2nd Sub. H.B. 538
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-28-23 12:38 PM 6
H.B. 538
2nd Sub. (Gray)
Representative Keven J. Stratton proposes the following substitute bill:
1 WATER USAGE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Doug Owens
5 Senate Sponsor: Michael K. McKell
6
7LONG TITLE
8General Description:
9 This bill establishes penalties for watering lawn or turf during a restricted period.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <addresses civil citations for watering lawn or turf during a restricted period; and
14 <establishes a sunset date.
15Money Appropriated in this Bill:
16 None
17Other Special Clauses:
18 None
19Utah Code Sections Affected:
20AMENDS:
21 63I-1-273, as last amended by Laws of Utah 2022, Chapters 68, 79
22ENACTS:
23 73-10-38, Utah Code Annotated 1953
24 78B-6-2401, Utah Code Annotated 1953
25 78B-6-2402, Utah Code Annotated 1953
*HB0538S02* 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
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26 78B-6-2403, Utah Code Annotated 1953
27 78B-6-2404, Utah Code Annotated 1953
28 78B-6-2405, Utah Code Annotated 1953
29
30Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63I-1-273 is amended to read:
32 63I-1-273. Repeal dates: Title 73.
33 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
34January 1, 2031.
35 (2) Section 73-10-38 is repealed July 1, 2028.
36 [(2)] (3) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization,
37on July 1, 2025:
38 (a) Section 73-10g-202 is repealed; and
39 (b) Section 73-10g-203 is repealed.
40 [(3)] (4) Section 73-18-3.5, which authorizes the Division of Outdoor Recreation to
41appoint an advisory council that includes in the advisory council's duties advising on boating
42policies, is repealed July 1, 2024.
43 [(4)] (5) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July
441, 2027.
45 [(5)] (6) In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
462030:
47 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
48 (b) Subsection 73-10-4(1)(h) is repealed; and
49 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
50 Section 2. Section 73-10-38 is enacted to read:
51 73-10-38. Conveyance of water.
52 (1) As used in this section:
53 (a) "Division" means the Division of Water Resources created in Section 73-10-18.
54 (b) "Great Salt Lake basin" means the same as that term is defined in Section
5578B-6-2401.
56 (c) "Large retail water supplier" means a retail water supplier that serves at least 10,000 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
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57people.
58 (d) "Large secondary water retail supplier" means a secondary water supplier that
59supplies more than 5,000 secondary water connections.
60 (e) "Lawn or turf" means the same as that term is defined in Section 78B-6-2401.
61 (f) "Public benefit property" means the same as that term is defined in Section
6278B-6-2401.
63 (g) "Retail water supplier" means a person that:
64 (i) supplies water for human consumption and other domestic uses to an end user; and
65 (ii) has more than 500 service connections.
66 (h) "Secondary water" means the same as that term is defined in Section 78B-6-2401.
67 (i) "Secondary water connection" means the location at which water leaves a secondary
68water supplier's pipeline and enters into the pipes owned by another person to supply water to
69an end user.
70 (j) "Secondary water supplier" means an entity that supplies pressurized secondary
71water to the end user of the secondary water.
72 (k) "Shoulder season" means the time period that begins on October 1 of a calendar
73year and ends on April 25 of the following calendar year.
74 (l) "Wholesale water supplier" means a person that provides most of the person's water
75to:
76 (i) a retail water supplier;
77 (ii) a secondary water supplier; or
78 (iii) a combination of a retail water supplier and a secondary water supplier.
79 (2) Except as provided in Subsection (3)(b), a retail water supplier or a secondary water
80supplier within the Great Salt Lake basin shall adopt an ordinance, resolution, rule, or
81regulation that prohibits the use of culinary water or pressurized secondary water for the
82irrigation of lawn or turf within the Great Salt Lake basin during a shoulder season.
83 (3) An ordinance, resolution, rule, or regulation described in Subsection (2):
84 (a) shall be adopted on or before October 1, 2023;
85 (b) may include an exemption for water used during a shoulder season:
86 (i) on lawn or turf that is located on public benefit property;
87 (ii) for the watering of a food-bearing plant; or 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
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88 (iii) on new landscaping for one year after the landscaping is installed; and
89 (c) may adjust the definition of a shoulder season to begin earlier than October 1 or end
90later than April 25 based on local growing conditions.
