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• 2024 General Session
• H.B. 11

H.B. 11 Water Efficient Landscaping Requirements

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Owens, Doug

Floor Sponsor: Sen. Winterton, Ronald M.

• Substitute Sponsor: Rep. Owens, Doug

• Drafting Attorney: Patricia Owen
• Fiscal Analyst: Rachel Boe

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• Bill Text
  • Introduced
  • Enrolled

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• Other Versions
  • H.B. 11
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • House Transmittal Letter 3
    • Senate Transmittal Letter 1
    • Senate Transmittal Letter 2
  • H.B. 11 1st Substitute
    Substitute Sponsor: Owens, D.
    

    • Introduced
    • Fiscal Note
    • HB0011 comparison

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• Related Documents
  • Fiscal Note
  • HB0011S01 comparison

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• Information
  • Last Action: 12 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Natural Resources
  • Government Operations (State Issues)
  • Water

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Enrolled

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H.B. 11

5 11-39-108 53G-7-224 72-7-111

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WATER EFFICIENT LANDSCAPING REQUIREMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Doug Owens Senate Sponsor: Ronald M. Winterton

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LONG TITLE

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General Description:

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This bill addresses use of overhead spray irrigation.

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Highlighted Provisions:

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This bill:

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▸defines terms;

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▸restricts the use of overhead spray irrigation by certain governmental entities; and

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▸makes technical changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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ENACTS:

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11-39-108, Utah Code Annotated 1953

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53G-7-224, Utah Code Annotated 1953

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72-7-111, Utah Code Annotated 1953

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 11-39-108 is enacted to read:

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11-39-108. Use of overhead spray irrigation.

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(1) As used in this section:

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(a) "Active recreation area" means an area of local entity property that is:

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(i) dedicated to active use; and

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(ii) installed or maintained on an area with a slope of not more than 25%.

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(b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor

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activities, such as:

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(i) a sports field;

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(ii) a social gathering area;

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(iii) an amphitheater;

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(iv) a park;

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(v) the playing area, including roughs, driving ranges, and chipping and putting

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greens, of a golf course; or

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(vi) a cemetery.

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(c) "Great Salt Lake basin" means the area within:

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(i) the surveyed meander line of the Great Salt Lake;

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(ii) the drainage areas of the Bear River or the Bear River's tributaries;

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(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;

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(iv) the drainage areas of the Weber River or the Weber River's tributaries;

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(v) the drainage areas of the Jordan River or the Jordan River's tributaries;

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(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;

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(vii) other water drainages lying between the Bear River and the Jordan River that are

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tributary to the Great Salt Lake and not included in the drainage areas described in

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Subsections (1)(c)(ii) through (vi); and

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(viii) the drainage area of Tooele Valley.

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(d) "Landscaped area" means those portions of local entity property that are not, or will

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not be, occupied by:

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(i) a permanent structure; or

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(ii) an impervious surface associated with vehicular or pedestrian access or use, such

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as a driveway, sidewalk, or parking lot.

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(e) "Local entity property" means real property owned by a local entity.

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(f) "New construction" means a project for the construction of a public facility on local

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entity property that includes a new or modified landscaped area of more than 7,500

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square feet.

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(g) "Overhead spray irrigation" means above ground irrigation heads that spray water

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through a nozzle.

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(h) "Parkstrip" means the area between the back of a curb or, if there is no curb, the edge

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of pavement and the sidewalk.

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(i) "Public facility" means a building, structure, infrastructure, improvement, park,

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playground, or other facility of a local entity.

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(j) "Reconstruction" means a project for renovation, alteration, improvement, or repair

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of a public facility on local entity property that affects more than 25% of the

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landscaped area existing before the reconstruction.

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(2) (a) A local entity with local entity property within the Great Salt Lake basin that

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undertakes new construction or reconstruction on the local entity property on or after

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May 1, 2024, may not install, maintain, or use overhead spray irrigation in a

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landscaped area of the local entity property unless the landscaped area is an active

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recreation area.

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(b) A local entity may not install, maintain, or use overhead spray irrigation to irrigate

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the following within an active recreation area described in Subsection (2)(a):

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(i) a park strip;

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(ii) an area with a width of less than eight feet; or

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(iii) in an area that is a planting bed.

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(c) A local entity may not treat local entity property as an active recreation area if the

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area is sized larger than reasonably required for the anticipated use the area is

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intended to accommodate.

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Section 2, Section 53G-7-224 is enacted to read:

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53G-7-224. Use of overhead spray irrigation.

