of ethics complaints;
104          (i) as relates to an ethics committee of the Legislature, a purpose permitted under
105     Subsection 52-4-204(1)(a)(iii)(C);
106          (j) as relates to the Independent Executive Branch Ethics Commission created in
107     Section 63A-14-202, conducting business relating to an ethics complaint;
108          (k) as relates to a county legislative body, discussing commercial information as
109     defined in Section 59-1-404;

110          (l) as relates to the Utah Higher Education Assistance Authority and its appointed
111     board of directors, discussing fiduciary or commercial information as defined in Section
112     53B-12-102;
113          (m) deliberations, not including any information gathering activities, of a public body
114     acting in the capacity of:
115          (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
116     during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
117          (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
118     decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
119          (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
120     Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
121     Procurement Appeals Board;
122          (n) the purpose of considering information that is designated as a trade secret, as
123     defined in Section 13-24-2, if the public body's consideration of the information is necessary in
124     order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
125          (o) the purpose of discussing information provided to the public body during the
126     procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
127     the meeting:
128          (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
129     disclosed to a member of the public or to a participant in the procurement process; and
130          (ii) the public body needs to review or discuss the information in order to properly
131     fulfill its role and responsibilities in the procurement process;
132          (p) as relates to the governing board of a governmental nonprofit corporation, as that
133     term is defined in Section 11-13a-102, the purpose of discussing information that is designated
134     as a trade secret, as that term is defined in Section 13-24-2, if:
135          (i) public knowledge of the discussion would reasonably be expected to result in injury
136     to the owner of the trade secret; and

137          (ii) discussion of the information is necessary for the governing board to properly
138     discharge the board's duties and conduct the board's business; or
139          (q) a purpose for which a meeting is required to be closed under Subsection (2).
140          (2) The following meetings shall be closed:
141          (a) a meeting of the Health and Human Services Interim Committee to review a fatality
142     review report described in Subsection 62A-16-301(1)(a), and the responses to the report
143     described in Subsections 62A-16-301(2) and (4);
144          (b) a meeting of the Child Welfare Legislative Oversight Panel to:
145          (i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the
146     responses to the report described in Subsections 62A-16-301(2) and (4); or
147          (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);
148          (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
149     Section 26-7-13, to review and discuss an individual case, as described in Subsection
150     26-7-13(10); [and]
151          (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
152     purpose of advising the Natural Resource Conservation Service of the United States
153     Department of Agriculture on a farm improvement project if the discussed information is
154     protected information under federal law; [and]
155          (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
156     the purpose of reviewing petitions for a medical cannabis card in accordance with Section
157     26-61a-105[.]; and
158          (f) a meeting of the Colorado River Authority of Utah if:
159          (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
160     the Colorado River system; and
161          (ii) failing to close the meeting would:
162          (A) reveal the contents of a record classified as protected under Subsection
163     63G-2-305(82);

164          (B) reveal a legal strategy relating to the state's claim to the use of the water in the
165     Colorado River system;
166          (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
167     negotiate the best terms and conditions regarding the use of water in the Colorado River
168     system; or
169          (D) give an advantage to another state or to the federal government in negotiations
170     regarding the use of water in the Colorado River system.
171          (3) In a closed meeting, a public body may not:
172          (a) interview a person applying to fill an elected position;
173          (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
174     Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
175     or
176          (c) discuss the character, professional competence, or physical or mental health of the
177     person whose name was submitted for consideration to fill a midterm vacancy or temporary
178     absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
179     Temporary Absence in Elected Office.
180          Section 2. Section 63G-2-305 is amended to read:
181          63G-2-305. Protected records.
182          The following records are protected if properly classified by a governmental entity:
183          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
184     has provided the governmental entity with the information specified in Section 63G-2-309;
185          (2) commercial information or nonindividual financial information obtained from a
186     person if:
187          (a) disclosure of the information could reasonably be expected to result in unfair
188     competitive injury to the person submitting the information or would impair the ability of the
189     governmental entity to obtain necessary information in the future;
190          (b) the person submitting the information has a greater interest in prohibiting access

191     than the public in obtaining access; and
192          (c) the person submitting the information has provided the governmental entity with
193     the information specified in Section 63G-2-309;
194          (3) commercial or financial information acquired or prepared by a governmental entity
195     to the extent that disclosure would lead to financial speculations in currencies, securities, or
196     commodities that will interfere with a planned transaction by the governmental entity or cause
197     substantial financial injury to the governmental entity or state economy;
198          (4) records, the disclosure of which could cause commercial injury to, or confer a
199     competitive advantage upon a potential or actual competitor of, a commercial project entity as
200     defined in Subsection 11-13-103(4);
201          (5) test questions and answers to be used in future license, certification, registration,
202     employment, or academic examinations;
203          (6) records, the disclosure of which would impair governmental procurement
204     proceedings or give an unfair advantage to any person proposing to enter into a contract or
205     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
206     Subsection (6) does not restrict the right of a person to have access to, after the contract or
207     grant has been awarded and signed by all parties:
208          (a) a bid, proposal, application, or other information submitted to or by a governmental
209     entity in response to:
210          (i) an invitation for bids;
211          (ii) a request for proposals;
212          (iii) a request for quotes;
213          (iv) a grant; or
214          (v) other similar document; or
215          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
216          (7) information submitted to or by a governmental entity in response to a request for
217     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict

218     the right of a person to have access to the information, after:
219          (a) a contract directly relating to the subject of the request for information has been
220     awarded and signed by all parties; or
221          (b) (i) a final determination is made not to enter into a contract that relates to the
222     subject of the request for information; and
223          (ii) at least two years have passed after the day on which the request for information is
224     issued;
225          (8) records that would identify real property or the appraisal or estimated value of real
226     or personal property, including intellectual property, under consideration for public acquisition
227     before any rights to the property are acquired unless:
228          (a) public interest in obtaining access to the information is greater than or equal to the
229     governmental entity's need to acquire the property on the best terms possible;
230          (b) the information has already been disclosed to persons not employed by or under a
231     duty of confidentiality to the entity;
232          (c) in the case of records that would identify property, potential sellers of the described
233     property have already learned of the governmental entity's plans to acquire the property;
234          (d) in the case of records that would identify the appraisal or estimated value of
235     property, the potential sellers have already learned of the governmental entity's estimated value
236     of the property; or
237          (e) the property under consideration for public acquisition is a single family residence
238     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
239     the property as required under Section 78B-6-505;
240          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
241     compensated transaction of real or personal property including intellectual property, which, if
242     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
243     of the subject property, unless:
244          (a) the public interest in access is greater than or equal to the interests in restricting

245     access, including the governmental entity's interest in maximizing the financial benefit of the
246     transaction; or
247          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
248     the value of the subject property have already been disclosed to persons not employed by or
249     under a duty of confidentiality to the entity;
250          (10) records created or maintained for civil, criminal, or administrative enforcement
251     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
252     release of the records:
253          (a) reasonably could be expected to interfere with investigations undertaken for
254     enforcement, discipline, licensing, certification, or registration purposes;
255          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
256     proceedings;
257          (c) would create a danger of depriving a person of a right to a fair trial or impartial
258     hearing;
259          (d) reasonably could be expected to disclose the identity of a source who is not
260     generally known outside of government and, in the case of a record compiled in the course of
261     an investigation, disclose information furnished by a source not generally known outside of
262     government if disclosure would compromise the source; or
263          (e) reasonably could be expected to disclose investigative or audit techniques,
264     procedures, policies, or orders not generally known outside of government if disclosure would
265     interfere with enforcement or audit efforts;
266          (11) records the disclosure of which would jeopardize the life or safety of an
267     individual;
268          (12) records the disclosure of which would jeopardize the security of governmental
269     property, governmental programs, or governmental recordkeeping systems from damage, theft,
270     or other appropriation or use contrary to law or public policy;
271          (13) records that, if disclosed, would jeopardize the security or safety of a correctional

272     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
273     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
274          (14) records that, if disclosed, would reveal recommendations made to the Board of
275     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
276     Board of Pardons and Parole, or the Department of Human Services that are based on the
277     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
278     jurisdiction;
279          (15) records and audit workpapers that identify audit, collection, and operational
280     procedures and methods used by the State Tax Commission, if disclosure would interfere with
281     audits or collections;
282          (16) records of a governmental audit agency relating to an ongoing or planned audit
283     until the final audit is released;
284          (17) records that are subject to the attorney client privilege;
285          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
286     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
287     quasi-judicial, or administrative proceeding;
288          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
289     from a member of the Legislature; and
290          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
291     legislative action or policy may not be classified as protected under this section; and
292          (b) (i) an internal communication that is part of the deliberative process in connection
293     with the preparation of legislation between:
294          (A) members of a legislative body;
295          (B) a member of a legislative body and a member of the legislative body's staff; or
296          (C) members of a legislative body's staff; and
297          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
298     legislative action or policy may not be classified as protected under this section;

299          (20) (a) records in the custody or control of the Office of Legislative Research and
300     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
301     legislation or contemplated course of action before the legislator has elected to support the
302     legislation or course of action, or made the legislation or course of action public; and
303          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
304     Office of Legislative Research and General Counsel is a public document unless a legislator
305     asks that the records requesting the legislation be maintained as protected records until such
306     time as the legislator elects to make the legislation or course of action public;
307          (21) research requests from legislators to the Office of Legislative Research and
308     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
309     in response to these requests;
310          (22) drafts, unless otherwise classified as public;
311          (23) records concerning a governmental entity's strategy about:
312          (a) collective bargaining; or
313          (b) imminent or pending litigation;
314          (24) records of investigations of loss occurrences and analyses of loss occurrences that
315     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
316     Uninsured Employers' Fund, or similar divisions in other governmental entities;
317          (25) records, other than personnel evaluations, that contain a personal recommendation
318     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
319     personal privacy, or disclosure is not in the public interest;
320          (26) records that reveal the location of historic, prehistoric, paleontological, or
321     biological resources that if known would jeopardize the security of those resources or of
322     valuable historic, scientific, educational, or cultural information;
323          (27) records of independent state agencies if the disclosure of the records would
324     conflict with the fiduciary obligations of the agency;
325          (28) records of an institution within the state system of higher education defined in

