Representative Melissa G. Ballard proposes the following substitute bill:


1     
WATER USAGE DATA AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill addresses water usage data.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires reporting of water usage by a state agency;
13          ▸     defines terms;
14          ▸     requires the Division of Water Resources to conduct a study of public school water
15     use in certain areas;
16          ▸     requires publication and reporting of study findings and recommendations;
17          ▸     provides for procurement of smart irrigation controllers; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          This bill appropriates in fiscal year 2025:
21          ▸     to Department of Natural Resources - Water Resources - Planning as a one-time
22     appropriation:
23               •     from the Water Resources Conservation and Development Fund, One-time,
24     $85,000
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          63A-5b-1108, as enacted by Laws of Utah 2022, Chapter 50
30     ENACTS:
31          73-10-39, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 63A-5b-1108 is amended to read:
35          63A-5b-1108. Water conservation and state government facilities.
36          (1) As used in this section:
37          (a) "Division" means the Division of Water Resources.
38          (b) "Grounds" means the real property, whether fenced or unfenced, of the parcel of
39     land on which is located a state government facility, including a public or private driveway,
40     street, sidewalk or walkway, parking lot, or parking garage on the property.
41          (c) (i) Except as provided in Subsection (1)(c)(ii), "lawn or turf" means nonagricultural
42     land planted in closely mowed, managed grasses.
43          (ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.
44          (d) "Reconstructed" means that a building is subject to construction that affects the
45     exterior of the building or the building's grounds.
46          (e) (i) "State agency" means a department, division, office, entity, agency, or other unit
47     of state government.
48          (ii) "State agency" includes an institution of higher education.
49          (f) (i) "State government facility" means a building, structure, or other improvement
50     that is constructed on property owned by the state, the state's departments, commissions,
51     institutions, or other state agency.
52          (ii) "State government facility" does not include:
53          (A) an unoccupied structure that is a component of the state highway system;
54          (B) a privately owned structure that is located on property owned by the state, the
55     state's department, commission, institution, or other state agency; or
56          (C) a structure that is located on land administered by the trust lands administration

57     under a lease, permit, or contract with the trust lands administration.
58          (2) (a) Unless exempted under Subsection (2)(b), a state agency that owns or occupies
59     a state government facility that is built or reconstructed on or after May 4, 2022, may not have
60     more than 20% of the grounds of the state government facility be lawn or turf.
61          (b) The division may exempt a state government facility from the restrictions of
62     Subsection (2)(a) if the division determines that the purposes of a state agency that occupies the
63     state government facility requires additional lawn or turf.
64          (3) (a) A state agency shall reduce the state agency's outdoor water use as compared to
65     the state agency's outdoor water use for fiscal year 2020:
66          (i) in an amount equal to or greater than 5% by the end of fiscal year 2023; and
67          (ii) in an amount equal to or greater than 25% by the end of fiscal year 2026.
68          (b) A state agency shall submit the following information to the division:
69          (i) by no later than October 1, 2022:
70          (A) the state agency's water use for fiscal year 2020; and
71          (B) the state agency's water use for fiscal year 2022;
72          (ii) by no later than October 1, 2023, the state agency's water use for fiscal year 2023;
73     [and]
74          (iii) by no later than October 1, 2026, the state agency's water use for fiscal year
75     2026[.]; and
76          (iv) beginning on October 1, 2027, annual reports of the state agency's water use for the
77     previous fiscal year.
78          (c) The division shall:
79          (i) post the information provided to the division under this Subsection (3) on a public
80     website; and
81          (ii) by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
82     Rulemaking Act, establish a uniform measure for purposes of this section of a state agency's
83     water use.
84          (4) Except when allowed by the division, a state agency may not water landscapes at a
85     state government facility between the hours of 10 a.m. and 6 p.m.
86          (5) A state agency shall do the following at a state government facility:
87          (a) follow weekly lawn watering guides if issued by the division;

