This document includes House Floor Amendments incorporated into the bill on Wed, Mar 2, 2022 at 12:06 PM by lfindlay.
Senator Michael K. McKell proposes the following substitute bill:


1     
WATER AS PART OF GENERAL PLAN

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to general plans to address water.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a water use and preservation element to be part of a municipal or county
13     general plan with exceptions;
14          ▸     outlines how a water use and preservation element is integrated into a general plan
15     and what steps to take in developing a water use and preservation element;
16          ▸     provides for action related to the general plan by the legislative body of a
17     municipality or county;
18          ▸     addresses assistance by the Division of Water Resources; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2023:
22          ▸     to the Department of Natural Resources - Division of Water Resources as a
23     one-time appropriation:
24               •     from the General Fund, One-time, $300,000.
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          10-9a-401, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
30          10-9a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
31          10-9a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
32          17-27a-401, as last amended by Laws of Utah 2021, Chapter 363
33          17-27a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
34          17-27a-404, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
35     ENACTS:
36          73-10-36, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 10-9a-401 is amended to read:
40          10-9a-401. General plan required -- Content.
41          (1) [In order to] To accomplish the purposes of this chapter, [each] a municipality shall
42     prepare and adopt a comprehensive, long-range general plan for:
43          (a) present and future needs of the municipality; and
44          (b) growth and development of all or any part of the land within the municipality.
45          (2) The general plan may provide for:
46          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
47     activities, aesthetics, and recreational, educational, and cultural opportunities;
48          (b) the reduction of the waste of physical, financial, or human resources that result
49     from either excessive congestion or excessive scattering of population;
50          (c) the efficient and economical use, conservation, and production of the supply of:
51          (i) food and water; and
52          (ii) drainage, sanitary, and other facilities and resources;
53          (d) the use of energy conservation and solar and renewable energy resources;
54          (e) the protection of urban development;
55          (f) if the municipality is a town, the protection or promotion of moderate income
56     housing;
57          (g) the protection and promotion of air quality;
58          (h) historic preservation;
59          (i) identifying future uses of land that are likely to require an expansion or significant
60     modification of services or facilities provided by [each] an affected entity; and
61          (j) an official map.
62          (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
63     income housing growth.
64          (b) On or before December 1, 2019, [each] any of the following that have a general
65     plan that does not comply with Subsection (3)(a) shall amend the general plan to comply with
66     Subsection (3)(a):
67          (i) a city of the first, second, third, or fourth class;
68          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
69     within a county of the first, second, or third class; and
70          (iii) a metro township with a population of 5,000 or more.
71          (c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
72     from:
73          (i) the most recent official census or census estimate of the United States Census
74     Bureau; or
75          (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
76     Utah Population Committee.
77          (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
78     comprehensiveness, extent, and format of the general plan.
79          (5) Except for a city of the fifth class or a town, on or before December 31, 2025, a
80     municipality that has a general plan that does not include a water use and preservation element
81     that complies with Section 10-9a-403 shall amend the municipality's general plan to comply
82     with Section 10-9a-403.
83          Section 2. Section 10-9a-403 is amended to read:
84          10-9a-403. General plan preparation.
85          (1) (a) The planning commission shall provide notice, as provided in Section
86     10-9a-203, of [its] the planning commission's intent to make a recommendation to the
87     municipal legislative body for a general plan or a comprehensive general plan amendment
88     when the planning commission initiates the process of preparing [its] the planning
89     commission's recommendation.
90          (b) The planning commission shall make and recommend to the legislative body a
91     proposed general plan for the area within the municipality.
92          (c) The plan may include areas outside the boundaries of the municipality if, in the
93     planning commission's judgment, those areas are related to the planning of the municipality's
94     territory.
95          (d) Except as otherwise provided by law or with respect to a municipality's power of
96     eminent domain, when the plan of a municipality involves territory outside the boundaries of
97     the municipality, the municipality may not take action affecting that territory without the
98     concurrence of the county or other municipalities affected.