326     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
327     retention decisions, and promotions, which could be properly discussed in a meeting closed in
328     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
329     the final decisions about tenure, appointments, retention, promotions, or those students
330     admitted, may not be classified as protected under this section;
331          (29) records of the governor's office, including budget recommendations, legislative
332     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
333     policies or contemplated courses of action before the governor has implemented or rejected
334     those policies or courses of action or made them public;
335          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
336     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
337     recommendations in these areas;
338          (31) records provided by the United States or by a government entity outside the state
339     that are given to the governmental entity with a requirement that they be managed as protected
340     records if the providing entity certifies that the record would not be subject to public disclosure
341     if retained by it;
342          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
343     public body except as provided in Section 52-4-206;
344          (33) records that would reveal the contents of settlement negotiations but not including
345     final settlements or empirical data to the extent that they are not otherwise exempt from
346     disclosure;
347          (34) memoranda prepared by staff and used in the decision-making process by an
348     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
349     other body charged by law with performing a quasi-judicial function;
350          (35) records that would reveal negotiations regarding assistance or incentives offered
351     by or requested from a governmental entity for the purpose of encouraging a person to expand
352     or locate a business in Utah, but only if disclosure would result in actual economic harm to the

353     person or place the governmental entity at a competitive disadvantage, but this section may not
354     be used to restrict access to a record evidencing a final contract;
355          (36) materials to which access must be limited for purposes of securing or maintaining
356     the governmental entity's proprietary protection of intellectual property rights including patents,
357     copyrights, and trade secrets;
358          (37) the name of a donor or a prospective donor to a governmental entity, including an
359     institution within the state system of higher education defined in Section 53B-1-102, and other
360     information concerning the donation that could reasonably be expected to reveal the identity of
361     the donor, provided that:
362          (a) the donor requests anonymity in writing;
363          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
364     classified protected by the governmental entity under this Subsection (37); and
365          (c) except for an institution within the state system of higher education defined in
366     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
367     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
368     over the donor, a member of the donor's immediate family, or any entity owned or controlled
369     by the donor or the donor's immediate family;
370          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
371     73-18-13;
372          (39) a notification of workers' compensation insurance coverage described in Section
373     34A-2-205;
374          (40) (a) the following records of an institution within the state system of higher
375     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
376     or received by or on behalf of faculty, staff, employees, or students of the institution:
377          (i) unpublished lecture notes;
378          (ii) unpublished notes, data, and information:
379          (A) relating to research; and

380          (B) of:
381          (I) the institution within the state system of higher education defined in Section
382     53B-1-102; or
383          (II) a sponsor of sponsored research;
384          (iii) unpublished manuscripts;
385          (iv) creative works in process;
386          (v) scholarly correspondence; and
387          (vi) confidential information contained in research proposals;
388          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
389     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
390          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
391          (41) (a) records in the custody or control of the Office of Legislative Auditor General
392     that would reveal the name of a particular legislator who requests a legislative audit prior to the
393     date that audit is completed and made public; and
394          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
395     Office of the Legislative Auditor General is a public document unless the legislator asks that
396     the records in the custody or control of the Office of Legislative Auditor General that would
397     reveal the name of a particular legislator who requests a legislative audit be maintained as
398     protected records until the audit is completed and made public;
399          (42) records that provide detail as to the location of an explosive, including a map or
400     other document that indicates the location of:
401          (a) a production facility; or
402          (b) a magazine;
403          (43) information:
404          (a) contained in the statewide database of the Division of Aging and Adult Services
405     created by Section 62A-3-311.1; or
406          (b) received or maintained in relation to the Identity Theft Reporting Information

407     System (IRIS) established under Section 67-5-22;
408          (44) information contained in the Management Information System and Licensing
409     Information System described in Title 62A, Chapter 4a, Child and Family Services;
410          (45) information regarding National Guard operations or activities in support of the
411     National Guard's federal mission;
412          (46) records provided by any pawn or secondhand business to a law enforcement
413     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
414     Secondhand Merchandise Transaction Information Act;
415          (47) information regarding food security, risk, and vulnerability assessments performed
416     by the Department of Agriculture and Food;
417          (48) except to the extent that the record is exempt from this chapter pursuant to Section
418     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
419     prepared or maintained by the Division of Emergency Management, and the disclosure of
420     which would jeopardize:
421          (a) the safety of the general public; or
422          (b) the security of:
423          (i) governmental property;
424          (ii) governmental programs; or
425          (iii) the property of a private person who provides the Division of Emergency
426     Management information;
427          (49) records of the Department of Agriculture and Food that provides for the
428     identification, tracing, or control of livestock diseases, including any program established under
429     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
430     of Animal Disease;
431          (50) as provided in Section 26-39-501:
432          (a) information or records held by the Department of Health related to a complaint
433     regarding a child care program or residential child care which the department is unable to

434     substantiate; and
435          (b) information or records related to a complaint received by the Department of Health
436     from an anonymous complainant regarding a child care program or residential child care;
437          (51) unless otherwise classified as public under Section 63G-2-301 and except as
438     provided under Section 41-1a-116, an individual's home address, home telephone number, or
439     personal mobile phone number, if:
440          (a) the individual is required to provide the information in order to comply with a law,
441     ordinance, rule, or order of a government entity; and
442          (b) the subject of the record has a reasonable expectation that this information will be
443     kept confidential due to:
444          (i) the nature of the law, ordinance, rule, or order; and
445          (ii) the individual complying with the law, ordinance, rule, or order;
446          (52) the portion of the following documents that contains a candidate's residential or
447     mailing address, if the candidate provides to the filing officer another address or phone number
448     where the candidate may be contacted:
449          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
450     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
451     20A-9-408.5, 20A-9-502, or 20A-9-601;
452          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
453          (c) a notice of intent to gather signatures for candidacy, described in Section
454     20A-9-408;
455          (53) the name, home address, work addresses, and telephone numbers of an individual
456     that is engaged in, or that provides goods or services for, medical or scientific research that is:
457          (a) conducted within the state system of higher education, as defined in Section
458     53B-1-102; and
459          (b) conducted using animals;
460          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance

461     Evaluation Commission concerning an individual commissioner's vote on whether or not to
462     recommend that the voters retain a judge including information disclosed under Subsection
463     78A-12-203(5)(e);
464          (55) information collected and a report prepared by the Judicial Performance
465     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
466     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
467     the information or report;
468          (56) records contained in the Management Information System created in Section
469     62A-4a-1003;
470          (57) records provided or received by the Public Lands Policy Coordinating Office in
471     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
472          (58) information requested by and provided to the 911 Division under Section
473     63H-7a-302;
474          (59) in accordance with Section 73-10-33:
475          (a) a management plan for a water conveyance facility in the possession of the Division
476     of Water Resources or the Board of Water Resources; or
477          (b) an outline of an emergency response plan in possession of the state or a county or
478     municipality;
479          (60) the following records in the custody or control of the Office of Inspector General
480     of Medicaid Services, created in Section 63A-13-201:
481          (a) records that would disclose information relating to allegations of personal
482     misconduct, gross mismanagement, or illegal activity of a person if the information or
483     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
484     through other documents or evidence, and the records relating to the allegation are not relied
485     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
486     report or final audit report;
487          (b) records and audit workpapers to the extent they would disclose the identity of a

488     person who, during the course of an investigation or audit, communicated the existence of any
489     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
490     regulation adopted under the laws of this state, a political subdivision of the state, or any
491     recognized entity of the United States, if the information was disclosed on the condition that
492     the identity of the person be protected;
493          (c) before the time that an investigation or audit is completed and the final
494     investigation or final audit report is released, records or drafts circulated to a person who is not
495     an employee or head of a governmental entity for the person's response or information;
496          (d) records that would disclose an outline or part of any investigation, audit survey
497     plan, or audit program; or
498          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
499     investigation or audit;
500          (61) records that reveal methods used by the Office of Inspector General of Medicaid
501     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
502     abuse;
503          (62) information provided to the Department of Health or the Division of Occupational
504     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
505     58-68-304(3) and (4);
506          (63) a record described in Section 63G-12-210;
507          (64) captured plate data that is obtained through an automatic license plate reader
508     system used by a governmental entity as authorized in Section 41-6a-2003;
509          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
510     victim, including:
511          (a) a victim's application or request for benefits;
512          (b) a victim's receipt or denial of benefits; and
513          (c) any administrative notes or records made or created for the purpose of, or used to,
514     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim

