03-04 19:53 S.B. 305 1 Water Wise Landscaping Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Keven J. Stratton House Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill addresses water wise landscaping requirements for public facilities. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ imposes landscaping requirements related to state government facilities; and 10 ▸ makes technical and conforming changes. 11 Money Appropriated in this Bill: 12 None 13 Other Special Clauses: 14 None 15 Utah Code Sections Affected: 16 AMENDS: 17 63A-5b-1108, as enacted by Laws of Utah 2022, Chapter 50 18 19 Be it enacted by the Legislature of the state of Utah: 20 Section 1. Section 63A-5b-1108 is amended to read: 21 63A-5b-1108 . Water wise landscaping and state government facilities. 22 (1) As used in this section: 23 (a) "Active use" means regular use for a community purpose, playing, exercise, 24 recreation, or regular outdoor activities, such as: 25 (i) a sports field; 26 (ii) a social gathering area; 27 (iii) an amphitheater; 28 (iv) a park; 29 (v) the playing area, including roughs, driving ranges, and chipping and putting 30 greens, of a golf course; or S.B. 305 S.B. 305 03-04 19:53 31 (vi) a cemetery. 32 (b) "Canopy" means the layer of leaves, branches, and stems of trees or other plants that 33 when viewed from above as of the sooner of maturity or five years after planting can 34 be measured as a percentage of a land area shaded by the trees or other plants. 35 (c) "Division" means the Division of Water Resources. 36 (d) "Functional turf" means turf that: 37 (i) is dedicated to active use; Ŝ→ [or] and ←Ŝ 38 (ii)(A) is installed or maintained on an area with a slope of not more than 25%; 39 (B) is at least eight feet wide at the turf's narrowest point; 40 (C) stabilizes soil, prevents erosion from wind or water, sequesters carbon, 41 mitigates heat island effects, provides vegetative buffer strips from watersheds, 42 captures and filters urban pollutants, or promotes community planning and 43 safety; 44 (D) is a native plant, has been hybridized for arid conditions, or has been 45 designated as low water use by the Utah State University Extension; and 46 (E) is watered to the plant's needs and does not require overhead spray irrigation. 47 [(b)] (e) "Grounds" means the[ real property, whether fenced or unfenced, of the parcel 48 of land on which is located a state government facility, including a public or private 49 driveway, street, sidewalk or walkway, parking lot, or parking garage on the property] 50 portions of real property on which is located a state government facility designated 51 for landscaping, including natural landscaping, whether fenced or unfenced, 52 excluding building footprints, impervious surfaces, and other areas that do not require 53 landscaping or irrigation. 54 (f) "Overhead spray irrigation" means above ground irrigation heads that spray water 55 through a nozzle. 56 (g) "Park strip" means the area between the back of a curb or, if there is no curb, the 57 edge of pavement and the sidewalk. 58 [(c)(i) Except as provided in Subsection (1)(c)(ii), "lawn or turf" means 59 nonagricultural land planted in closely mowed, managed grasses.] 60 [(ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.] 61 [(d)] (h) "Reconstructed" means that a building is subject to construction that affects the 62 exterior of the building or the building's grounds. 63 [(e)] (i)(i) "State agency" means a department, division, office, entity, agency, or other 64 unit of state government. - 2 - 03-04 19:53 S.B. 305 65 (ii) "State agency" includes an institution of higher education. 66 [(f)] (j)(i) "State government facility" means a building, structure, or other 67 improvement that is constructed on property owned by the state, the state's 68 departments, commissions, institutions, or other state agency. 69 (ii) "State government facility" does not include: 70 (A) an unoccupied structure that is a component of the state highway system; 71 (B) a privately owned structure that is located on property owned by the state, the 72 state's department, commission, institution, or other state agency; or 73 (C) a structure that is located on land administered by the trust lands 74 administration under a lease, permit, or contract with the trust lands 75 administration. 