99          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
100     and descriptive and explanatory matter, shall include the planning commission's
101     recommendations for the following plan elements:
102          (i) a land use element that:
103          (A) designates the long-term goals and the proposed extent, general distribution, and
104     location of land for housing for residents of various income levels, business, industry,
105     agriculture, recreation, education, public buildings and grounds, open space, and other
106     categories of public and private uses of land as appropriate; [and]
107          (B) may include a statement of the projections for and standards of population density
108     and building intensity recommended for the various land use categories covered by the plan;
109          (C) except for a city of the fifth class or a town, is coordinated to integrate the land use
110     element with the water use and preservation element; and
111          (D) except for a city of the fifth class or a town, accounts for the effect of land use
112     categories and land uses on water demand;
113          (ii) a transportation and traffic circulation element that:
114          (A) provides the general location and extent of existing and proposed freeways, arterial
115     and collector streets, public transit, active transportation facilities, and other modes of
116     transportation that the planning commission considers appropriate;
117          (B) for a municipality that has access to a major transit investment corridor, addresses
118     the municipality's plan for residential and commercial development around major transit
119     investment corridors to maintain and improve the connections between housing, employment,
120     education, recreation, and commerce;
121          (C) for a municipality that does not have access to a major transit investment corridor,
122     addresses the municipality's plan for residential and commercial development in areas that will
123     maintain and improve the connections between housing, transportation, employment,
124     education, recreation, and commerce; and
125          (D) correlates with the population projections, the employment projections, and the
126     proposed land use element of the general plan; [and]
127          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
128     realistic opportunity to meet the need for additional moderate income housing[.]; and
129          (iv) except for a city of the fifth class or a town, a water use and preservation element
130     that addresses:
131          (A) the effect of permitted development or patterns of development on water demand
132     and water infrastructure;
133          (B) methods of reducing water demand and per capita consumption for future
134     development;
135          (C) methods of reducing water demand and per capita consumption for existing
136     development; and
137          (D) opportunities for the municipality to modify the municipality's operations to
138     eliminate practices or conditions that waste water.
139          (b) In drafting the moderate income housing element, the planning commission:
140          (i) shall consider the Legislature's determination that municipalities shall facilitate a
141     reasonable opportunity for a variety of housing, including moderate income housing:
142          (A) to meet the needs of people of various income levels living, working, or desiring to
143     live or work in the community; and
144          (B) to allow people with various incomes to benefit from and fully participate in all
145     aspects of neighborhood and community life;
146          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
147     how the municipality will provide a realistic opportunity for the development of moderate
148     income housing within the next five years;
149          (iii) for a town, may include, and for other municipalities, shall include, a
150     recommendation to implement three or more of the following strategies:
151          (A) rezone for densities necessary to assure the production of moderate income
152     housing;
153          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
154     construction of moderate income housing;
155          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
156     income housing;
157          (D) consider general fund subsidies or other sources of revenue to waive construction
158     related fees that are otherwise generally imposed by the city;
159          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
160     residential zones;
161          (F) allow for higher density or moderate income residential development in
162     commercial and mixed-use zones, commercial centers, or employment centers;
163          (G) encourage higher density or moderate income residential development near major
164     transit investment corridors;
165          (H) eliminate or reduce parking requirements for residential development where a
166     resident is less likely to rely on the resident's own vehicle, such as residential development near
167     major transit investment corridors or senior living facilities;
168          (I) allow for single room occupancy developments;
169          (J) implement zoning incentives for low to moderate income units in new
170     developments;
171          (K) [utilize] use strategies that preserve subsidized low to moderate income units on a
172     long-term basis;
173          (L) preserve existing moderate income housing;
174          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
175     income housing;
176          (N) participate in a community land trust program for low or moderate income
177     housing;
178          (O) implement a mortgage assistance program for employees of the municipality or of
179     an employer that provides contracted services to the municipality;
180          (P) apply for or partner with an entity that applies for state or federal funds or tax
181     incentives to promote the construction of moderate income housing;
182          (Q) apply for or partner with an entity that applies for programs offered by the Utah
183     Housing Corporation within that agency's funding capacity;
184          (R) apply for or partner with an entity that applies for affordable housing programs
185     administered by the Department of Workforce Services;
186          (S) apply for or partner with an entity that applies for programs administered by an
187     association of governments established by an interlocal agreement under Title 11, Chapter 13,
188     Interlocal Cooperation Act;
189          (T) apply for or partner with an entity that applies for services provided by a public
190     housing authority to preserve and create moderate income housing;
191          (U) apply for or partner with an entity that applies for programs administered by a
192     metropolitan planning organization or other transportation agency that provides technical
193     planning assistance;
194          (V) [utilize] use a moderate income housing set aside from a community reinvestment
195     agency, redevelopment agency, or community development and renewal agency; and
196          (W) any other program or strategy implemented by the municipality to address the
197     housing needs of residents of the municipality who earn less than 80% of the area median
198     income; and
199          (iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
200     municipality that has a fixed guideway public transit station, shall include a recommendation to
201     implement the strategies described in Subsection (2)(b)(iii)(G) or (H).