515     Reparations Fund;
516          (66) an audio or video recording created by a body-worn camera, as that term is
517     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
518     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
519     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
520     that term is defined in Section 62A-2-101, except for recordings that:
521          (a) depict the commission of an alleged crime;
522          (b) record any encounter between a law enforcement officer and a person that results in
523     death or bodily injury, or includes an instance when an officer fires a weapon;
524          (c) record any encounter that is the subject of a complaint or a legal proceeding against
525     a law enforcement officer or law enforcement agency;
526          (d) contain an officer involved critical incident as defined in Subsection
527     76-2-408(1)(f); or
528          (e) have been requested for reclassification as a public record by a subject or
529     authorized agent of a subject featured in the recording;
530          (67) a record pertaining to the search process for a president of an institution of higher
531     education described in Section 53B-2-102, except for application materials for a publicly
532     announced finalist;
533          (68) an audio recording that is:
534          (a) produced by an audio recording device that is used in conjunction with a device or
535     piece of equipment designed or intended for resuscitating an individual or for treating an
536     individual with a life-threatening condition;
537          (b) produced during an emergency event when an individual employed to provide law
538     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
539          (i) is responding to an individual needing resuscitation or with a life-threatening
540     condition; and
541          (ii) uses a device or piece of equipment designed or intended for resuscitating an

542     individual or for treating an individual with a life-threatening condition; and
543          (c) intended and used for purposes of training emergency responders how to improve
544     their response to an emergency situation;
545          (69) records submitted by or prepared in relation to an applicant seeking a
546     recommendation by the Research and General Counsel Subcommittee, the Budget
547     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
548     employment position with the Legislature;
549          (70) work papers as defined in Section 31A-2-204;
550          (71) a record made available to Adult Protective Services or a law enforcement agency
551     under Section 61-1-206;
552          (72) a record submitted to the Insurance Department in accordance with Section
553     31A-37-201 or 31A-22-653;
554          (73) a record described in Section 31A-37-503[.];
555          (74) any record created by the Division of Occupational and Professional Licensing as
556     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
557          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
558     involving an amusement ride;
559          (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
560     on a political petition, or on a request to withdraw a signature from a political petition,
561     including a petition or request described in the following titles:
562          (a) Title 10, Utah Municipal Code;
563          (b) Title 17, Counties;
564          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
565          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
566          (e) Title 20A, Election Code;
567          (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
568     a voter registration record;

569          (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
570     signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
571     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
572          (79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
573     5, Victims Guidelines for Prosecutors Act;
574          (80) a record submitted to the Insurance Department under Subsection
575     31A-47-103(1)(b); [and]
576          (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
577     prohibited under Section 63G-26-103[.]; and
578          (82) a record:
579          (a) concerning an interstate claim to the use of waters in the Colorado River system;
580          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
581     representative from another state or the federal government as provided in Section
582     63M-14-205; and
583          (c) the disclosure of which would:
584          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
585     Colorado River system;
586          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
587     negotiate the best terms and conditions regarding the use of water in the Colorado River
588     system; or
589          (iii) give an advantage to another state or to the federal government in negotiations
590     regarding the use of water in the Colorado River system.
591          Section 3. Section 63G-6a-103 is amended to read:
592          63G-6a-103. Definitions.
593          As used in this chapter:
594          (1) "Approved vendor" means a person who has been approved for inclusion on an
595     approved vendor list through the approved vendor list process.

596          (2) "Approved vendor list" means a list of approved vendors established under Section
597     63G-6a-507.
598          (3) "Approved vendor list process" means the procurement process described in
599     Section 63G-6a-507.
600          (4) "Bidder" means a person who submits a bid or price quote in response to an
601     invitation for bids.
602          (5) "Bidding process" means the procurement process described in Part 6, Bidding.
603          (6) "Board" means the Utah State Procurement Policy Board, created in Section
604     63G-6a-202.
605          (7) "Building board" means the State Building Board, created in Section 63A-5b-201.
606          (8) "Change directive" means a written order signed by the procurement officer that
607     directs the contractor to suspend work or make changes, as authorized by contract, without the
608     consent of the contractor.
609          (9) "Change order" means a written alteration in specifications, delivery point, rate of
610     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
611     agreement of the parties to the contract.
612          (10) "Chief procurement officer" means the individual appointed under Subsection
613     63G-6a-302(1).
614          (11) "Conducting procurement unit" means a procurement unit that conducts all
615     aspects of a procurement:
616          (a) except:
617          (i) reviewing a solicitation to verify that it is in proper form; and
618          (ii) causing the publication of a notice of a solicitation; and
619          (b) including:
620          (i) preparing any solicitation document;
621          (ii) appointing an evaluation committee;
622          (iii) conducting the evaluation process, except the process relating to scores calculated

623     for costs of proposals;
624          (iv) selecting and recommending the person to be awarded a contract;
625          (v) negotiating the terms and conditions of a contract, subject to the issuing
626     procurement unit's approval; and
627          (vi) contract administration.
628          (12) "Conservation district" means the same as that term is defined in Section
629     17D-3-102.
630          (13) "Construction project":
631          (a) means a project for the construction, renovation, alteration, improvement, or repair
632     of a public facility on real property, including all services, labor, supplies, and materials for the
633     project; and
634          (b) does not include services and supplies for the routine, day-to-day operation, repair,
635     or maintenance of an existing public facility.
636          (14) "Construction manager/general contractor":
637          (a) means a contractor who enters into a contract:
638          (i) for the management of a construction project; and
639          (ii) that allows the contractor to subcontract for additional labor and materials that are
640     not included in the contractor's cost proposal submitted at the time of the procurement of the
641     contractor's services; and
642          (b) does not include a contractor whose only subcontract work not included in the
643     contractor's cost proposal submitted as part of the procurement of the contractor's services is to
644     meet subcontracted portions of change orders approved within the scope of the project.
645          (15) "Construction subcontractor":
646          (a) means a person under contract with a contractor or another subcontractor to provide
647     services or labor for the design or construction of a construction project;
648          (b) includes a general contractor or specialty contractor licensed or exempt from
649     licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and

650          (c) does not include a supplier who provides only materials, equipment, or supplies to a
651     contractor or subcontractor for a construction project.
652          (16) "Contract" means an agreement for a procurement.
653          (17) "Contract administration" means all functions, duties, and responsibilities
654     associated with managing, overseeing, and carrying out a contract between a procurement unit
655     and a contractor, including:
656          (a) implementing the contract;
657          (b) ensuring compliance with the contract terms and conditions by the conducting
658     procurement unit and the contractor;
659          (c) executing change orders;
660          (d) processing contract amendments;
661          (e) resolving, to the extent practicable, contract disputes;
662          (f) curing contract errors and deficiencies;
663          (g) terminating a contract;
664          (h) measuring or evaluating completed work and contractor performance;
665          (i) computing payments under the contract; and
666          (j) closing out a contract.
667          (18) "Contractor" means a person who is awarded a contract with a procurement unit.
668          (19) "Cooperative procurement" means procurement conducted by, or on behalf of:
669          (a) more than one procurement unit; or
670          (b) a procurement unit and a cooperative purchasing organization.
671          (20) "Cooperative purchasing organization" means an organization, association, or
672     alliance of purchasers established to combine purchasing power in order to obtain the best
673     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
674          (21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
675     contractor is paid a percentage of the total actual expenses or costs in addition to the
676     contractor's actual expenses or costs.

677          (22) "Cost-reimbursement contract" means a contract under which a contractor is
678     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
679     the provisions of this chapter, and a fee, if any.
680          (23) "Days" means calendar days, unless expressly provided otherwise.
681          (24) "Definite quantity contract" means a fixed price contract that provides for a
682     specified amount of supplies over a specified period, with deliveries scheduled according to a
683     specified schedule.
684          (25) "Design professional" means:
685          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
686     Licensing Act;
687          (b) an individual licensed as a professional engineer or professional land surveyor
688     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
689     Act; or
690          (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
691     State Certification of Commercial Interior Designers Act.
692          (26) "Design professional procurement process" means the procurement process
693     described in Part 15, Design Professional Services.
694          (27) "Design professional services" means:
695          (a) professional services within the scope of the practice of architecture as defined in
696     Section 58-3a-102;
697          (b) professional engineering as defined in Section 58-22-102;
698          (c) master planning and programming services; or
699          (d) services within the scope of the practice of commercial interior design, as defined
700     in Section 58-86-102.
701          (28) "Design-build" means the procurement of design professional services and
702     construction by the use of a single contract.
703          (29) "Division" means the Division of Purchasing and General Services, created in

704     Section 63A-2-101.
705          (30) "Educational procurement unit" means:
706          (a) a school district;
707          (b) a public school, including a local school board or a charter school;
708          (c) the Utah Schools for the Deaf and the Blind;
709          (d) the Utah Education and Telehealth Network;
710          (e) an institution of higher education of the state described in Section 53B-1-102; or
711          (f) the State Board of Education.
712          (31) "Established catalogue price" means the price included in a catalogue, price list,
713     schedule, or other form that:
714          (a) is regularly maintained by a manufacturer or contractor;
715          (b) is published or otherwise available for inspection by customers; and
716          (c) states prices at which sales are currently or were last made to a significant number
717     of any category of buyers or buyers constituting the general buying public for the supplies or
718     services involved.
719          (32) (a) "Executive branch procurement unit" means a department, division, office,
720     bureau, agency, or other organization within the state executive branch.
721          (b) "Executive branch procurement unit" does not include the Colorado River
722     Authority of Utah as provided in Section 63M-14-210.
723          (33) "Facilities division" means the Division of Facilities Construction and
724     Management, created in Section 63A-5b-301.
725          (34) "Fixed price contract" means a contract that provides a price, for each
726     procurement item obtained under the contract, that is not subject to adjustment except to the
727     extent that:
728          (a) the contract provides, under circumstances specified in the contract, for an
729     adjustment in price that is not based on cost to the contractor; or
730          (b) an adjustment is required by law.

