H.B. 217
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 01-16-23 6:04 PM 6
H.B. 217
1 SCHOOL ENERGY AND W ATER REDUCTIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gay Lynn Bennion
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses grant money for energy and water reductions.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <authorizes the state board to issue grants related to energy and water reductions;
14 <provides for prioritizing certain projects;
15 <requires rulemaking;
16 <requires use of an evaluation panel;
17 <requires reporting; and
18 <provides a repeal date.
19Money Appropriated in this Bill:
20 This bill appropriates in fiscal year 2024:
21 <to State Board of Education - Contracted Initiatives and Grants, as a one-time
22appropriation:
23 Cfrom Income Tax Fund, $9,900,000.
24Other Special Clauses:
25 None
26Utah Code Sections Affected:
27AMENDS:
*HB0217* H.B. 217 01-16-23 6:04 PM
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28 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
29and 409
30ENACTS:
31 53F-5-220, Utah Code Annotated 1953
32
33Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53F-5-220 is enacted to read:
35 53F-5-220. Management of energy and water use pilot program.
36 (1) As used in this section:
37 (a) "Energy" means gas or electricity.
38 (b) "Great Salt Lake watershed" means the drainage area for the Great Salt Lake, the
39Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River
40watershed, and the West Desert watershed.
41 (c) "Rural school district or charter school" means a school district or charter school
42that is located within a county of the third, fourth, fifth, or sixth class.
43 (2) (a) On or after May 3, 2023, but before July 1, 2028, the state board may award a
44grant to a school district or charter school upon recommendation by the review panel created in
45Subsection (5) to implement a program to reduce the use of energy or water by a school district
46or charter school.
47 (b) When issuing a grant under this section, the state board shall prioritize outdoor
48water conservation projects.
49 (c) When issuing a grant under this section during the period beginning on May 3,
502023, and ending October 31, 2023, the state board shall prioritize, in the order the state board
51considers appropriate, a grant:
52 (i) to a rural school district or charter school;
53 (ii) to a school district or charter school that is located within the Great Salt Lake
54watershed; and
55 (iii) for an outdoor water conservation project.
56 (3) (a) Grant money may be used to pay for any of the following, provided the use is
57directly related to reducing the use of energy or water by the school district or charter school:
58 (i) computer equipment and peripherals; 01-16-23 6:04 PM H.B. 217
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59 (ii) software;
60 (iii) upgrades of existing computer equipment or software;
61 (iv) physical equipment used to deliver energy or water;
62 (v) upgrades of existing physical equipment used to deliver energy or water;
63 (vi) personnel to provide technical support or coordination and management;
64 (vii) staff or student management training; or
65 (viii) another means of optimizing and measuring energy or water efficiency.
66 (b) Equipment or software purchased in compliance with Subsection (3)(a), when not
67in use to reduce energy or water, may be used for other purposes.
68 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
69state board shall make rules:
70 (a) establishing procedures for applying for and awarding a grant;
71 (b) establishing eligibility criteria;
72 (c) creating grant distribution thresholds;
73 (d) specifying how grant money is allocated among school districts and charter schools;
74 (e) requiring reporting of grant money expenditures and evidence showing that the
75grant money has been used to implement reduced use of energy or water; and
76 (f) establishing technology standards.
77 (5) The state board shall establish a review panel to consider grant applications under
78this section, which shall include in addition to a representative for the state board,
79representation from the Office of Energy Development, the Department of Environmental
80Quality, the Division of Water Resources, and private energy providers.
81 (6) If a school district or charter school uses grant money for purposes other than those
82stated in Subsection (3), the school district or charter school is liable for reimbursing the state
83board in the amount of the grant money improperly used.
84 (7) The state board may use up to 2% of the money appropriated for the grant program
85in accordance with this section for administration and evaluation of the grant program before
86grant distribution.