202          (c) In drafting the land use element, the planning commission shall:
203          (i) identify and consider each agriculture protection area within the municipality; and
204          (ii) avoid proposing a use of land within an agriculture protection area that is
205     inconsistent with or detrimental to the use of the land for agriculture.
206          (d) In drafting the transportation and traffic circulation element, the planning
207     commission shall:
208          (i) consider the regional transportation plan developed by [its] the municipality's
209     region's metropolitan planning organization, if the municipality is within the boundaries of a
210     metropolitan planning organization; or
211          (ii) consider the long-range transportation plan developed by the Department of
212     Transportation, if the municipality is not within the boundaries of a metropolitan planning
213     organization.
214          (e) In drafting the water use and preservation element, the planning commission:
215          (i) shall consider:
216          (A) applicable regional water conservation goals recommended by the Division of
217     Water Resources; and
218          (B) if Section 73-10-32 requires the municipality to adopt a water conservation plan
219     pursuant to Section 73-10-32, the municipality's water conservation plan;
220          (ii) shall include a recommendation for:
221          (A) water conservation policies to be determined by the municipality; and
222          (B) landscaping options within a public street for current and future development that
223     do not require the use of lawn or turf in a parkstrip;
224          (iii) shall review the municipality's land use ordinances and include a recommendation
225     for changes to an ordinance that promotes the inefficient use of water;
226          (iv) shall consider principles of sustainable landscaping, including the:
227          (A) reduction or limitation of the use of lawn or turf;
228          (B) promotion of site-specific landscape design that decreases stormwater runoff or
229     runoff of water used for irrigation;
230          (C) preservation and use of healthy trees that have a reasonable water requirement or
231     are resistant to dry soil conditions;
232          (D) elimination or regulation of ponds, pools, and other features that promote
233     unnecessary water evaporation;
234          (E) reduction of yard waste; and
235          (F) use of an irrigation system, including drip irrigation, best adapted to provide the
236     optimal amount of water to the plants being irrigated;
237          (v) shall consult with the public water system or systems serving the municipality with
238     drinking water regarding how implementation of the land use element and water use and
239     preservation element may affect:
240          (A) water supply planning, including drinking water source and storage capacity
241     consistent with Section 19-4-114; and
242          (B) water distribution planning, including master plans, infrastructure asset
243     management programs and plans, infrastructure replacement plans, and impact fee facilities
244     plans;
245          (vi) may include recommendations for additional water demand reduction strategies,
246     including:
247          (A) creating a water budget associated with a particular type of development;
248          (B) adopting new or modified lot size, configuration, and landscaping standards that
249     will reduce water demand for new single family development;
250          (C) providing one or more water reduction incentives for existing development such as
251     modification of existing landscapes and irrigation systems and installation of water fixtures or
252     systems that minimize water demand;
253          (D) discouraging incentives for economic development activities that do not adequately
254     account for water use or do not include strategies for reducing water demand; and
255          (E) adopting water concurrency standards requiring that adequate water supplies and
256     facilities are or will be in place for new development; and
257          (vii) for a town, may include, and for another municipality, shall include, a
258     recommendation for low water use landscaping standards for a new:
259          (A) commercial, industrial, or institutional development;
260          (B) common interest community, as defined in Section 57-25-102; or
261          (C) multifamily housing project.