731          (35) "Fixed price contract with price adjustment" means a fixed price contract that
732     provides for an upward or downward revision of price, precisely described in the contract, that:
733          (a) is based on the consumer price index or another commercially acceptable index,
734     source, or formula; and
735          (b) is not based on a percentage of the cost to the contractor.
736          (36) "Grant" means an expenditure of public funds or other assistance, or an agreement
737     to expend public funds or other assistance, for a public purpose authorized by law, without
738     acquiring a procurement item in exchange.
739          (37) "Immaterial error":
740          (a) means an irregularity or abnormality that is:
741          (i) a matter of form that does not affect substance; or
742          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
743     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
744          (b) includes:
745          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
746     professional license, bond, or insurance certificate;
747          (ii) a typographical error;
748          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
749          (iv) any other error that the procurement official reasonably considers to be immaterial.
750          (38) "Indefinite quantity contract" means a fixed price contract that:
751          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
752     procurement unit; and
753          (b) (i) does not require a minimum purchase amount; or
754          (ii) provides a maximum purchase limit.
755          (39) "Independent procurement unit" means:
756          (a) (i) a legislative procurement unit;
757          (ii) a judicial branch procurement unit;

758          (iii) an educational procurement unit;
759          (iv) a local government procurement unit;
760          (v) a conservation district;
761          (vi) a local building authority;
762          (vii) a local district;
763          (viii) a public corporation;
764          (ix) a special service district; or
765          (x) the Utah Communications Authority, established in Section 63H-7a-201;
766          (b) the building board or the facilities division, but only to the extent of the
767     procurement authority provided under Title 63A, Chapter 5b, Administration of State
768     Facilities;
769          (c) the attorney general, but only to the extent of the procurement authority provided
770     under Title 67, Chapter 5, Attorney General;
771          (d) the Department of Transportation, but only to the extent of the procurement
772     authority provided under Title 72, Transportation Code; or
773          (e) any other executive branch department, division, office, or entity that has statutory
774     procurement authority outside this chapter, but only to the extent of that statutory procurement
775     authority.
776          (40) "Invitation for bids":
777          (a) means a document used to solicit:
778          (i) bids to provide a procurement item to a procurement unit; or
779          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
780          (b) includes all documents attached to or incorporated by reference in a document
781     described in Subsection (40)(a).
782          (41) "Issuing procurement unit" means a procurement unit that:
783          (a) reviews a solicitation to verify that it is in proper form;
784          (b) causes the notice of a solicitation to be published; and

785          (c) negotiates and approves the terms and conditions of a contract.
786          (42) "Judicial procurement unit" means:
787          (a) the Utah Supreme Court;
788          (b) the Utah Court of Appeals;
789          (c) the Judicial Council;
790          (d) a state judicial district; or
791          (e) an office, committee, subcommittee, or other organization within the state judicial
792     branch.
793          (43) "Labor hour contract" is a contract under which:
794          (a) the supplies and materials are not provided by, or through, the contractor; and
795          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
796     profit for a specified number of labor hours or days.
797          (44) "Legislative procurement unit" means:
798          (a) the Legislature;
799          (b) the Senate;
800          (c) the House of Representatives;
801          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
802          (e) a committee, subcommittee, commission, or other organization:
803          (i) within the state legislative branch; or
804          (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
805          (B) the membership of which includes legislators; and
806          (C) for which the Office of Legislative Research and General Counsel provides staff
807     support.
808          (45) "Local building authority" means the same as that term is defined in Section
809     17D-2-102.
810          (46) "Local district" means the same as that term is defined in Section 17B-1-102.
811          (47) "Local government procurement unit" means:

812          (a) a county or municipality, and each office or agency of the county or municipality,
813     unless the county or municipality adopts its own procurement code by ordinance;
814          (b) a county or municipality that has adopted this entire chapter by ordinance, and each
815     office or agency of that county or municipality; or
816          (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
817     the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
818     office or agency of that county or municipality.
819          (48) "Multiple award contracts" means the award of a contract for an indefinite
820     quantity of a procurement item to more than one person.
821          (49) "Multiyear contract" means a contract that extends beyond a one-year period,
822     including a contract that permits renewal of the contract, without competition, beyond the first
823     year of the contract.
824          (50) "Municipality" means a city, town, or metro township.
825          (51) "Nonadopting local government procurement unit" means:
826          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
827     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
828     General Provisions Related to Protest or Appeal; and
829          (b) each office or agency of a county or municipality described in Subsection (51)(a).
830          (52) "Offeror" means a person who submits a proposal in response to a request for
831     proposals.
832          (53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
833     under the requirements of this chapter.
834          (54) "Procure" means to acquire a procurement item through a procurement.
835          (55) "Procurement" means the acquisition of a procurement item through an
836     expenditure of public funds, or an agreement to expend public funds, including an acquisition
837     through a public-private partnership.
838          (56) "Procurement item" means an item of personal property, a technology, a service,

839     or a construction project.
840          (57) "Procurement official" means:
841          (a) for a procurement unit other than an independent procurement unit, the chief
842     procurement officer;
843          (b) for a legislative procurement unit, the individual, individuals, or body designated in
844     a policy adopted by the Legislative Management Committee;
845          (c) for a judicial procurement unit, the Judicial Council or an individual or body
846     designated by the Judicial Council by rule;
847          (d) for a local government procurement unit:
848          (i) the legislative body of the local government procurement unit; or
849          (ii) an individual or body designated by the local government procurement unit;
850          (e) for a local district, the board of trustees of the local district or the board of trustees'
851     designee;
852          (f) for a special service district, the governing body of the special service district or the
853     governing body's designee;
854          (g) for a local building authority, the board of directors of the local building authority
855     or the board of directors' designee;
856          (h) for a conservation district, the board of supervisors of the conservation district or
857     the board of supervisors' designee;
858          (i) for a public corporation, the board of directors of the public corporation or the board
859     of directors' designee;
860          (j) for a school district or any school or entity within a school district, the board of the
861     school district or the board's designee;
862          (k) for a charter school, the individual or body with executive authority over the charter
863     school or the designee of the individual or body;
864          (l) for an institution of higher education described in Section 53B-2-101, the president
865     of the institution of higher education or the president's designee;

866          (m) for the State Board of Education, the State Board of Education or the State Board
867     of Education's designee;
868          (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
869     the designee of the Commissioner of Higher Education;
870          (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
871     executive director of the Utah Communications Authority or the executive director's designee;
872     or
873          (p) (i) for the building board, and only to the extent of procurement activities of the
874     building board as an independent procurement unit under the procurement authority provided
875     under Title 63A, Chapter 5b, Administration of State Facilities, the director of the building
876     board or the director's designee;
877          (ii) for the facilities division, and only to the extent of procurement activities of the
878     facilities division as an independent procurement unit under the procurement authority
879     provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
880     facilities division or the director's designee;
881          (iii) for the attorney general, and only to the extent of procurement activities of the
882     attorney general as an independent procurement unit under the procurement authority provided
883     under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
884     designee;
885          (iv) for the Department of Transportation created in Section 72-1-201, and only to the
886     extent of procurement activities of the Department of Transportation as an independent
887     procurement unit under the procurement authority provided under Title 72, Transportation
888     Code, the executive director of the Department of Transportation or the executive director's
889     designee; or
890          (v) for any other executive branch department, division, office, or entity that has
891     statutory procurement authority outside this chapter, and only to the extent of the procurement
892     activities of the department, division, office, or entity as an independent procurement unit

893     under the procurement authority provided outside this chapter for the department, division,
894     office, or entity, the chief executive officer of the department, division, office, or entity or the
895     chief executive officer's designee.
896          (58) "Procurement unit":
897          (a) means:
898          (i) a legislative procurement unit;
899          (ii) an executive branch procurement unit;
900          (iii) a judicial procurement unit;
901          (iv) an educational procurement unit;
902          (v) the Utah Communications Authority, established in Section 63H-7a-201;
903          (vi) a local government procurement unit;
904          (vii) a local district;
905          (viii) a special service district;
906          (ix) a local building authority;
907          (x) a conservation district;
908          (xi) a public corporation; and
909          (b) does not include a political subdivision created under Title 11, Chapter 13,
910     Interlocal Cooperation Act.
911          (59) "Professional service" means labor, effort, or work that requires specialized
912     knowledge, expertise, and discretion, including labor, effort, or work in the field of:
913          (a) accounting;
914          (b) administrative law judge service;
915          (c) architecture;
916          (d) construction design and management;
917          (e) engineering;
918          (f) financial services;
919          (g) information technology;

920          (h) the law;
921          (i) medicine;
922          (j) psychiatry; or
923          (k) underwriting.
924          (60) "Protest officer" means:
925          (a) for the division or an independent procurement unit:
926          (i) the procurement official;
927          (ii) the procurement official's designee who is an employee of the procurement unit; or
928          (iii) a person designated by rule made by the rulemaking authority; or
929          (b) for a procurement unit other than an independent procurement unit, the chief
930     procurement officer or the chief procurement officer's designee who is an employee of the
931     division .
932          (61) "Public corporation" means the same as that term is defined in Section 63E-1-102.
933          (62) "Public entity" means the state or any other government entity within the state that
934     expends public funds.
935          (63) "Public facility" means a building, structure, infrastructure, improvement, or other
936     facility of a public entity.
937          (64) "Public funds" means money, regardless of its source, including from the federal
938     government, that is owned or held by a procurement unit.
939          (65) "Public transit district" means a public transit district organized under Title 17B,
940     Chapter 2a, Part 8, Public Transit District Act.
941          (66) "Public-private partnership" means an arrangement or agreement, occurring on or
942     after January 1, 2017, between a procurement unit and one or more contractors to provide for a
943     public need through the development or operation of a project in which the contractor or
944     contractors share with the procurement unit the responsibility or risk of developing, owning,
945     maintaining, financing, or operating the project.
946          (67) "Qualified vendor" means a vendor who:

