UT
Utah Senate Bill SB0305

Utah 2025 Regular Session

Utah Senate Bill SB0305 Compare Versions

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1-03-04 19:53 S.B. 305
1+02-19 13:48 S.B. 305
22 1
33 Water Wise Landscaping Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Keven J. Stratton
77 House Sponsor:
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99
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1111 LONG TITLE
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1313 General Description:
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1515 This bill addresses water wise landscaping requirements for public facilities.
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1717 Highlighted Provisions:
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1919 This bill:
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2121 ▸ defines terms;
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2323 ▸ imposes landscaping requirements related to state government facilities; and
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2525 ▸ makes technical and conforming changes.
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2727 Money Appropriated in this Bill:
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2929 None
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3131 Other Special Clauses:
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3333 None
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3535 Utah Code Sections Affected:
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3737 AMENDS:
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3939 63A-5b-1108, as enacted by Laws of Utah 2022, Chapter 50
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4141
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4343 Be it enacted by the Legislature of the state of Utah:
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4545 Section 1. Section 63A-5b-1108 is amended to read:
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4747 63A-5b-1108 . Water wise landscaping and state government facilities.
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4949 (1) As used in this section:
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5151 (a) "Active use" means regular use for a community purpose, playing, exercise,
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5353 recreation, or regular outdoor activities, such as:
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5555 (i) a sports field;
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5757 (ii) a social gathering area;
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5959 (iii) an amphitheater;
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6161 (iv) a park;
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6363 (v) the playing area, including roughs, driving ranges, and chipping and putting
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6565 greens, of a golf course; or
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66+ S.B. 305 S.B. 305 02-19 13:48
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6868 (vi) a cemetery.
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7070 (b) "Canopy" means the layer of leaves, branches, and stems of trees or other plants that
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7272 when viewed from above as of the sooner of maturity or five years after planting can
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7474 be measured as a percentage of a land area shaded by the trees or other plants.
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7676 (c) "Division" means the Division of Water Resources.
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7878 (d) "Functional turf" means turf that:
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80-(i) is dedicated to active use; Ŝ→ [or] and ←Ŝ
80+(i) is dedicated to active use; or
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8282 (ii)(A) is installed or maintained on an area with a slope of not more than 25%;
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8484 (B) is at least eight feet wide at the turf's narrowest point;
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8686 (C) stabilizes soil, prevents erosion from wind or water, sequesters carbon,
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8888 mitigates heat island effects, provides vegetative buffer strips from watersheds,
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9090 captures and filters urban pollutants, or promotes community planning and
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9292 safety;
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9494 (D) is a native plant, has been hybridized for arid conditions, or has been
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9696 designated as low water use by the Utah State University Extension; and
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9898 (E) is watered to the plant's needs and does not require overhead spray irrigation.
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100100 [(b)] (e) "Grounds" means the[ real property, whether fenced or unfenced, of the parcel
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102102 of land on which is located a state government facility, including a public or private
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104104 driveway, street, sidewalk or walkway, parking lot, or parking garage on the property]
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106106 portions of real property on which is located a state government facility designated
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108108 for landscaping, including natural landscaping, whether fenced or unfenced,
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110110 excluding building footprints, impervious surfaces, and other areas that do not require
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112112 landscaping or irrigation.
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114114 (f) "Overhead spray irrigation" means above ground irrigation heads that spray water
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116116 through a nozzle.
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118118 (g) "Park strip" means the area between the back of a curb or, if there is no curb, the
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120120 edge of pavement and the sidewalk.
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122122 [(c)(i) Except as provided in Subsection (1)(c)(ii), "lawn or turf" means
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124124 nonagricultural land planted in closely mowed, managed grasses.]
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126126 [(ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.]
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128128 [(d)] (h) "Reconstructed" means that a building is subject to construction that affects the
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130130 exterior of the building or the building's grounds.
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132132 [(e)] (i)(i) "State agency" means a department, division, office, entity, agency, or other
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134134 unit of state government.
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135+- 2 - 02-19 13:48 S.B. 305
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137137 (ii) "State agency" includes an institution of higher education.
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139139 [(f)] (j)(i) "State government facility" means a building, structure, or other
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141141 improvement that is constructed on property owned by the state, the state's
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143143 departments, commissions, institutions, or other state agency.
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145145 (ii) "State government facility" does not include:
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147147 (A) an unoccupied structure that is a component of the state highway system;
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149149 (B) a privately owned structure that is located on property owned by the state, the
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151151 state's department, commission, institution, or other state agency; or
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153153 (C) a structure that is located on land administered by the trust lands
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155155 administration under a lease, permit, or contract with the trust lands
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157157 administration.
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159159 (k) "Turf" means a natural living ground cover that:
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161161 (i) produces a dense cover of contiguous plant coverage and an interconnected
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163163 subsurface root network;
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165165 (ii) is installed or maintained on nonagricultural land; and
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167167 (iii) is closely mowed, managed grasses.