262          (3) The proposed general plan may include:
263          (a) an environmental element that addresses:
264          (i) the protection, conservation, development, and use of natural resources, including
265     the quality of:
266          (A) air[,];
267          (B) forests[,];
268          (C) soils[,];
269          (D) rivers;
270          (E) groundwater and other waters[,];
271          (F) harbors[,];
272          (G) fisheries[,];
273          (H) wildlife[,];
274          (I) minerals[,]; and
275          (J) other natural resources; and
276          (ii) (A) the reclamation of land, flood control, prevention and control of the pollution
277     of streams and other waters[,];
278          (B) the regulation of the use of land on hillsides, stream channels and other
279     environmentally sensitive areas[,];
280          (C) the prevention, control, and correction of the erosion of soils[, protection];
281          (D) the Ĥ→ [reservation] preservation ←Ĥ and enhancement of watersheds and
281a     wetlands[,]; and
282          (E) the mapping of known geologic hazards;
283          (b) a public services and facilities element showing general plans for sewage, water,
284     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
285     police and fire protection, and other public services;
286          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
287     programs for:
288          (i) historic preservation;
289          (ii) the diminution or elimination of a development impediment as defined in Section
290     17C-1-102; and
291          (iii) redevelopment of land, including housing sites, business and industrial sites, and
292     public building sites;
293          (d) an economic element composed of appropriate studies and forecasts, as well as an
294     economic development plan, which may include review of existing and projected municipal
295     revenue and expenditures, revenue sources, identification of basic and secondary industry,
296     primary and secondary market areas, employment, and retail sales activity;
297          (e) recommendations for implementing all or any portion of the general plan, including
298     the [use] adoption of land and water use ordinances, capital improvement plans, community
299     development and promotion, and any other appropriate action;
300          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
301     and
302          (g) any other element the municipality considers appropriate.
303          Section 3. Section 10-9a-404 is amended to read:
304          10-9a-404. Public hearing by planning commission on proposed general plan or
305     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
306     by legislative body.
307          (1) (a) After completing [its] the planning commission's recommendation for a
308     proposed general plan, or proposal to amend the general plan, the planning commission shall
309     schedule and hold a public hearing on the proposed plan or amendment.
310          (b) The planning commission shall provide notice of the public hearing, as required by
311     Section 10-9a-204.
312          (c) After the public hearing, the planning commission may modify the proposed
313     general plan or amendment.
314          (2) The planning commission shall forward the proposed general plan or amendment to
315     the legislative body.
316          (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
317     general plan or amendment that [it] the legislative body considers appropriate.
318          (b) If the municipal legislative body rejects the proposed general plan or amendment,
319     [it] the legislative body may provide suggestions to the planning commission for the planning
320     commission's review and recommendation.
321          (4) The legislative body shall adopt:
322          (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
323          (b) a transportation and traffic circulation element as provided in Subsection
324     10-9a-403(2)(a)(ii); [and]
325          (c) for a municipality, other than a town, after considering the factors included in
326     Subsection 10-9a-403(2)(b)(iii), a plan to provide a realistic opportunity to meet the need for
327     additional moderate income housing within the next five years[.]; and
328          (d) except for a city of the fifth class or a town, on or before December 31, 2025, a
329     water use and preservation element as provided in Subsection 10-9a-403(2)(a)(iv).
330          Section 4. Section 17-27a-401 is amended to read:
331          17-27a-401. General plan required -- Content -- Resource management plan --
332     Provisions related to radioactive waste facility.
333          (1) To accomplish the purposes of this chapter, [each] a county shall prepare and adopt
334     a comprehensive, long-range general plan:
335          (a) for present and future needs of the county;
336          (b) (i) for growth and development of all or any part of the land within the
337     unincorporated portions of the county; or
338          (ii) if a county has designated a mountainous planning district, for growth and
339     development of all or any part of the land within the mountainous planning district; and
340          (c) as a basis for communicating and coordinating with the federal government on land
341     and resource management issues.
342          (2) To promote health, safety, and welfare, the general plan may provide for:
343          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
344     activities, aesthetics, and recreational, educational, and cultural opportunities;
345          (b) the reduction of the waste of physical, financial, or human resources that result
346     from either excessive congestion or excessive scattering of population;
347          (c) the efficient and economical use, conservation, and production of the supply of:
348          (i) food and water; and
349          (ii) drainage, sanitary, and other facilities and resources;
350          (d) the use of energy conservation and solar and renewable energy resources;
351          (e) the protection of urban development;
352          (f) the protection and promotion of air quality;
353          (g) historic preservation;
354          (h) identifying future uses of land that are likely to require an expansion or significant
355     modification of services or facilities provided by [each] an affected entity; and
356          (i) an official map.
357          (3) (a) The general plan shall:
358          (i) allow and plan for moderate income housing growth; and
359          (ii) contain a resource management plan for the public lands, as defined in Section
360     63L-6-102, within the county .