947          (a) is responsible; and
948          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
949     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
950     thresholds set forth in the request for statement of qualifications.
951          (68) "Real property" means land and any building, fixture, improvement, appurtenance,
952     structure, or other development that is permanently affixed to land.
953          (69) "Request for information" means a nonbinding process through which a
954     procurement unit requests information relating to a procurement item.
955          (70) "Request for proposals" means a document used to solicit proposals to provide a
956     procurement item to a procurement unit, including all other documents that are attached to that
957     document or incorporated in that document by reference.
958          (71) "Request for proposals process" means the procurement process described in Part
959     7, Request for Proposals.
960          (72) "Request for statement of qualifications" means a document used to solicit
961     information about the qualifications of a person interested in responding to a potential
962     procurement, including all other documents attached to that document or incorporated in that
963     document by reference.
964          (73) "Requirements contract" means a contract:
965          (a) under which a contractor agrees to provide a procurement unit's entire requirements
966     for certain procurement items at prices specified in the contract during the contract period; and
967          (b) that:
968          (i) does not require a minimum purchase amount; or
969          (ii) provides a maximum purchase limit.
970          (74) "Responsible" means being capable, in all respects, of:
971          (a) meeting all the requirements of a solicitation; and
972          (b) fully performing all the requirements of the contract resulting from the solicitation,
973     including being financially solvent with sufficient financial resources to perform the contract.

974          (75) "Responsive" means conforming in all material respects to the requirements of a
975     solicitation.
976          (76) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
977     adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
978     that govern the applicable procurement unit.
979          (77) "Rulemaking authority" means:
980          (a) for a legislative procurement unit, the Legislative Management Committee;
981          (b) for a judicial procurement unit, the Judicial Council;
982          (c) (i) only to the extent of the procurement authority expressly granted to the
983     procurement unit by statute:
984          (A) for the building board or the facilities division, the building board;
985          (B) for the Office of the Attorney General, the attorney general;
986          (C) for the Department of Transportation created in Section 72-1-201, the executive
987     director of the Department of Transportation; and
988          (D) for any other executive branch department, division, office, or entity that has
989     statutory procurement authority outside this chapter, the governing authority of the department,
990     division, office, or entity; and
991          (ii) for each other executive branch procurement unit, the board;
992          (d) for a local government procurement unit:
993          (i) the governing body of the local government unit; or
994          (ii) an individual or body designated by the local government procurement unit;
995          (e) for a school district or a public school, the board, except to the extent of a school
996     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
997          (f) for a state institution of higher education, the Utah Board of Higher Education;
998          (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
999     State Board of Education;
1000          (h) for a public transit district, the chief executive of the public transit district;

1001          (i) for a local district other than a public transit district or for a special service district,
1002     the board, except to the extent that the board of trustees of the local district or the governing
1003     body of the special service district makes its own rules:
1004          (i) with respect to a subject addressed by board rules; or
1005          (ii) that are in addition to board rules;
1006          (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
1007     Board of Higher Education;
1008          (k) for the School and Institutional Trust Lands Administration, created in Section
1009     53C-1-201, the School and Institutional Trust Lands Board of Trustees;
1010          (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
1011     the School and Institutional Trust Fund Board of Trustees;
1012          (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
1013     Utah Communications Authority board, created in Section 63H-7a-203; or
1014          (n) for any other procurement unit, the board.
1015          (78) "Service":
1016          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
1017     unit;
1018          (b) includes a professional service; and
1019          (c) does not include labor, effort, or work provided under an employment agreement or
1020     a collective bargaining agreement.
1021          (79) "Small purchase process" means the procurement process described in Section
1022     63G-6a-506.
1023          (80) "Sole source contract" means a contract resulting from a sole source procurement.
1024          (81) "Sole source procurement" means a procurement without competition pursuant to
1025     a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
1026     procurement item.
1027          (82) "Solicitation" means an invitation for bids, request for proposals, or request for

1028     statement of qualifications.
1029          (83) "Solicitation response" means:
1030          (a) a bid submitted in response to an invitation for bids;
1031          (b) a proposal submitted in response to a request for proposals; or
1032          (c) a statement of qualifications submitted in response to a request for statement of
1033     qualifications.
1034          (84) "Special service district" means the same as that term is defined in Section
1035     17D-1-102.
1036          (85) "Specification" means any description of the physical or functional characteristics
1037     or of the nature of a procurement item included in an invitation for bids or a request for
1038     proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
1039          (a) a requirement for inspecting or testing a procurement item; or
1040          (b) preparing a procurement item for delivery.
1041          (86) "Standard procurement process" means:
1042          (a) the bidding process;
1043          (b) the request for proposals process;
1044          (c) the approved vendor list process;
1045          (d) the small purchase process; or
1046          (e) the design professional procurement process.
1047          (87) "State cooperative contract" means a contract awarded by the division for and in
1048     behalf of all public entities.
1049          (88) "Statement of qualifications" means a written statement submitted to a
1050     procurement unit in response to a request for statement of qualifications.
1051          (89) "Subcontractor":
1052          (a) means a person under contract to perform part of a contractual obligation under the
1053     control of the contractor, whether the person's contract is with the contractor directly or with
1054     another person who is under contract to perform part of a contractual obligation under the

1055     control of the contractor; and
1056          (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
1057     to a contractor.
1058          (90) "Technology" means the same as "information technology," as defined in Section
1059     63F-1-102.
1060          (91) "Tie bid" means that the lowest responsive bids of responsible bidders are
1061     identical in price.
1062          (92) "Time and materials contract" means a contract under which the contractor is paid:
1063          (a) the actual cost of direct labor at specified hourly rates;
1064          (b) the actual cost of materials and equipment usage; and
1065          (c) an additional amount, expressly described in the contract, to cover overhead and
1066     profit, that is not based on a percentage of the cost to the contractor.
1067          (93) "Transitional costs":
1068          (a) means the costs of changing:
1069          (i) from an existing provider of a procurement item to another provider of that
1070     procurement item; or
1071          (ii) from an existing type of procurement item to another type;
1072          (b) includes:
1073          (i) training costs;
1074          (ii) conversion costs;
1075          (iii) compatibility costs;
1076          (iv) costs associated with system downtime;
1077          (v) disruption of service costs;
1078          (vi) staff time necessary to implement the change;
1079          (vii) installation costs; and
1080          (viii) ancillary software, hardware, equipment, or construction costs; and
1081          (c) does not include:

1082          (i) the costs of preparing for or engaging in a procurement process; or
1083          (ii) contract negotiation or drafting costs.
1084          (94) "Vendor":
1085          (a) means a person who is seeking to enter into a contract with a procurement unit to
1086     provide a procurement item; and
1087          (b) includes:
1088          (i) a bidder;
1089          (ii) an offeror;
1090          (iii) an approved vendor;
1091          (iv) a design professional; and
1092          (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
1093          Section 4. Section 63G-6a-107.6 is amended to read:
1094          63G-6a-107.6. Exemptions from chapter.
1095          (1) Except for this Subsection (1), the provisions of this chapter do not apply to:
1096          (a) a public entity's acquisition of a procurement item from another public entity; or
1097          (b) a public entity that is not a procurement unit, including the Colorado River
1098     Authority of Utah as provided in Section 63M-14-210.
1099          (2) Unless otherwise provided by statute and except for this Subsection (2), the
1100     provisions of this chapter do not apply to the acquisition or disposal of real property or an
1101     interest in real property.
1102          (3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the
1103     provisions of this chapter do not apply to:
1104          (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
1105     Act;
1106          (b) a grant;
1107          (c) medical supplies or medical equipment, including service agreements for medical
1108     equipment, obtained by the University of Utah Hospital through a purchasing consortium if:

1109          (i) the consortium uses a competitive procurement process; and
1110          (ii) the chief administrative officer of the hospital makes a written finding that the
1111     prices for purchasing medical supplies and medical equipment through the consortium are
1112     competitive with market prices;
1113          (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
1114     and State Lands, created in Section 65A-1-4, through the federal General Services
1115     Administration or the National Fire Cache system;
1116          (e) supplies purchased for resale to the public; or
1117          (f) activities related to the management of investments by a public entity granted
1118     investment authority by law.
1119          (4) This chapter does not supersede the requirements for retention or withholding of
1120     construction proceeds and release of construction proceeds as provided in Section 13-8-5.
1121          (5) Except for this Subsection (5), the provisions of this chapter do not apply to a
1122     procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in
1123     the procurement unit's dispute resolution efforts.
1124          Section 5. Section 63J-1-602.2 is amended to read:
1125          63J-1-602.2. List of nonlapsing appropriations to programs.
1126          Appropriations made to the following programs are nonlapsing:
1127          (1) The Legislature and the Legislature's committees.
1128          (2) The State Board of Education, including all appropriations to agencies, line items,
1129     and programs under the jurisdiction of the State Board of Education, in accordance with
1130     Section 53F-9-103.
1131          (3) The Percent-for-Art Program created in Section 9-6-404.
1132          (4) The LeRay McAllister Critical Land Conservation Program created in Section
1133     11-38-301.
1134          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
1135     Subsection 17-16-21(2)(d)(ii).