87 (8) By no later than the 2027 November interim meeting of the following, the state
88board shall report on the effectiveness of grants issued under this section to the following:
89 (a) Education Interim Committee; and H.B. 217 01-16-23 6:04 PM
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90 (b) Natural Resources, Agriculture, and Environment Interim Committee.
91 Section 2. Section 63I-2-253 is amended to read:
92 63I-2-253. Repeal dates: Titles 53 through 53G.
93 (1) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
94technical college board of trustees, is repealed July 1, 2022.
95 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
96General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
97necessary changes to subsection numbering and cross references.
98 (2) Section 53B-6-105.7 is repealed July 1, 2024.
99 (3) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
100July 1, 2023.
101 (4) Section 53B-8-114 is repealed July 1, 2024.
102 (5) The following provisions, regarding the Regents' scholarship program, are repealed
103on July 1, 2023:
104 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
105established under Sections 53B-8-202 through 53B-8-205";
106 (b) Section 53B-8-202;
107 (c) Section 53B-8-203;
108 (d) Section 53B-8-204; and
109 (e) Section 53B-8-205.
110 (6) Section 53B-10-101 is repealed on July 1, 2027.
111 (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
112repealed July 1, 2023.
113 (8) Subsection 53E-1-201(1)(s) regarding the report by the Educational Interpretation
114and Translation Services Procurement Advisory Council is repealed July 1, 2024.
115 (9) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
116evaluation and recommendations, is repealed January 1, 2024.
117 (10) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed July 1,
1182024.
119 (11) In Subsections 53F-2-205(4) and (5), regarding the State Board of Education's
120duties if contributions from the minimum basic tax rate are overestimated or underestimated, 01-16-23 6:04 PM H.B. 217
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121the language that states "or 53F-2-301.5, as applicable" is repealed July 1, 2023.
122 (12) Section 53F-2-209, regarding local education agency budgetary flexibility, is
123repealed July 1, 2024.
124 (13) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
125repealed July 1, 2023.
126 (14) Section 53F-2-302.1, regarding the Enrollment Growth Contingency Program, is
127repealed July 1, 2023.
128 (15) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
129WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
130 (16) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
131repealed July 1, 2024.
132 (17) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
133applicable" is repealed July 1, 2023.
134 (18) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for enrollment
135in kindergarten, is repealed July 1, 2022.
136 (19) In Subsection 53F-4-404(4)(c), the language that states "Except as provided in
137Subsection (4)(d)" is repealed July 1, 2022.
138 (20) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
139 (21) Section 53F-5-220, regarding a management of energy and water pilot program, is
140repealed July 1, 2028.
141 [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
142applicable" is repealed July 1, 2023.
143 [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
144applicable" is repealed July 1, 2023.
145 [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
146applicable" is repealed July 1, 2023.
147 [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
148as applicable" is repealed July 1, 2023.
149 [(25)] (26) On July 1, 2023, when making changes in this section, the Office of
150Legislative Research and General Counsel shall, in addition to the office's authority under
151Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections H.B. 217 01-16-23 6:04 PM
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152identified in this section are complete sentences and accurately reflect the office's perception of
153the Legislature's intent.
154 Section 3. Appropriation.
155 The following sums of money are appropriated for the fiscal year beginning July 1,
1562023, and ending June 30, 2024. These are additions to amounts previously appropriated for
157fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
158Act, the Legislature appropriates the following sums of money from the funds or accounts
159indicated for the use and support of the government of the state of Utah.
160ITEM 1
161 To State Board of Education -- Contracted Initiatives and Grants
162 From Income Tax Fund, One-time $9,900,000
163 Schedule of Programs:
164 Contracts and Grants $9,900,000
165 The Legislature intends that:
166 (1) the appropriations under this item be used for the grant program under Section
16753F-5-220; and
168 (2) the appropriations under this item not lapse and the use of any nonlapsing funds is
169limited to the purpose described in Subsection (1) of this item.