Utah 2025 Regular Session

Utah Senate Bill SB0305 Latest Draft

Bill / Amended Version Filed 03/04/2025

                            03-04 19:53  S.B. 305
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Water Wise Landscaping Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses water wise landscaping requirements for public facilities.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ imposes landscaping requirements related to state government facilities; and
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▸ makes technical and conforming 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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AMENDS:
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63A-5b-1108, as enacted by Laws of Utah 2022, Chapter 50
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 63A-5b-1108 is amended to read:
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63A-5b-1108 . Water wise landscaping and state government facilities.
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(1) As used in this section:
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(a) "Active use" means regular use for a community purpose, playing, exercise,
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recreation, or regular outdoor 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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(b) "Canopy" means the layer of leaves, branches, and stems of trees or other plants that
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when viewed from above as of the sooner of maturity or five years after planting can
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be measured as a percentage of a land area shaded by the trees or other plants.
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(c) "Division" means the Division of Water Resources.
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(d) "Functional turf" means turf that:
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(i) is dedicated to active use;  Ŝ→ [or] and ←Ŝ 
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(ii)(A) is installed or maintained on an area with a slope of not more than 25%;
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(B) is at least eight feet wide at the turf's narrowest point;
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(C) stabilizes soil, prevents erosion from wind or water, sequesters carbon,
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mitigates heat island effects, provides vegetative buffer strips from watersheds,
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captures and filters urban pollutants, or promotes community planning and
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safety;
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(D) is a native plant, has been hybridized for arid conditions, or has been
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designated as low water use by the Utah State University Extension; and
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(E) is watered to the plant's needs and does not require overhead spray irrigation.
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[(b)] (e) "Grounds" means the[ real property, whether fenced or unfenced, of the parcel
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of land on which is located a state government facility, including a public or private
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driveway, street, sidewalk or walkway, parking lot, or parking garage on the property] 
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portions of real property on which is located a state government facility designated
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for landscaping, including natural landscaping, whether fenced or unfenced,
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excluding building footprints, impervious surfaces, and other areas that do not require
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landscaping or irrigation.
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(f) "Overhead spray irrigation" means above ground irrigation heads that spray water
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through a nozzle.
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(g) "Park strip" means the area between the back of a curb or, if there is no curb, the
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edge of pavement and the sidewalk.
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[(c)(i) Except as provided in Subsection (1)(c)(ii), "lawn or turf" means
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nonagricultural land planted in closely mowed, managed grasses.]
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[(ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.]
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[(d)] (h) "Reconstructed" means that a building is subject to construction that affects the
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exterior of the building or the building's grounds.
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[(e)] (i)(i) "State agency" means a department, division, office, entity, agency, or other
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unit of state government.
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(ii) "State agency" includes an institution of higher education.
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[(f)] (j)(i) "State government facility" means a building, structure, or other
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improvement that is constructed on property owned by the state, the state's
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departments, commissions, institutions, or other state agency.
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(ii) "State government facility" does not include:
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(A) an unoccupied structure that is a component of the state highway system;
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(B) a privately owned structure that is located on property owned by the state, the
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state's department, commission, institution, or other state agency; or
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(C) a structure that is located on land administered by the trust lands
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administration under a lease, permit, or contract with the trust lands
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administration.
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(k) "Turf" means a natural living ground cover that:
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(i) produces a dense cover of contiguous plant coverage and an interconnected
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subsurface root network;
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(ii) is installed or maintained on nonagricultural land; and
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(iii) is closely mowed, managed grasses.
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(l) "Water wise landscaping" means:
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(i) installation of plant materials suited to the microclimate and soil conditions that
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can:
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(A) remain healthy with minimal irrigation once established; or
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(B) be maintained without the use of overhead spray irrigation;
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(ii) use of water for outdoor irrigation through proper and efficient irrigation design
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and water application;
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(iii) use of other landscape design features that:
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(A) minimize the need of the landscape for supplemental water from irrigation; or
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(B) reduce the landscape area dedicated to turf that is not functional turf; and
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(iv) inclusion of an adequate canopy.
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(2)(a) Unless exempted under Subsection (2)(b), a state agency that owns or occupies a
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state government facility that is built or reconstructed on or after May 4, 2022, may
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not have [more than ] turf:
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(i) that exceeds the lesser of:
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(A) 20% of the grounds of the state government facility[ be lawn or turf.] ; or
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(B) the percentage of grounds allowed by ordinance in the municipality or county
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where the state government facility is located; or
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(ii) in a park strip.
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(b) The division may exempt a state government facility from the restrictions of
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Subsection (2)(a) if the division determines that the purposes of a state agency that
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occupies the state government facility requires additional [lawn or turf] turf.
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(3)(a) A state agency shall reduce the state agency's outdoor water use as compared to
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the state agency's outdoor water use for fiscal year 2020:
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(i) in an amount equal to or greater than 5% by the end of fiscal year 2023; and
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(ii) in an amount equal to or greater than 25% by the end of fiscal year 2026.
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(b) A state agency shall submit the following information to the division:
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(i) by no later than October 1, 2022:
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(A) the state agency's water use for fiscal year 2020; and
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(B) the state agency's water use for fiscal year 2022;
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(ii) by no later than October 1, 2023, the state agency's water use for fiscal year 2023;
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and
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(iii) by no later than October 1, 2026, the state agency's water use for fiscal year 2026.
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(c) The division shall:
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(i) post the information provided to the division under this Subsection (3) on a public
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website; and
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(ii) by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, establish a uniform measure for purposes of this section of a
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state agency's water use.
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(4) Except when allowed by the division, a state agency may not use overhead spray
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irrigation to water landscapes at a state government facility between the hours of 10 a.m.
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and 6 p.m.
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(5) A state agency shall do the following at a state government facility:
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(a) follow weekly lawn watering guides if issued by the division;
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(b) manually shut off overhead spray irrigation systems during rain and wind events if
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the landscape irrigation system does not have rain and wind shutoff functions;
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(c) implement a leak-detection and repair program for outdoor use;
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(d) coordinate with the division to implement water efficient methods, technologies, and
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practices; [and]
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(e) at least annually:
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(i) evaluate opportunities to update irrigation technology with devices that:
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(A) meet national recognized standards for efficiency;
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(B) include rain and wind shutoff functions; and
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(C) include soil moisture sensors;
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(ii) evaluate opportunities to:
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(A) subject to Subsection (2), limit [lawn or turf] turf on the grounds of [a] an
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existing state government facility and replace [lawn or turf] turf with [
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water-wise plants] water wise landscaping, including native species; and
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(B) update facility-management technology to include metering for
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water-consuming processes related to irrigation and mechanical systems; and
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(iii) audit and repair a landscape irrigation system so that the landscape irrigation
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system is operating at maximum acceptable efficiency[.] ; and
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(f) at the time a state government facility is built or reconstructed, consider landscaping
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options that include functional turf.
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(6)(a) Except as provided in Subsection (6)(b), in addition to complying with the other
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provisions of this section, a state agency that owns or occupies a state government
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facility that is built or reconstructed on or after May 7, 2025, shall use water wise
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landscaping for the grounds of the state government facility including ensuring that
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canopy together with functional turf covers at least 50% of the grounds of the state
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government facility.
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(b) The amount of canopy or functional turf installed pursuant to Subsection (6)(a) may
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not exceed what is allowed by ordinance in the municipality or county where the
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state government facility is located.
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Section 2.  Effective Date.
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This bill takes effect on May 7, 2025.
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