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169169 (l) "Water wise landscaping" means:
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171171 (i) installation of plant materials suited to the microclimate and soil conditions that
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173173 can:
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175175 (A) remain healthy with minimal irrigation once established; or
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177177 (B) be maintained without the use of overhead spray irrigation;
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179179 (ii) use of water for outdoor irrigation through proper and efficient irrigation design
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181181 and water application;
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183183 (iii) use of other landscape design features that:
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185185 (A) minimize the need of the landscape for supplemental water from irrigation; or
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187187 (B) reduce the landscape area dedicated to turf that is not functional turf; and
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189189 (iv) inclusion of an adequate canopy.
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191191 (2)(a) Unless exempted under Subsection (2)(b), a state agency that owns or occupies a
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193193 state government facility that is built or reconstructed on or after May 4, 2022, may
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195195 not have [more than ] turf:
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197197 (i) that exceeds the lesser of:
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199199 (A) 20% of the grounds of the state government facility[ be lawn or turf.] ; or
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201201 (B) the percentage of grounds allowed by ordinance in the municipality or county
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203203 where the state government facility is located; or
204-- 3 - S.B. 305 03-04 19:53
204+- 3 - S.B. 305 02-19 13:48
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206206 (ii) in a park strip.
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208208 (b) The division may exempt a state government facility from the restrictions of
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210210 Subsection (2)(a) if the division determines that the purposes of a state agency that
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212212 occupies the state government facility requires additional [lawn or turf] turf.
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214214 (3)(a) A state agency shall reduce the state agency's outdoor water use as compared to
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216216 the state agency's outdoor water use for fiscal year 2020:
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218218 (i) in an amount equal to or greater than 5% by the end of fiscal year 2023; and
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220220 (ii) in an amount equal to or greater than 25% by the end of fiscal year 2026.
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222222 (b) A state agency shall submit the following information to the division:
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224224 (i) by no later than October 1, 2022:
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226226 (A) the state agency's water use for fiscal year 2020; and
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228228 (B) the state agency's water use for fiscal year 2022;
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230230 (ii) by no later than October 1, 2023, the state agency's water use for fiscal year 2023;
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232232 and
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234234 (iii) by no later than October 1, 2026, the state agency's water use for fiscal year 2026.
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236236 (c) The division shall:
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238238 (i) post the information provided to the division under this Subsection (3) on a public
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240240 website; and
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242242 (ii) by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
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244244 Rulemaking Act, establish a uniform measure for purposes of this section of a
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246246 state agency's water use.
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248248 (4) Except when allowed by the division, a state agency may not use overhead spray
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250250 irrigation to water landscapes at a state government facility between the hours of 10 a.m.
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252252 and 6 p.m.
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254254 (5) A state agency shall do the following at a state government facility:
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256256 (a) follow weekly lawn watering guides if issued by the division;
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258258 (b) manually shut off overhead spray irrigation systems during rain and wind events if
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260260 the landscape irrigation system does not have rain and wind shutoff functions;
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262262 (c) implement a leak-detection and repair program for outdoor use;
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264264 (d) coordinate with the division to implement water efficient methods, technologies, and
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266266 practices; [and]
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268268 (e) at least annually:
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270270 (i) evaluate opportunities to update irrigation technology with devices that:
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272272 (A) meet national recognized standards for efficiency;
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273+- 4 - 02-19 13:48 S.B. 305
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275275 (B) include rain and wind shutoff functions; and
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277277 (C) include soil moisture sensors;
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279279 (ii) evaluate opportunities to:
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281281 (A) subject to Subsection (2), limit [lawn or turf] turf on the grounds of [a] an
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283283 existing state government facility and replace [lawn or turf] turf with [
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285285 water-wise plants] water wise landscaping, including native species; and
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287287 (B) update facility-management technology to include metering for
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289289 water-consuming processes related to irrigation and mechanical systems; and
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291291 (iii) audit and repair a landscape irrigation system so that the landscape irrigation
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293293 system is operating at maximum acceptable efficiency[.] ; and
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295295 (f) at the time a state government facility is built or reconstructed, consider landscaping
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297297 options that include functional turf.
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299299 (6)(a) Except as provided in Subsection (6)(b), in addition to complying with the other
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301301 provisions of this section, a state agency that owns or occupies a state government
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303303 facility that is built or reconstructed on or after May 7, 2025, shall use water wise
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305305 landscaping for the grounds of the state government facility including ensuring that
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307307 canopy together with functional turf covers at least 50% of the grounds of the state
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309309 government facility.
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311311 (b) The amount of canopy or functional turf installed pursuant to Subsection (6)(a) may
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313313 not exceed what is allowed by ordinance in the municipality or county where the
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315315 state government facility is located.
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317317 Section 2. Effective Date.
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319319 This bill takes effect on May 7, 2025.
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