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(1) As used in this section:

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(a) "Active recreation area" means an area of school property that is:

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(i) dedicated to active use; and

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(ii) installed or maintained on an area with a slope of not more than 25%.

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(b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor

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activities, such as:

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(i) a sports field;

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(ii) a social gathering area; or

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(iii) an amphitheater.

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(c) "Great Salt Lake basin" means the area within:

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(i) the surveyed meander line of the Great Salt Lake;

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(ii) the drainage areas of the Bear River or the Bear River's tributaries;

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(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;

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(iv) the drainage areas of the Weber River or the Weber River's tributaries;

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(v) the drainage areas of the Jordan River or the Jordan River's tributaries;

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(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;

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(vii) other water drainages lying between the Bear River and the Jordan River that are

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tributary to the Great Salt Lake and not included in the drainage areas described in

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Subsections (1)(c)(ii) through (vi); and

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(viii) the drainage area of Tooele Valley.

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(d) "Landscaped area" means those portions of school property that are not, or will not

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be, occupied by:

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(i) a permanent structure; or

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(ii) an impervious surface associated with vehicular or pedestrian access or use, such

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as a driveway, sidewalk, or parking lot.

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(e) "LEA" means:

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(i) a school district;

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(ii) a charter school, other than an online-only charter school; or

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(iii) the Utah Schools for the Deaf and the Blind.

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(f) "New construction" means a project for the construction of a public facility on school

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property that includes a new or modified landscaped area of more than 7,500 square

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feet.

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(g) "Overhead spray irrigation" means above ground irrigation heads that spray water

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through a nozzle.

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(h) "Parkstrip" means the area between the back of a curb or, if there is no curb, the edge

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of pavement and the sidewalk.

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(i) "Public facility" means a building, structure, infrastructure, improvement, sports

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field, playground, or other facility of an LEA.

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(j) "Reconstruction" means a project for the renovation, alteration, improvement, or

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repair of a public facility on school property that affects more than 25% of the

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landscaped area existing before the reconstruction.

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(k) "School property" means real property owned by an LEA.

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(2) (a) An LEA with school property within the Great Salt Lake basin that undertakes

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new construction or reconstruction on the school property on or after May 1, 2024,

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may not install, maintain, or use overhead spray irrigation in a landscaped area of the

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school property unless the landscaped area is an active recreation area.

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(b) An LEA may not install, maintain, or use overhead spray irrigation to irrigate the

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following within an active recreation area described in Subsection (2)(a):

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(i) a park strip;

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(ii) an area with a width of less than eight feet; or

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(iii) in an area that is a planting bed.

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(c) An LEA may not treat school property as an active recreation area if the area is sized

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larger than reasonably required for the anticipated use the area is intended to

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accommodate.

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(3) Nothing in this section:

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(a) requires an LEA to submit a land use application to a municipality or county to

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landscape school property; or

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(b) authorizes a municipality or county to:

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(i) impose landscaping requirements on school property; or

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(ii) require an LEA to obtain approval for landscaping on school property.

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Section 3, Section 72-7-111 is enacted to read:

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72-7-111. Use of overhead spray irrigation.

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(1) As used in this section:

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(a) "Great Salt Lake basin" means the area within:

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(i) the surveyed meander line of the Great Salt Lake;

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(ii) the drainage areas of the Bear River or the Bear River's tributaries;

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(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;

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(iv) the drainage areas of the Weber River or the Weber River's tributaries;

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(v) the drainage areas of the Jordan River or the Jordan River's tributaries;

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(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;

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(vii) other water drainages lying between the Bear River and the Jordan River that are

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tributary to the Great Salt Lake and not included in the drainage areas described in

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Subsections (1)(a)(ii) through (vi); and

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(viii) the drainage area of Tooele Valley.

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(b) "Overhead spray irrigation" means above ground irrigation heads that spray water

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through a nozzle.

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(2) Except as provided in Subsection (3), on land within the Great Salt Lake basin a

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highway authority may not install, maintain, or allow for the installation or maintenance

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by others of landscaping in a highway construction project commenced on or after May

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1, 2024, that uses overhead spray irrigation within the portion of the highway:

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(a) located between the back of the curb on either side of the highway, including in a

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median or roundabout; or

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(b) if there is no curb, between the shoulders contiguous to the traveled way, including

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in a median or roundabout.

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(3) Subsection (2) does not prohibit the temporary use of overhead spray irrigation for the

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period of time reasonably required to allow drought tolerant perennial plants to establish

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a healthy root system.

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