91 (4) A large retail water supplier or a large secondary water retail supplier shall:
92 (a) on or before June 15 of each year, calculate:
93 (i) the amount of water that, but for the immediately preceding shoulder season, would
94otherwise have reasonably been depleted during the immediately preceding shoulder season for
95the irrigation of non-exempt lawn or turf within the water supplier's service area; and
96 (ii) of the amount calculated under Subsection (4)(a)(i), the amount that is attributable
97to surface water that would have passed through a reservoir, including surface water that would
98have been delivered to the water supplier through a reservoir by a wholesale water supplier;
99 (b) prepare a written explanation of how the calculation described in Subsection (4)(a)
100was made, including the share of water attributable to a wholesale water supplier under
101Subsection (4)(a)(ii); and
102 (c) on or before June 30 of each year, provide the calculation and written explanation
103to the division.
104 (5) A large retail water supplier or a large secondary water retail supplier does not need
105to make the calculation described in Subsection (4)(a) if that calculation has been performed by
106another large retail water supplier or a large secondary water retail supplier for the same service
107area.
108 (6) A wholesale water supplier shall assist a large retail water supplier, or a large
109secondary retail water supplier, that receives water from the wholesale water supplier in
110making the calculation described in Subsection (4)(a).
111 (7) In making the calculation described in Subsection (4)(a):
112 (a) water that is imported from outside the Great Salt Lake basin shall be excluded; and
113 (b) the amount of water that would have been depleted may be determined using any
114reasonable basis, including accounting for variability due to temperatures and precipitation
115during the period water would have reasonably been used.
116 (8) The division shall publish the calculation described in Subsection (4)(a) on the
117division's website on or before October 1 of each year.
118 (9) Nothing in this section prohibits a retail water supplier or a secondary water 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
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119supplier from adopting or enforcing limitations or prohibitions on the use of water for lawn or
120turf during times outside of the shoulder season.
121 Section 3. Section 78B-6-2401 is enacted to read:
122 78B-6-2401. Definitions.
123 As used in this part:
124 (1) "Authorized officer" means:
125 (a) a law enforcement officer as defined in Section 53-13-103; or
126 (b) a local entity inspector.
127 (2) "Great Salt Lake basin" means the area within:
128 (a) the drainage areas of the Bear River or the Bear River's tributaries;
129 (b) the drainage areas of Bear Lake or Bear Lake's tributaries;
130 (c) the drainage areas of the Weber River or the Weber River's tributaries;
131 (d) the drainage areas of the Jordan River or the Jordan River's tributaries;
132 (e) the drainage areas of Utah Lake or Utah Lake's tributaries;
133 (f) other water drainages lying between the Bear River and the Jordan River that are
134tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
135(2)(a) through (e); and
136 (g) the drainage area of Tooele Valley.
137 (3) (a) "Lawn or turf" means nonagricultural land planted with mowed or managed
138grasses.
139 (b) "Lawn or turf" does not mean land planted by sod farmers.
140 (4) "Local entity" means the municipality or county where the real property is located.
141 (5) "Local entity inspector" is a person appointed by a local entity for the purpose of
142enforcing the provisions of this chapter.
143 (6) "Non-owner occupant" means a person:
144 (a) who is not an owner of record of the real property and who occupies the property
145under a lease, contract, or other agreement with the owner;
146 (b) who manages the property; or
147 (c) who is responsible for the property, including a manager or agent of the owner.
148 (7) "Public benefit property" means real property that is dedicated primarily to public
149use, regardless of ownership, and is limited to: 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
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150 (a) a school;
151 (b) an amphitheater;
152 (c) a park or play field;
153 (d) a cemetery;
154 (e) a golf course; or
155 (f) a stadium or other venue that uses lawn or turf for professional, semi-professional,
156or collegiate sports.
157 (8) "Restricted period" means:
158 (a) within the Great Salt Lake basin, the period of time before April 25 and after
159October 1;
160 (b) within a particular county, a day on which the Division of Water Resources posts a
161notice on a website administered by the division indicating that no irrigation of lawn or turf
162should be conducted on that day; or
163 (c) a day that irrigation of lawn or turf is prohibited by an ordinance, resolution,
164regulation, or rule of the municipality, county, retail public water supplier, or secondary water
165supplier where the real property is located.
166 (9) "Secondary water" means water that:
167 (a) is delivered to and used by an end user for the irrigation of landscaping or a garden;
168and
169 (b) is not culinary water or water used on land assessed under Title 59, Chapter 2, Part
1705, Farmland Assessment Act.
171 Section 4. Section 78B-6-2402 is enacted to read:
172 78B-6-2402. Citation - Civil penalty.
