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7 LONG TITLE
8 General Description:
9 This bill addresses Utah's management of Utah's Colorado River system interests.
10 Highlighted Provisions:
11 This bill:
12 ▸ enacts the Colorado River Authority of Utah Act, including:
13 • defining terms;
14 • describing the scope of the chapter;
15 • creating the authority;
16 • providing for the organization and operation of the authority;
17 • establishing the authority's powers and mission;
18 • addressing creation of a management plan;
19 • providing for rulemaking, reporting, and recordkeeping;
20 • addressing authority meetings, including closure of meetings;
21 • 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); [
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; [
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[
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); [
576 (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
577 prohibited under Section 63G-26-103[
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 [
1176 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1177 [
1178 Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
1179 Employment Expansion Program.
1180 [
1181 described in Section 65A-2-8.
1182 [
1183 provided in Section 67-19-6.
1184 [
1185 fund, as provided in Section 69-2-301.
1186 [
1187 [
1188 in Section 77-10a-19.
1189 [
1190 78A-6-210.
1191 [
1192 [
1193 [
1194 and 78B-6-144.5.
1195 [
1196 Defense Commission.
1197 [
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
1203
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
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
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
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
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 [
1563 vice-chairs who shall be members of the board, and shall establish [
1564 organization and procedure.
1565 (2) The board, with the approval of the executive director of [
1566 Department of Natural Resources and the governor, shall designate a representative who may
1567 be one of [
1568 between the state [
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 [
1571 governing bodies provided for by any compacts [
1572 entered into between the state [
1573
1574 the compact is ratified and approved by the Utah State Legislature [
1575 legislatures of other states [
1576 (3) In acting as such representative of the state [
1577 shall act under the supervision of the governor, through the executive director of [
1578
1579 director of the Division of Finance shall fix the salary to be paid to the representative while
1580 [
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 [
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 [
1623 policy direction of the Board of Water Resources.
1624 (2) [
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).