1136          (6) The Trip Reduction Program created in Section 19-2a-104.
1137          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
1138     the Pelican Management Act, as provided in Section 23-21a-6.
1139          (8) The emergency medical services grant program in Section 26-8a-207.
1140          (9) The primary care grant program created in Section 26-10b-102.
1141          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
1142     26-18-3(7).
1143          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
1144     26-46-102.
1145          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
1146          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1147          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
1148     with Subsection 32B-2-301(8)(a) or (b).
1149          (15) The General Assistance program administered by the Department of Workforce
1150     Services, as provided in Section 35A-3-401.
1151          (16) A new program or agency that is designated as nonlapsing under Section
1152     36-24-101.
1153          (17) The Utah National Guard, created in Title 39, Militia and Armories.
1154          (18) The State Tax Commission under Section 41-1a-1201 for the:
1155          (a) purchase and distribution of license plates and decals; and
1156          (b) administration and enforcement of motor vehicle registration requirements.
1157          (19) The Search and Rescue Financial Assistance Program, as provided in Section
1158     53-2a-1102.
1159          (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1160          (21) The Utah Board of Higher Education for teacher preparation programs, as
1161     provided in Section 53B-6-104.
1162          (22) The Medical Education Program administered by the Medical Education Council,

1163     as provided in Section 53B-24-202.
1164          (23) The Division of Services for People with Disabilities, as provided in Section
1165     62A-5-102.
1166          (24) The Division of Fleet Operations for the purpose of upgrading underground
1167     storage tanks under Section 63A-9-401.
1168          (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1169          (26) Appropriations to the Department of Technology Services for technology
1170     innovation as provided under Section 63F-4-202.
1171          (27) The Office of Administrative Rules for publishing, as provided in Section
1172     63G-3-402.
1173          (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado
1174     River Authority of Utah Act.
1175          [(28)] (29) The Governor's Office of Economic Development to fund the Enterprise
1176     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1177          [(29)] (30) Appropriations to fund the Governor's Office of Economic Development's
1178     Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
1179     Employment Expansion Program.
1180          [(30)] (31) Appropriations to fund programs for the Jordan River Recreation Area as
1181     described in Section 65A-2-8.
1182          [(31)] (32) The Department of Human Resource Management user training program, as
1183     provided in Section 67-19-6.
1184          [(32)] (33) A public safety answering point's emergency telecommunications service
1185     fund, as provided in Section 69-2-301.
1186          [(33)] (34) The Traffic Noise Abatement Program created in Section 72-6-112.
1187          [(34)] (35) The Judicial Council for compensation for special prosecutors, as provided
1188     in Section 77-10a-19.
1189          [(35)] (36) A state rehabilitative employment program, as provided in Section

1190     78A-6-210.
1191          [(36)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
1192          [(37)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1193          [(38)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
1194     and 78B-6-144.5.
1195          [(39)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
1196     Defense Commission.
1197          [(40)] (41) The program established by the Division of Facilities Construction and
1198     Management under Section 63A-5b-703 under which state agencies receive an appropriation
1199     and pay lease payments for the use and occupancy of buildings owned by the Division of
1200     Facilities Construction and Management.
1201          Section 6. Section 63M-14-101 is enacted to read:
1202     
CHAPTER 14. COLORADO RIVER AUTHORITY OF UTAH ACT

1203     
Part 1. General Provisions

1204          63M-14-101. Title.
1205          This chapter is known as the "Colorado River Authority of Utah Act."
1206          Section 7. Section 63M-14-102 is enacted to read:
1207          63M-14-102. Definitions.
1208          As used in this chapter:
1209          (1) "Appointing authority" means an authority named in Section 63M-14-202 that
1210     appoints an authority member for a Colorado River authority area.
1211          (2) "Authority" means the Colorado River Authority of Utah created by Section
1212     63M-14-201.
1213          (3) "Authority member" means a person appointed as a member of the authority under
1214     Section 63M-14-202 or designated as a member of the authority.
1215          (4) "Chair" means the chair of the authority.
1216          (5) "Colorado River Basin States" means Arizona, California, Colorado, Nevada, New

1217     Mexico, Utah, and Wyoming.
1218          (6) "Colorado River authority area" means the geographic area designated by
1219     Subsection 63M-14-202(2).
1220          (7) "Colorado River system" means the entire drainage of the Colorado River in Utah
1221     including both the main stem of the Colorado River and the Colorado River's tributaries.
1222          (8) "Law of the river" means the compacts, federal laws, treaties, court decisions and
1223     decrees, contracts, and regulatory guidelines that underlie and authorize the management and
1224     operation of the Colorado River.
1225          (9) "Restricted account" means the Colorado River Authority Restricted Account
1226     created in Section 63M-14-501.
1227          (10) "River commissioner" means the person appointed under Section 63M-14-301.
1228          Section 8. Section 63M-14-103 is enacted to read:
1229          63M-14-103. Scope of chapter.
1230          (1) This chapter may not be interpreted to override, supersede, or modify any water
1231     right within the state, or the role and authority of the state engineer.
1232          (2) The Division of Water Resources shall coordinate with the authority and river
1233     commissioner in the implementation of this chapter.
1234          Section 9. Section 63M-14-201 is enacted to read:
1235     
Part 2. Authority

1236          63M-14-201. Authority created.
1237          There is created within the governor's office the Colorado River Authority of Utah.
1238          Section 10. Section 63M-14-202 is enacted to read:
1239          63M-14-202. Organization of the authority.
1240          (1) The authority is composed of six authority members:
1241          (a) five authority members who represent Colorado River authority areas; and
1242          (b) one authority member who represents the governor.
1243          (2) The five Colorado River authority areas, defined by existing county boundaries that

1244     reflect the historic and current use of the Colorado River system, include:
1245          (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
1246     Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah
1247     Water Conservancy District;
1248          (b) the Uintah Basin Area composed of Duchesne and Uintah counties,
1249     notwithstanding that these counties fall within the Central Utah Area;
1250          (c) the Price and San Rafael Area composed of Carbon and Emery counties;
1251          (d) the Virgin River Area composed of Kane and Washington counties; and
1252          (e) the State of Utah Area that represents:
1253          (i) the remaining counties using the Colorado River system;
1254          (ii) the Department of Natural Resources and the Department of Natural Resources'
1255     divisions; and
1256          (iii) the users of the Colorado River system that are not specifically included in the
1257     other four Colorado River authority areas and include Daggett, Garfield, Grand, San Juan, and
1258     Wayne counties.
1259          (3) The members of the authority are:
1260          (a) four members appointed as follows:
1261          (i) a representative of the Central Utah Area appointed by the board of trustees of the
1262     Central Utah Water Conservancy District;
1263          (ii) a representative of the Uintah Basin Area appointed jointly by the boards of
1264     trustees of the Duchesne County and Uintah Water Conservancy Districts;
1265          (iii) a representative of the Price and San Rafael Area appointed jointly by the county
1266     commission of Carbon County and the board of trustees of the Emery Water Conservancy
1267     District; and
1268          (iv) a representative of the Virgin River Area appointed by the board of trustees of the
1269     Washington County Water Conservancy District;
1270          (b) the director of the Division of Water Resources as the representative of the State of

1271     Utah Area created in Subsection (2)(e); and
1272          (c) the executive director of the Department of Natural Resources as the representative
1273     of the governor.
1274          (4) A joint appointment required under Subsection (3) requires the agreement of both
1275     appointing authorities before the authority member seat is filled.
1276          (5) An authority member who is appointed under Subsection (3) shall:
1277          (a) be a resident of the state; and
1278          (b) have experience and a general knowledge of:
1279          (i) Colorado River issues and the use of the Colorado River system in the member's
1280     respective Colorado River authority area;
1281          (ii) the development of the use of the waters of the Colorado River system; and
1282          (iii) the rights of this state concerning the resources and benefits of the Colorado River
1283     system.
1284          (6) (a) An appointing authority shall notify the chair of:
1285          (i) the appointing authority's initial appointment to the authority on or before July 1,
1286     2021; and
1287          (ii) the appointment of a new member or when a vacancy is being filled.
1288          (b) An appointment of an authority member is effective when received by the chair.
1289          (c) The initial term of an appointed authority member expires June 30, 2027. Before
1290     June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority
1291     members beginning July 1, 2027, and notify each appointing authority of the duration of the
1292     term of the appointing authority's authority member. The staggering of terms after July 1, 2027,
1293     shall result in approximately one-third of the appointed authority members' terms expiring
1294     every two years. After the respective terms of adjustment are complete, subsequent authority
1295     members shall be appointed by an appointing authority for six-year terms.
1296          (d) An authority member term shall end on June 30. New terms commence on July 1.
1297          (e) An authority member whose term has expired shall serve until replaced or

1298     reappointed by the applicable appointing authority.
1299          (f) An appointing authority may at any time remove the appointing authority's authority
1300     member for neglect of duty or malfeasance in office. If the authority member is jointly
1301     appointed, the authority member may only be removed by joint agreement of both appointing
1302     authorities.
1303          (7) In the event of a vacancy in the authority, the chair shall notify the appointing
1304     authority of the vacancy and ask that an authority member be promptly appointed.
1305          (8) (a) An authority member may not receive compensation or benefits for the
1306     member's service, but may receive per diem and travel expenses in accordance with:
1307          (i) Section 63A-3-106;
1308          (ii) Section 63A-3-107; and
1309          (iii) rules made by the Department of Finance pursuant to Sections 63A-3-106 and
1310     63A-3-107.
1311          (b) If an authority member is a full-time employee with either the state or a water
1312     conservancy district, the authority member is not eligible for the per diem compensation.
1313          (9) The executive director appointed under Section 63M-14-401 shall provide staff
1314     services to the authority.
1315          Section 11. Section 63M-14-203 is enacted to read:
1316          63M-14-203. Authority operation -- Participation of the Department of Natural
1317     Resources.
1318          (1) An authority member has one vote on authority matters.
1319          (2) (a) Four members of the authority constitute a quorum to conduct authority
1320     business.
1321          (b) A vote of four members is needed to pass authority business.
1322          (3) (a) (i) The river commissioner appointed by the governor before the effective date
1323     of this bill shall serve as the chair of the authority until June 30, 2027, if the river
1324     commissioner is a member of the authority.