88          (b) manually shut off systems during rain and wind events if the landscape irrigation
89     system does not have rain and wind shutoff functions;
90          (c) implement a leak-detection and repair program for outdoor use;
91          (d) coordinate with the division to implement water efficient methods, technologies,
92     and practices; and
93          (e) at least annually:
94          (i) evaluate opportunities to update irrigation technology with devices that:
95          (A) meet national recognized standards for efficiency;
96          (B) include rain and wind shutoff functions; and
97          (C) include soil moisture sensors;
98          (ii) evaluate opportunities to:
99          (A) subject to Subsection (2), limit lawn or turf on the grounds of a state government
100     facility and replace lawn or turf with water-wise plants; and
101          (B) update facility-management technology to include metering for water-consuming
102     processes related to irrigation and mechanical systems; and
103          (iii) audit and repair a landscape irrigation system so that the landscape irrigation
104     system is operating at maximum acceptable efficiency.
105          Section 2. Section 73-10-39 is enacted to read:
106          73-10-39. Water usage by public schools.
107          (1) As used in this section:
108          (a) "Charter school" means a school created under Title 53G, Chapter 5, Charter
109     Schools.
110          (b) "Division" means the Division of Water Resources.
111          (c) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
112     grasses.
113          (d) "Nonfunctional lawn or turf" means lawn or turf that is ornamental and not
114     regularly used for human recreational purposes or for civic or community events.
115          (e) "Public school" means:
116          (i) a school under the control of a school district;
117          (ii) a charter school; or
118          (iii) the Utah Schools for the Deaf and the Blind.

119          (f) "School property" means the property on which a public school is located.
120          (g) "Smart irrigation controller" means a controller of an irrigation system that is:
121          (i) sensor based and uses real-time measurements of weather information and site
122     conditions such as soil type, plant type, and slope; or
123          (ii) signal based that regularly receives data from local weather stations.
124          (2) The division shall study public schools' water use. As part of the study, the
125     division shall examine a statistically representative group of public schools that are located in a
126     county of the first, second, or third class, and that includes large and small public schools.
127          (3) In conducting the study, the division may consider:
128          (a) whether water use on school property is metered or not metered;
129          (b) a public school's water usage in gallons for indoor and outdoor use that is metered;
130          (c) if the water use is not metered:
131          (i) why the water use is not metered; and
132          (ii) whether there is a timeline to install a meter;
133          (d) square feet of lawn or turf irrigated on school property;
134          (e) square feet of nonfunctional lawn or turf irrigated on school property;
135          (f) other landscaped areas on school property;
136          (g) the public school's location;
137          (h) water saving efforts engaged in by a public school and how much the public school
138     saves in dollars spent on water or gallons of water used; and
139          (i) other factors the division considers helpful.
140          (4) The division may survey the representative group of public schools and the public
141     school's water providers to obtain the information described in Subsection (3) and the public
142     schools and water providers shall use best efforts to respond to the survey.
143          (5) The division shall complete the study by no later than October 1, 2025. The results
144     of the study shall include:
145          (a) recommendations of actions to assist public schools in reducing water use that:
146          (i) may include possible water reduction goals; and
147          (ii) allow for the appropriate use of functional lawn or turf designated for recreational
148     purposes; and
149          (b) recommendations to the Legislature as to whether annual reporting of water use by

150     a public school should be required, and if required:
151          (i) who should report the water use; and
152          (ii) what should be included in the report.
153          (6) The division shall:
154          (a) publish the division's findings and recommendations on the division's public
155     website; and
156          (b) report the division's findings and recommendations by no later than the November
157     2025 interim meeting to:
158          (i) the Natural Resources, Agriculture, and Environment Interim Committee; and
159          (ii) the Education Interim Committee.
160          (7) The Division of Facilities Construction and Management may enter into a state
161     contract through the Division of Purchasing and General Services that may be used by a school
162     district or public school to purchase a smart irrigation controller.
163          Section 3. FY 2025 Appropriation.
164          The following sums of money are appropriated for the fiscal year beginning July 1,
165     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
166     fiscal year 2025.
167          Subsection 3(a). Operating and Capital Budgets.
168          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
169     Legislature appropriates the following sums of money from the funds or accounts indicated for
170     the use and support of the government of the state of Utah.
171     
ITEM 1
     To Department of Natural Resources - Water Resources
172      From Water Resources Conservation and Development Fund,
One-time
$85,000
173      Schedule of Programs:
174      Planning$85,000

175          Section 4. Effective date.
176          This bill takes effect on May 1, 2024.