361          (b) On or before December 1, 2019, a county with a general plan that does not comply
362     with Subsection (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
363          (c) The resource management plan described in Subsection (3)(a)(ii) shall address:
364          (i) mining;
365          (ii) land use;
366          (iii) livestock and grazing;
367          (iv) irrigation;
368          (v) agriculture;
369          (vi) fire management;
370          (vii) noxious weeds;
371          (viii) forest management;
372          (ix) water rights;
373          (x) ditches and canals;
374          (xi) water quality and hydrology;
375          (xii) flood plains and river terraces;
376          (xiii) wetlands;
377          (xiv) riparian areas;
378          (xv) predator control;
379          (xvi) wildlife;
380          (xvii) fisheries;
381          (xviii) recreation and tourism;
382          (xix) energy resources;
383          (xx) mineral resources;
384          (xxi) cultural, historical, geological, and paleontological resources;
385          (xxii) wilderness;
386          (xxiii) wild and scenic rivers;
387          (xxiv) threatened, endangered, and sensitive species;
388          (xxv) land access;
389          (xxvi) law enforcement;
390          (xxvii) economic considerations; and
391          (xxviii) air.
392          (d) For each item listed under Subsection (3)(c), a county's resource management plan
393     shall:
394          (i) establish findings pertaining to the item;
395          (ii) establish defined objectives; and
396          (iii) outline general policies and guidelines on how the objectives described in
397     Subsection (3)(d)(ii) are to be accomplished.
398          (4) (a) The general plan shall include specific provisions related to [any areas] an area
399     within, or partially within, the exterior boundaries of the county, or contiguous to the
400     boundaries of a county, which are proposed for the siting of a storage facility or transfer facility
401     for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste,
402     as these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
403     proposed site upon the health and general welfare of citizens of the state, and shall provide:
404          (i) the information identified in Section 19-3-305;
405          (ii) information supported by credible studies that demonstrates that [the provisions of]
406     Subsection 19-3-307(2) [have] has been satisfied; and
407          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
408     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
409          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
410     indicating that all proposals for the siting of a storage facility or transfer facility for the
411     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
412     partially within the county are rejected.
413          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
414          (d) The county shall send a certified copy of the ordinance described in Subsection
415     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
416     within 30 days of enactment.
417          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
418          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
419          (ii) send a certified copy of the repeal to the executive director of the Department of
420     Environmental Quality by certified mail within 30 days after the repeal.
421          (5) The general plan may define the county's local customs, local culture, and the
422     components necessary for the county's economic stability.
423          (6) Subject to Subsection 17-27a-403(2), the county may determine the
424     comprehensiveness, extent, and format of the general plan.
425          (7) If a county has designated a mountainous planning district, the general plan for the
426     mountainous planning district is the controlling plan.
427          (8) Nothing in this part may be construed to limit the authority of the state to manage
428     and protect wildlife under Title 23, Wildlife Resources Code of Utah.
429          (9) On or before December 31, 2025, a county that has a general plan that does not
430     include a water use and preservation element that complies with Section 17-27a-403 shall
431     amend the county's general plan to comply with Section 17-27a-403.
432          Section 5. Section 17-27a-403 is amended to read:
433          17-27a-403. General plan preparation.
434          (1) (a) The planning commission shall provide notice, as provided in Section
435     17-27a-203, of [its] the planning commission's intent to make a recommendation to the county
436     legislative body for a general plan or a comprehensive general plan amendment when the
437     planning commission initiates the process of preparing [its] the planning commission's
438     recommendation.
439          (b) The planning commission shall make and recommend to the legislative body a
440     proposed general plan for:
441          (i) the unincorporated area within the county; or
442          (ii) if the planning commission is a planning commission for a mountainous planning
443     district, the mountainous planning district.
444          (c) (i) The plan may include planning for incorporated areas if, in the planning
445     commission's judgment, they are related to the planning of the unincorporated territory or of
446     the county as a whole.
447          (ii) Elements of the county plan that address incorporated areas are not an official plan
448     or part of a municipal plan for any municipality, unless the county plan is recommended by the
449     municipal planning commission and adopted by the governing body of the municipality.