1325          (ii) Beginning on July 1, 2027, the river commissioner shall be appointed under
1326     Section 63M-14-301 and shall serve as chair of the authority for a term of six years in
1327     accordance with Section 63M-14-302.
1328          (b) The authority may elect other officers such as vice chair, secretary, and treasurer.
1329          (c) The chair, vice chair, secretary, and treasurer are required to be authority members.
1330          (d) Other officers of the authority are not required to be authority members. The
1331     authority shall adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1332     Rulemaking Act, for job responsibilities and terms of offices for the officers appointed under
1333     this Subsection (3)(d).
1334          (e) If an authority officer no longer serves as an officer of the authority, the authority
1335     shall fill the vacancy for the unexpired term of the officer who is no longer serving.
1336          (4) (a) The Department of Natural Resources shall cooperate with the authority.
1337          (b) At the request of the authority, the executive director of the Department of Natural
1338     Resources shall:
1339          (i) provide to the authority data or information collected by the Department of Natural
1340     Resources; and
1341          (ii) ensure that the Department of Natural Resources present information to the
1342     authority.
1343          Section 12. Section 63M-14-204 is enacted to read:
1344          63M-14-204. Authority's general powers and mission -- Management plan.
1345          (1) The authority may advise, support, gather information, and provide input to the
1346     river commissioner.
1347          (2) The mission of the authority is to protect, conserve, use, and develop Utah's waters
1348     of the Colorado River system.
1349          (3) The authority may develop a management plan to ensure that Utah can protect and
1350     develop the Colorado River system and to work to ensure that Utah can live within the state's
1351     apportionment of the Colorado River system.

1352          Section 13. Section 63M-14-205 is enacted to read:
1353          63M-14-205. Records.
1354          (1) The records of the authority and the river commissioner shall be maintained by the
1355     authority.
1356          (2) The authority may classify a record in accordance with Title 63G, Chapter 2,
1357     Government Access and Management Act, including a record described in Subsection
1358     63G-2-305(82).
1359          Section 14. Section 63M-14-206 is enacted to read:
1360          63M-14-206. Adoption of rules.
1361          The authority may, in accordance with Title 63G, Chapter 3, Utah Administrative
1362     Rulemaking Act, adopt rules when expressly authorized by this chapter.
1363          Section 15. Section 63M-14-207 is enacted to read:
1364          63M-14-207. Reports.
1365          (1) The authority shall prepare an annual report of the authority's and river
1366     commissioner's activities and submit the report to the following:
1367          (a) the governor; and
1368          (b) the Legislative Management Committee.
1369          (2) The authority shall respond to and participate in meetings as requested by a
1370     legislative committee or by the governor.
1371          Section 16. Section 63M-14-208 is enacted to read:
1372          63M-14-208. Authority meetings.
1373          The authority shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
1374     holding meetings.
1375          Section 17. Section 63M-14-209 is enacted to read:
1376          63M-14-209. Advisory councils authorized -- Consultations.
1377          (1) (a) The authority may create authorized advisory councils of interested persons for
1378     consultations with the authority.

1379          (b) The authority shall, by no later than December 31, 2021, make rules governing:
1380          (i) authorized advisory councils;
1381          (ii) authorized advisory council members;
1382          (iii) authorized advisory council leadership; and
1383          (iv) authorized topic areas of interest for each authorized advisory council that directly
1384     relate to the mission and objectives of the authority.
1385          (c) The authority may consult with authorized advisory councils and consider data,
1386     information, and input from these authorized advisory councils relevant to the mission and
1387     objectives of the authority.
1388          (2) The authority may consult with relevant watershed councils created under Title 73,
1389     Chapter 10g, Part 3, Watershed Councils Act.
1390          Section 18. Section 63M-14-210 is enacted to read:
1391          63M-14-210. Application of state laws.
1392          (1) (a) The authority is not an executive branch procurement unit under Title 63G,
1393     Chapter 6a, Utah Procurement Code, and is not subject to that chapter.
1394          (b) The authority shall make by rule a procurement procedure substantially similar to
1395     Title 63G, Chapter 6a, Utah Procurement Code, or a procurement code adopted by an
1396     appointing authority.
1397          (c) The authority may contract with an appointing authority that has a local
1398     procurement procedure to deal with procurement in manner consistent with the rules made
1399     under Subsection (1)(b).
1400          (2) (a) The authority shall comply with Title 67, Chapter 19, Utah State Personnel
1401     Management Act, except as provided in this Subsection (2).
1402          (b) (i) The authority may approve, upon recommendation of the chair, that exemption
1403     for specific positions under Subsections 67-19-12(2) and 67-19-15(1) is required to enable the
1404     authority to efficiently fulfill the authority's responsibilities under the law.
1405          (ii) The chair shall consult with the executive director of the Department of Human

1406     Resource Management before making a recommendation under Subsection (2)(b)(i).
1407          (iii) The position of executive director is exempt under Subsections 67-19-12(2) and
1408     67-19-15(1).
1409          (c) (i) The executive director shall set salaries for exempted positions, except for the
1410     executive director, after consultation with the executive director of the Department of Human
1411     Resource Management, within ranges approved by the authority. The chair shall set the salary
1412     of the executive director.
1413          (ii) The authority and executive director shall consider salaries for similar positions in
1414     private enterprise and other public employment when setting salary ranges.
1415          Section 19. Section 63M-14-301 is enacted to read:
1416     
Part 3. River Commissioner

1417          63M-14-301. Appointment of river commissioner.
1418          (1) (a) If the governor appoints the river commissioner before the effective date of this
1419     bill, that appointment expires on June 30, 2027.
1420          (b) If the river commissioner appointed by the governor is also appointed as a member
1421     of the authority, the river commissioner shall serve as the chair of the authority for a term
1422     expiring June 30, 2027.
1423          (c) After June 30, 2027, the authority shall elect a chair, who shall also serve, subject to
1424     the approval of the governor, as the river commissioner.
1425          (2) The term of a river commissioner runs concurrently with the term of the chair as
1426     provided in Sections 63M-14-203 and 63M-14-302.
1427          (3) If the river commissioner no longer serves as river commissioner, the authority
1428     shall fill the vacancy in accordance with Section 63M-14-203.
1429          (4) Notwithstanding Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics
1430     Act, a river commissioner may hold another government position at the same time as being a
1431     river commissioner without creating a conflict of interest.
1432          Section 20. Section 63M-14-302 is enacted to read:

1433          63M-14-302. Term -- Removal of river commissioner.
1434          (1) The term of the river commissioner is six years.
1435          (2) The authority, with the consent of the governor, may remove the river
1436     commissioner if the authority finds that the river commissioner has engaged in neglect of duty
1437     or malfeasance in office. If the river commissioner is removed under this Subsection (2), the
1438     removed river commissioner may not serve as chair of the authority or as a member of the
1439     authority.
1440          Section 21. Section 63M-14-303 is enacted to read:
1441          63M-14-303. Compensation.
1442          The river commissioner shall serve without compensation, but may receive travel
1443     expenses in accordance with:
1444          (1) Section 63A-3-107; and
1445          (2) rules made by the Division of Finance pursuant to Section 63A-3-107.
1446          Section 22. Section 63M-14-304 is enacted to read:
1447          63M-14-304. Duties and powers.
1448          (1) Before legal action on behalf of the state or the users of the waters of the Colorado
1449     River system may be taken under this chapter, the river commissioner shall request that the
1450     governor and attorney general take legal action on behalf of the state and the users of the waters
1451     of the Colorado River system to assure, conserve, protect, and preserve Utah's allocation of the
1452     waters of the Colorado River system as authorized by the law of the river.
1453          (2) Except as provided in Section 63M-14-402, the attorney general shall represent the
1454     river commissioner and the authority, including the authority's members and officers, in all
1455     matters related to the Colorado River. At the request of the authority or the river commissioner,
1456     the attorney general may institute or join legal actions against any party to enforce or defend the
1457     state's rights in matters related to the Colorado River.
1458          (3) The river commissioner shall act for the state and the Utah Colorado River users in
1459     consultations or negotiations with:

1460          (a) the Upper Colorado River Commission;
1461          (b) the states in the Colorado River Compact; and
1462          (c) the government of the United States.
1463          (4) The river commissioner may make and enter into a compact between Utah and
1464     Colorado River Basin States, either jointly or severally. A compact that defines the rights of the
1465     states or of the United States in the waters of the Colorado River system is not binding on Utah
1466     until ratified and approved by:
1467          (a) the Utah State Legislature by joint resolution;
1468          (b) the governor of this state; and
1469          (c) the appropriate federal agency when the federal agency's approval is required.
1470          (5) The river commissioner within the limits of the river commissioner's authority
1471     shall:
1472          (a) represent and act for the state in consultation with other states, the United States,
1473     foreign countries, and private persons, and negotiate and enter into agreements between the
1474     state and those entities, jointly or severally;
1475          (b) represent and act for the state as a member of an interstate or international
1476     commission or other body as may be established relating to the Colorado River system in
1477     transactions with Colorado River Basin States, the federal government, or a foreign country;
1478     and
1479          (c) report to the governor the measures or legislative actions that the river
1480     commissioner considers necessary to carry out the provisions of any law relating to the powers
1481     and duties of the authority.
1482          (6) The river commissioner shall perform the duties imposed by this chapter and
1483     perform all other things the river commissioner considers necessary or expedient to carry out
1484     the purposes of this chapter.
1485          Section 23. Section 63M-14-305 is enacted to read:
1486          63M-14-305. Authority consultation with river commissioner.