173 (1) Except as provided in Subsection (4), an owner or non-owner occupant of real
174property may not knowingly conduct, aid, or allow the use of culinary water or pressurized
175secondary water for the irrigation of lawn or turf during a restricted period.
176 (2) An authorized officer may issue a written citation to an owner or non-owner
177occupant who violates Subsection (1).
178 (3) An individual who receives a citation under this section is subject to a civil penalty
179of:
180 (a) a fine of $45 for the first citation; or 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
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181 (b) double the fine imposed for an immediately preceding citation in the same calendar
182year.
183 (4) This section does not apply to:
184 (a) public benefit property; or
185 (b) the use of water for:
186 (i) new landscaping for one year after the landscaping is installed; or
187 (ii) the watering of a food-bearing plant.
188 (5) An owner or non-owner occupant of real property is subject to the provisions of
189this part regardless of whether the individual is directly responsible for the operation of the
190irrigation system serving the lawn or turf.
191 (6) (a) Except as provided in Subsection (7), an authorized officer shall serve written
192notice, as a warning, in accordance with Subsection (6)(b) at least five days before the day on
193which the authorized officer issues a citation under this part, to:
194 (i) a property owner of record according to the records of the county recorder; or
195 (ii) a non-owner occupant of the property if the property owner is not an occupant of
196the property.
197 (b) The written notice described in Subsection (6)(a) shall be served:
198 (i) on the owner of record by posting on the property, or by mailing the notice to the
199last-known address of the owner, according to the county recorder's records; or
200 (ii) subject to Subsection (6)(a)(ii), on a non-owner occupant of the property, by
201posting on the property or by mail to the property address.
202 (c) In the written notice described in Subsection (6)(a), the authorized officer shall:
203 (i) identify the property owner of record according to the county recorder's records;
204 (ii) identify the relevant ordinance, resolution, regulation, rule, or notice establishing
205the restricted period;
206 (iii) describe the violation of the relevant ordinance, resolution, regulation, rule, or
207notice; and
208 (iv) describe the fine that may be imposed.
209 (d) If an owner or non-owner occupant that is served a notice described in Subsection
210(6)(b) ceases violation of the provision described in the notice within five days after the day on
211which the notice is served, the authorized officer may not issue a citation, unless, after the 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
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212five-day period described in this Subsection (6)(d), the owner or non-owner occupant violates a
213provision described in Subsection (6)(c)(iii).
214 (7) An authorized officer is not required to make more than one written notice under
215Subsection (6) for each calendar year.
216 Section 5. Section 78B-6-2403 is enacted to read:
217 78B-6-2403. Collection of civil penalty.
218 (1) A local entity shall mail a notice of the civil penalty amount, for a citation issued
219under Section 78B-6-2402, by first-class or certified mail within 14 days after the day on which
220a citation is issued under Section 78B-6-2402.
221 (2) (a) An individual liable under Section 78B-6-2402 shall remit payment of a civil
222penalty to the local entity that provides the notice required by Subsection (1) within 90 days
223after the day on which the notice is sent.
224 (b) Notwithstanding Subsection (2)(a), a local entity may:
225 (i) reduce the amount of a civil penalty; or
226 (ii) negotiate a payment schedule for a civil penalty.
227 (3) (a) A civil penalty imposed under this section may be appealed as provided in
228Section 78B-6-2405.
229 (b) Notwithstanding Subsection (2), the payment of a civil payment is stayed pending
230an appeal made under Section 78B-6-2405.
231 (4) The amount of a civil penalty owed under this part is considered a debt owed to the
232local entity by the person cited under this part.
233 (5) Upon receiving the notice required by Subsection (1), a person owing a civil
234penalty under this section is liable in a civil action brought in the name of the local entity for
235recovery of:
236 (a) the civil penalty; and
237 (b) reasonable attorney fees.
238 Section 6. Section 78B-6-2404 is enacted to read:
239 78B-6-2404. Reservation of legal options - Ordinances.
240 (1) The provisions of this part are provided for in addition to any other civil or criminal
241statute.
242 (2) A local entity may adopt by ordinance stricter provisions controlling the use of 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
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243water on lawn or turf, including a different or higher fine schedule, than those provided in this
244part.
245 Section 7. Section 78B-6-2405 is enacted to read:
246 78B-6-2405. Appeals.
247 A person that receives a civil penalty under this part may appeal the penalty under the
248procedures used by the local entity for appealing a violation of an ordinance.