450          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
451     and descriptive and explanatory matter, shall include the planning commission's
452     recommendations for the following plan elements:
453          (i) a land use element that:
454          (A) designates the long-term goals and the proposed extent, general distribution, and
455     location of land for housing for residents of various income levels, business, industry,
456     agriculture, recreation, education, public buildings and grounds, open space, and other
457     categories of public and private uses of land as appropriate; [and]
458          (B) may include a statement of the projections for and standards of population density
459     and building intensity recommended for the various land use categories covered by the plan;
460          (C) is coordinated to integrate the land use element with the water use and preservation
461     element; and
462          (D) accounts for the effect of land use categories and land uses on water demand;
463          (ii) a transportation and traffic circulation element that:
464          (A) provides the general location and extent of existing and proposed freeways, arterial
465     and collector streets, public transit, active transportation facilities, and other modes of
466     transportation that the planning commission considers appropriate;
467          (B) addresses the county's plan for residential and commercial development around
468     major transit investment corridors to maintain and improve the connections between housing,
469     employment, education, recreation, and commerce; and
470          (C) correlates with the population projections, the employment projections, and the
471     proposed land use element of the general plan;
472          (iii) a plan for the development of additional moderate income housing within the
473     unincorporated area of the county or the mountainous planning district, and a plan to provide a
474     realistic opportunity to meet the need for additional moderate income housing; [and]
475          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
476     and policies required by Subsection 17-27a-401(3)[.]; and
477          (v) a water use and preservation element that addresses:
478          (A) the effect of permitted development or patterns of development on water demand
479     and water infrastructure;
480          (B) methods of reducing water demand and per capita consumption for future
481     development;
482          (C) methods of reducing water demand and per capita consumption for existing
483     development; and
484          (D) opportunities for the county to modify the county's operations to eliminate
485     practices or conditions that waste water.
486          (b) In drafting the moderate income housing element, the planning commission:
487          (i) shall consider the Legislature's determination that counties should facilitate a
488     reasonable opportunity for a variety of housing, including moderate income housing:
489          (A) to meet the needs of people of various income levels living, working, or desiring to
490     live or work in the community; and
491          (B) to allow people with various incomes to benefit from and fully participate in all
492     aspects of neighborhood and community life; and
493          (ii) shall include an analysis of how the county will provide a realistic opportunity for
494     the development of moderate income housing within the planning horizon, which may include
495     a recommendation to implement three or more of the following strategies:
496          (A) rezone for densities necessary to assure the production of moderate income
497     housing;
498          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
499     construction of moderate income housing;
500          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
501     income housing;
502          (D) consider county general fund subsidies or other sources of revenue to waive
503     construction related fees that are otherwise generally imposed by the county;
504          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
505     residential zones;
506          (F) allow for higher density or moderate income residential development in
507     commercial and mixed-use zones, commercial centers, or employment centers;
508          (G) encourage higher density or moderate income residential development near major
509     transit investment corridors;
510          (H) eliminate or reduce parking requirements for residential development where a
511     resident is less likely to rely on the resident's own vehicle, such as residential development near
512     major transit investment corridors or senior living facilities;
513          (I) allow for single room occupancy developments;
514          (J) implement zoning incentives for low to moderate income units in new
515     developments;
516          (K) [utilize] use strategies that preserve subsidized low to moderate income units on a
517     long-term basis;
518          (L) preserve existing moderate income housing;
519          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
520     income housing;
521          (N) participate in a community land trust program for low or moderate income
522     housing;
523          (O) implement a mortgage assistance program for employees of the county or of an
524     employer that provides contracted services for the county;
525          (P) apply for or partner with an entity that applies for state or federal funds or tax
526     incentives to promote the construction of moderate income housing;
527          (Q) apply for or partner with an entity that applies for programs offered by the Utah
528     Housing Corporation within that agency's funding capacity;
529          (R) apply for or partner with an entity that applies for affordable housing programs
530     administered by the Department of Workforce Services;
531          (S) apply for or partner with an entity that applies for services provided by a public
532     housing authority to preserve and create moderate income housing;
533          (T) apply for or partner with an entity that applies for programs administered by a
534     metropolitan planning organization or other transportation agency that provides technical
535     planning assistance;
536          (U) [utilize] use a moderate income housing set aside from a community reinvestment
537     agency, redevelopment agency, or community development and renewal agency; and     
538          (V) consider any other program or strategy implemented by the county to address the
539     housing needs of residents of the county who earn less than 80% of the area median income.