1487          (1) The river commissioner shall consult with the authority in exercising the powers
1488     and performing the duties of the river commissioner enumerated in this chapter.
1489          (2) The river commissioner shall report and make recommendations to the authority at
1490     the request of the authority or when the river commissioner considers it proper.
1491          (3) The purpose of consulting with and reporting to the authority is to safeguard and
1492     protect the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the
1493     waters of the Colorado River system.
1494          Section 24. Section 63M-14-306 is enacted to read:
1495          63M-14-306. Investigative powers -- Storage of data relating to the use of the
1496     Colorado River system.
1497          (1) The river commissioner may investigate past, present, and potential uses of the
1498     water of the Colorado River system within and without the state.
1499          (2) The river commissioner shall investigate, coordinate, collate, and preserve
1500     information, facts, and data bearing upon the claims of states and of public or private agencies
1501     within and without the state to and in respect of the water and the use of water of the Colorado
1502     River system.
1503          Section 25. Section 63M-14-401 is enacted to read:
1504     
Part 4. Employees of the Authority

1505          63M-14-401. Executive director.
1506          (1) The chair may hire an executive director.
1507          (2) The executive director:
1508          (a) is responsible for the administering and carrying out the policies of the authority;
1509          (b) shall direct and supervise the technical and administrative activities of the
1510     authority;
1511          (c) subject to the supervision of the chair, is responsible for the conduct of the
1512     administrative function of the river commissioner and the authority; and
1513          (d) shall perform any lawful act necessary to carry out the duties of the authority.

1514          (3) The executive director shall, within the limits of available funding, employ the
1515     employees necessary to carry out the functions and duties of the executive director. The
1516     employees have the duties prescribed by the executive director.
1517          Section 26. Section 63M-14-402 is enacted to read:
1518          63M-14-402. Consultants or other professionals.
1519          To advise the authority on matters relating to the authority, the executive director may:
1520          (1) employ one or more consultants or other professionals; and
1521          (2) employ or retain legal counsel, with the consent of the attorney general, to advise
1522     the authority or river commissioner on matters relating to the authority's or river
1523     commissioner's operations.
1524          Section 27. Section 63M-14-501 is enacted to read:
1525     
Part 5. Financial Operation

1526          63M-14-501. Colorado River Authority Restricted Account.
1527          (1) There is created a restricted account in the General Fund known as the "Colorado
1528     River Authority Restricted Account."
1529          (2) The restricted account shall consist of:
1530          (a) money contributed by the following users of the Colorado River system in an
1531     amount that the respective governing bodies considers advisable:
1532          (i) an irrigation district;
1533          (ii) a nonprofit corporation;
1534          (iii) a water conservancy district;
1535          (iv) a municipality; or
1536          (v) a metropolitan water district;
1537          (b) appropriations of the Legislature;
1538          (c) contributions from other sources, including federal funding; and
1539          (d) interest or earnings on the restricted account.
1540          (3) (a) The state treasurer shall invest money in the restricted account according to

1541     Title 51, Chapter 7, State Money Management Act.
1542          (b) The state treasurer shall deposit interest or other earnings derived from investment
1543     of restricted account money into the restricted account.
1544          (4) Subject to appropriation by the Legislature, money in the restricted account is for
1545     the use of the authority to:
1546          (a) fill the authority's statutory duties related to Utah's allocation of water from the
1547     Colorado River system;
1548          (b) pay the compensation of employees, consultants, and legal counsel; and
1549          (c) pay the travel expenses of the river commissioner.
1550          (5) In addition to money contributed by the users of the Colorado River system
1551     described in Subsection (2)(a), a user may provide in-kind goods and services to the authority.
1552          Section 28. Section 63M-14-502 is enacted to read:
1553          63M-14-502. Budgeting process.
1554          (1) Within the legislative appropriations and in-kind goods and services received by the
1555     authority, the authority shall prepare an annual budget of revenues and expenditures for the
1556     authority for each fiscal year.
1557          (2) The authority may not make expenditures in excess of the total expenditures
1558     established in the annual budget as the budget is adopted or amended.
1559          Section 29. Section 73-10-3 is amended to read:
1560          73-10-3. Organization of board -- Interstate conferences -- Designation of
1561     representative -- Salary -- Compacts -- Ratification required.
1562          (1) The board shall elect a [chairman,] chair and one or more [vice-chairmen,]
1563     vice-chairs who shall be members of the board, and shall establish [its] the board's own rules of
1564     organization and procedure.
1565          (2) The board, with the approval of the executive director of [natural resources] the
1566     Department of Natural Resources and the governor, shall designate a representative who may
1567     be one of [its] the board's members to represent the state [of Utah] in all interstate conferences

1568     between the state [of Utah] and one or more sister states held for the purpose of entering into
1569     compacts between such states for the division of the waters of interstate rivers, lakes, or other
1570     sources of water supply, and to represent the state [of Utah] upon all commissions or other
1571     governing bodies provided for by any compacts [which] that have been or may hereafter be
1572     entered into between the state [of Utah] and one or more sister states. [No such compact shall,
1573     however,] A compact may not become binding upon the state [of Utah until it has been] until
1574     the compact is ratified and approved by the Utah State Legislature [of the state of Utah] and the
1575     legislatures of other states [which] that are parties [thereto] to the compact.
1576          (3) In acting as such representative of the state [of Utah], the representative so acting
1577     shall act under the supervision of the governor, through the executive director of [natural
1578     resources] the Department of Natural Resources and of the Board of Water Resources. The
1579     director of the Division of Finance shall fix the salary to be paid to the representative while
1580     [he] the representative is acting in this capacity.
1581          (4) The designee of the Water Resource Board shall continue to represent the state as
1582     outlined in Subsections (2) and (3) on waters in the state except for the Colorado River system
1583     which is governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act.
1584          Section 30. Section 73-10-4 is amended to read:
1585          73-10-4. Powers and duties of board.
1586          (1) The board shall have the following powers and duties to:
1587          (a) authorize studies, investigations, and plans for the full development, use, and
1588     promotion of the water and power resources of the state, including preliminary surveys, stream
1589     gauging, examinations, tests, and other estimates either separately or in consultation with
1590     federal, state and other agencies;
1591          (b) enter into contracts subject to the provisions of this chapter for the construction of
1592     conservation projects that in the opinion of the board will conserve and use for the best
1593     advantage of the people of this state the water and power resources of the state, including
1594     projects beyond the boundaries of the state of Utah located on interstate waters when the

1595     benefit of such projects accrues to the citizens of the state;
1596          (c) sue and be sued in accordance with applicable law;
1597          (d) supervise in cooperation with the governor and the executive director of natural
1598     resources all matters affecting interstate compact negotiations and the administration of the
1599     compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the
1600     exception of the waters of the Colorado River system that are governed by Title 63M, Chapter
1601     14, Colorado River Authority of Utah Act;
1602          (e) contract with federal and other agencies and with the National Water Resources
1603     Association and to make studies, investigations and recommendations and do all other things
1604     on behalf of the state for any purpose that relates to the development, conservation, protection
1605     and control of the water and power resources of the state;
1606          (f) consult and advise with the Utah Water Users' Association and other organized
1607     water users' associations in the state;
1608          (g) consider and make recommendations on behalf of the state of reclamation projects
1609     or other water development projects for construction by any agency of the state or United
1610     States and in so doing recommend the order in which projects shall be undertaken; or
1611          (h) review, approve, and revoke an application to create a water bank under Chapter
1612     31, Water Banking Act, collect an annual report, maintain the water banking website, and
1613     conduct any other function related to a water bank as described in Chapter 31, Water Banking
1614     Act.
1615          (2) Nothing contained in this section shall be construed to impair or otherwise interfere
1616     with the authority of the state engineer granted by [Title 73, Water and Irrigation] this title,
1617     except as specifically otherwise provided in this section.
1618          Section 31. Section 73-10-18 is amended to read:
1619          73-10-18. Division of Water Resources -- Creation -- Power and authority.
1620          (1) There is created the Division of Water Resources, which shall be within the
1621     Department of Natural Resources under the administration and general supervision of the

1622     executive director [of natural resources] of the Department of Natural Resources and under the
1623     policy direction of the Board of Water Resources.
1624          (2) [The] Except for the waters of the Colorado River system that are governed by Title
1625     63M, Chapter 14, Colorado River Authority of Utah Act, the Division of Water Resources
1626     shall:
1627          (a) be the water resource authority for the state; and
1628          (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
1629     water and power board except those which are delegated to the board by this act and is vested
1630     with such other functions, powers, duties, rights and responsibilities as provided in this act and
1631     other law.
1632          Section 32. Effective date.
1633          If approved by two-thirds of all the members elected to each house, this bill takes effect
1634     upon approval by the governor, or the day following the constitutional time limit of Utah
1635     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1636     the date of veto override.
1637          Section 33. Revisor instructions.
1638          The Legislature intends that the Office of Legislative Research and General Counsel, in
1639     preparing the Utah Code database for publication, replace the references in the following
1640     sections from "the effective date of this bill" to the bill's actual effective date:
1641          (1) Subsection 63M-14-203(3); and
1642          (2) Subsection 63M-14-301(1).