1st Sub. H.B. 217
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 01-31-23 5:11 PM 6
H.B. 217
1st Sub. (Buff)
Representative Gay Lynn Bennion proposes the following substitute bill:
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
*HB0217S01* 1st Sub. (Buff) H.B. 217 01-31-23 5:11 PM
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26Utah Code Sections Affected:
27AMENDS:
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 natural 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 01-31-23 5:11 PM 1st Sub. (Buff) H.B. 217
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57directly related to reducing the use of energy or water by the school district or charter school:
58 (i) computer equipment and peripherals;
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;
65 (viii) recalibration of equipment for increased efficiency; or
66 (ix) another means of optimizing and measuring energy or water efficiency.
67 (b) Equipment or software purchased in compliance with Subsection (3)(a), when not
68in use to reduce energy or water, may be used for other purposes.
69 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
70state board shall make rules:
71 (a) establishing procedures for applying for and awarding a grant;
72 (b) establishing eligibility criteria;
73 (c) creating grant distribution thresholds;
74 (d) specifying how grant money is allocated among school districts and charter schools;
75 (e) requiring reporting of grant money expenditures and evidence showing that the
76grant money has been used to implement reduced use of energy or water; and
77 (f) establishing technology standards.
78 (5) The state board shall establish a review panel to consider grant applications under
79this section, which shall include in addition to a representative for the state board,
80representation from the Office of Energy Development, the Department of Environmental
81Quality, the Division of Water Resources, and private energy providers.
82 (6) If a school district or charter school uses grant money for purposes other than those
83stated in Subsection (3), the school district or charter school is liable for reimbursing the state
84board in the amount of the grant money improperly used.
85 (7) The state board may use up to 2% of the money appropriated for the grant program
86in accordance with this section for administration and evaluation of the grant program before
87grant distribution. 1st Sub. (Buff) H.B. 217 01-31-23 5:11 PM
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88 (8) By no later than the 2027 November interim meeting of the following, the state
89board shall report on the effectiveness of grants issued under this section to the following:
90 (a) Education Interim Committee; and
91 (b) Natural Resources, Agriculture, and Environment Interim Committee.
92 Section 2. Section 63I-2-253 is amended to read:
93 63I-2-253. Repeal dates: Titles 53 through 53G.
94 (1) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
95technical college board of trustees, is repealed July 1, 2022.
96 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
97General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
98necessary changes to subsection numbering and cross references.
99 (2) Section 53B-6-105.7 is repealed July 1, 2024.
100 (3) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
101July 1, 2023.
102 (4) Section 53B-8-114 is repealed July 1, 2024.
103 (5) The following provisions, regarding the Regents' scholarship program, are repealed
104on July 1, 2023:
105 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
106established under Sections 53B-8-202 through 53B-8-205";
107 (b) Section 53B-8-202;
108 (c) Section 53B-8-203;
109 (d) Section 53B-8-204; and
110 (e) Section 53B-8-205.
111 (6) Section 53B-10-101 is repealed on July 1, 2027.
112 (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
113repealed July 1, 2023.
114 (8) Subsection 53E-1-201(1)(s) regarding the report by the Educational Interpretation
115and Translation Services Procurement Advisory Council is repealed July 1, 2024.
116 (9) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
117evaluation and recommendations, is repealed January 1, 2024.
118 (10) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed July 1, 01-31-23 5:11 PM 1st Sub. (Buff) H.B. 217
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1192024.
120 (11) In Subsections 53F-2-205(4) and (5), regarding the State Board of Education's
121duties if contributions from the minimum basic tax rate are overestimated or underestimated,
122the language that states "or 53F-2-301.5, as applicable" is repealed July 1, 2023.
123 (12) Section 53F-2-209, regarding local education agency budgetary flexibility, is
124repealed July 1, 2024.
125 (13) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
126repealed July 1, 2023.
127 (14) Section 53F-2-302.1, regarding the Enrollment Growth Contingency Program, is
128repealed July 1, 2023.
129 (15) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
130WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
131 (16) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
132repealed July 1, 2024.
133 (17) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
134applicable" is repealed July 1, 2023.
135 (18) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for enrollment
136in kindergarten, is repealed July 1, 2022.
137 (19) In Subsection 53F-4-404(4)(c), the language that states "Except as provided in
138Subsection (4)(d)" is repealed July 1, 2022.
139 (20) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
140 (21) Section 53F-5-220, regarding a management of energy and water pilot program, is
141repealed July 1, 2028.
142 [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
143applicable" is repealed July 1, 2023.
144 [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
145applicable" is repealed July 1, 2023.
146 [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
147applicable" is repealed July 1, 2023.
148 [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
149as applicable" is repealed July 1, 2023. 1st Sub. (Buff) H.B. 217 01-31-23 5:11 PM
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150 [(25)] (26) On July 1, 2023, when making changes in this section, the Office of
151Legislative Research and General Counsel shall, in addition to the office's authority under
152Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
153identified in this section are complete sentences and accurately reflect the office's perception of
154the Legislature's intent.
155 Section 3. Appropriation.
156 The following sums of money are appropriated for the fiscal year beginning July 1,
1572023, and ending June 30, 2024. These are additions to amounts previously appropriated for
158fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
159Act, the Legislature appropriates the following sums of money from the funds or accounts
160indicated for the use and support of the government of the state of Utah.
161ITEM 1
162To State Board of Education -- Contracted Initiatives and Grants
163 From Income Tax Fund, One-time $9,900,000
164 Schedule of Programs:
165 Contracts and Grants $9,900,000
166 The Legislature intends that:
167 (1) the appropriations under this item be used for the grant program under Section
16853F-5-220; and
169 (2) the appropriations under this item not lapse and the use of any nonlapsing funds is
170limited to the purpose described in Subsection (1) of this item.