540          (c) In drafting the land use element, the planning commission shall:
541          (i) identify and consider each agriculture protection area within the unincorporated area
542     of the county or mountainous planning district; and
543          (ii) avoid proposing a use of land within an agriculture protection area that is
544     inconsistent with or detrimental to the use of the land for agriculture.
545          (d) In drafting the transportation and traffic circulation element, the planning
546     commission shall:
547          (i) consider the regional transportation plan developed by [its] the county's region's
548     metropolitan planning organization, if the relevant areas of the county are within the
549     boundaries of a metropolitan planning organization; or
550          (ii) consider the long-range transportation plan developed by the Department of
551     Transportation, if the relevant areas of the county are not within the boundaries of a
552     metropolitan planning organization.
553          (e) In drafting the water use and preservation element, the planning commission:
554          (i) shall consider applicable regional water conservation goals recommended by the
555     Division of Water Resources;
556          (ii) shall include a recommendation for:
557          (A) water conservation policies to be determined by the county; and
558          (B) landscaping options within a public street for current and future development that
559     do not require the use of lawn or turf in a parkstrip;
560          (iii) shall review the county's land use ordinances and include a recommendation for
561     changes to an ordinance that promotes the inefficient use of water;
562          (iv) shall consider principles of sustainable landscaping, including the:
563          (A) reduction or limitation of the use of lawn or turf;
564          (B) promotion of site-specific landscape design that decreases stormwater runoff or
565     runoff of water used for irrigation;
566          (C) preservation and use of healthy trees that have a reasonable water requirement or
567     are resistant to dry soil conditions;
568          (D) elimination or regulation of ponds, pools, and other features that promote
569     unnecessary water evaporation;
570          (E) reduction of yard waste; and
571          (F) use of an irrigation system, including drip irrigation, best adapted to provide the
572     optimal amount of water to the plants being irrigated;
573          (v) may include recommendations for additional water demand reduction strategies,
574     including:
575          (A) creating a water budget associated with a particular type of development;
576          (B) adopting new or modified lot size, configuration, and landscaping standards that
577     will reduce water demand for new single family development;
578          (C) providing one or more water reduction incentives for existing landscapes and
579     irrigation systems and installation of water fixtures or systems that minimize water demand;
580          (D) discouraging incentives for economic development activities that do not adequately
581     account for water use or do not include strategies for reducing water demand; and
582          (E) adopting water concurrency standards requiring that adequate water supplies and
583     facilities are or will be in place for new development; and
584          (vi) shall include a recommendation for low water use landscaping standards for a new:
585          (A) commercial, industrial, or institutional development;
586          (B) common interest community, as defined in Section 57-25-102; or
587          (C) multifamily housing project.
588          (3) The proposed general plan may include:
589          (a) an environmental element that addresses:
590          (i) to the extent not covered by the county's resource management plan, the protection,
591     conservation, development, and use of natural resources, including the quality of:
592          (A) air[,];
593          (B) forests[,];
594          (C) soils[,];
595          (D) rivers;
596          (E) groundwater and other waters[,];
597          (F) harbors[,];
598          (G) fisheries[,];
599          (H) wildlife[,];
600          (I) minerals[,]; and
601          (J) other natural resources; and
602          (ii) (A) the reclamation of land, flood control, prevention and control of the pollution
603     of streams and other waters[,];
604          (B) the regulation of the use of land on hillsides, stream channels and other
605     environmentally sensitive areas[,];
606          (C) the prevention, control, and correction of the erosion of soils[, protection];
607          (D) the preservation and enhancement of watersheds and wetlands[,]; and
608          (E) the mapping of known geologic hazards;
609          (b) a public services and facilities element showing general plans for sewage, water,
610     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
611     police and fire protection, and other public services;
612          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
613     programs for:
614          (i) historic preservation;
615          (ii) the diminution or elimination of a development impediment as defined in Section
616     17C-1-102; and
617          (iii) redevelopment of land, including housing sites, business and industrial sites, and
618     public building sites;
619          (d) an economic element composed of appropriate studies and forecasts, as well as an
620     economic development plan, which may include review of existing and projected county
621     revenue and expenditures, revenue sources, identification of basic and secondary industry,
622     primary and secondary market areas, employment, and retail sales activity;
623          (e) recommendations for implementing all or any portion of the general plan, including
624     the [use] adoption of land and water use ordinances, capital improvement plans, community
625     development and promotion, and any other appropriate action;
626          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
627     (3)(a)(i); and
628          (g) any other element the county considers appropriate.
629          Section 6. Section 17-27a-404 is amended to read:
630          17-27a-404. Public hearing by planning commission on proposed general plan or
631     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
632     by legislative body.
633          (1) (a) After completing [its] the planning commission's recommendation for a
634     proposed general plan, or proposal to amend the general plan, the planning commission shall
635     schedule and hold a public hearing on the proposed plan or amendment.
636          (b) The planning commission shall provide notice of the public hearing, as required by
637     Section 17-27a-204.
638          (c) After the public hearing, the planning commission may modify the proposed
639     general plan or amendment.
640          (2) The planning commission shall forward the proposed general plan or amendment to
641     the legislative body.
642          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
643     shall provide notice of [its] the legislative body's intent to consider the general plan proposal.
644          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
645     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
646     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
647     (3)(b).
648          (ii) The hearing format shall allow adequate time for public comment at the actual
649     public hearing, and shall also allow for public comment in writing to be submitted to the
650     legislative body for not fewer than 90 days after the date of the public hearing.
651          (c) (i) The legislative body shall give notice of the hearing in accordance with this
652     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
653     complete.
654          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
655     the state Legislature, executive director of the Department of Environmental Quality, the state
656     planning coordinator, the Resource Development Coordinating Committee, and any other
657     citizens or entities who specifically request notice in writing.
658          (iii) Public notice shall be given by publication on the Utah Public Notice Website
659     created in Section 63A-16-601.
660          (iv) The notice shall be published to allow reasonable time for interested parties and
661     the state to evaluate the information regarding [the provisions of] Subsection 17-27a-401(4),
662     including publication described in Subsection (3)(c)(iii) for 180 days before the date of the
663     hearing to be held under this Subsection (3).
664          (4) (a) After the public hearing required under this section, the legislative body may
665     adopt, reject, or make any revisions to the proposed general plan that [it] the legislative body
666     considers appropriate.
667          (b) The legislative body shall respond in writing and in a substantive manner to all
668     those providing comments as a result of the hearing required by Subsection (3).
669          (c) If the county legislative body rejects the proposed general plan or amendment, [it]
670     the legislative body may provide suggestions to the planning commission for the planning
671     commission's review and recommendation.
672          (5) The legislative body shall adopt:
673          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
674          (b) a transportation and traffic circulation element as provided in Subsection
675     17-27a-403(2)(a)(ii);
676          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
677     provide a realistic opportunity to meet the need for additional moderate income housing; [and]
678          (d) before August 1, 2017, a resource management plan as provided by Subsection
679     17-27a-403(2)(a)(iv)[.]; and
680          (e) on or before December 31, 2025, a water use and preservation element as provided
681     in Subsection 17-27a-403(2)(a)(v).
682          Section 7. Section 73-10-36 is enacted to read:
683          73-10-36. Division to provide technical assistance in local government planning.
684          (1) As used in this section:
685          (a) "Division" means the Division of Water Resources.
686          (b) "General plan":
687          (i) for a municipality, means the same as that term is defined in Section 10-9a-103; and
688          (ii) for a county, means the same as that term is defined in Section 17-27a-103.
689          (c) "Local government" means a county or a municipality, as defined in Section
690     10-1-104.
691          (2) The division may provide technical assistance to a local government to support the
692     local government's adoption of a water use and preservation element in a general plan.
693          Section 8. Appropriation.
694          The following sums of money are appropriated for the fiscal year beginning July 1,
695     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
696     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
697     Act, the Legislature appropriates the following sums of money from the funds or accounts
698     indicated for the use and support of the government of the state of Utah.
699     ITEM 1
700          To Department of Natural Resources -- Division of Water Resources
701               From General Fund, One-time
$300,000

702               Schedule of Programs:
703                     Ĥ→ [Program Delivery] Planning ←Ĥ                $300,000
704          The Legislature intends that the appropriation under this item be used to fund the cost
705     of the Division of Water Resources providing technical assistance under Section 73-10-36 to a
706     local government's adoption of a water use or preservation element in a general plan. The
707     Legislature intends that the appropriation in this item be nonlapsing.