76 (k) "Turf" means a natural living ground cover that: 77 (i) produces a dense cover of contiguous plant coverage and an interconnected 78 subsurface root network; 79 (ii) is installed or maintained on nonagricultural land; and 80 (iii) is closely mowed, managed grasses. 81 (l) "Water wise landscaping" means: 82 (i) installation of plant materials suited to the microclimate and soil conditions that 83 can: 84 (A) remain healthy with minimal irrigation once established; or 85 (B) be maintained without the use of overhead spray irrigation; 86 (ii) use of water for outdoor irrigation through proper and efficient irrigation design 87 and water application; 88 (iii) use of other landscape design features that: 89 (A) minimize the need of the landscape for supplemental water from irrigation; or 90 (B) reduce the landscape area dedicated to turf that is not functional turf; and 91 (iv) inclusion of an adequate canopy. 92 (2)(a) Unless exempted under Subsection (2)(b), a state agency that owns or occupies a 93 state government facility that is built or reconstructed on or after May 4, 2022, may 94 not have [more than ] turf: 95 (i) that exceeds the lesser of: 96 (A) 20% of the grounds of the state government facility[ be lawn or turf.] ; or 97 (B) the percentage of grounds allowed by ordinance in the municipality or county 98 where the state government facility is located; or - 3 - S.B. 305 03-04 19:53 99 (ii) in a park strip. 100 (b) The division may exempt a state government facility from the restrictions of 101 Subsection (2)(a) if the division determines that the purposes of a state agency that 102 occupies the state government facility requires additional [lawn or turf] turf. 103 (3)(a) A state agency shall reduce the state agency's outdoor water use as compared to 104 the state agency's outdoor water use for fiscal year 2020: 105 (i) in an amount equal to or greater than 5% by the end of fiscal year 2023; and 106 (ii) in an amount equal to or greater than 25% by the end of fiscal year 2026. 107 (b) A state agency shall submit the following information to the division: 108 (i) by no later than October 1, 2022: 109 (A) the state agency's water use for fiscal year 2020; and 110 (B) the state agency's water use for fiscal year 2022; 111 (ii) by no later than October 1, 2023, the state agency's water use for fiscal year 2023; 112 and 113 (iii) by no later than October 1, 2026, the state agency's water use for fiscal year 2026. 114 (c) The division shall: 115 (i) post the information provided to the division under this Subsection (3) on a public 116 website; and 117 (ii) by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative 118 Rulemaking Act, establish a uniform measure for purposes of this section of a 119 state agency's water use. 120 (4) Except when allowed by the division, a state agency may not use overhead spray 121 irrigation to water landscapes at a state government facility between the hours of 10 a.m. 122 and 6 p.m. 123 (5) A state agency shall do the following at a state government facility: 124 (a) follow weekly lawn watering guides if issued by the division; 125 (b) manually shut off overhead spray irrigation systems during rain and wind events if 126 the landscape irrigation system does not have rain and wind shutoff functions; 127 (c) implement a leak-detection and repair program for outdoor use; 128 (d) coordinate with the division to implement water efficient methods, technologies, and 129 practices; [and] 130 (e) at least annually: 131 (i) evaluate opportunities to update irrigation technology with devices that: 132 (A) meet national recognized standards for efficiency; - 4 - 03-04 19:53 S.B. 305 133 (B) include rain and wind shutoff functions; and 134 (C) include soil moisture sensors; 135 (ii) evaluate opportunities to: 136 (A) subject to Subsection (2), limit [lawn or turf] turf on the grounds of [a] an 137 existing state government facility and replace [lawn or turf] turf with [ 138 water-wise plants] water wise landscaping, including native species; and 139 (B) update facility-management technology to include metering for 140 water-consuming processes related to irrigation and mechanical systems; and 141 (iii) audit and repair a landscape irrigation system so that the landscape irrigation 142 system is operating at maximum acceptable efficiency[.] ; and 143 (f) at the time a state government facility is built or reconstructed, consider landscaping 144 options that include functional turf. 145 (6)(a) Except as provided in Subsection (6)(b), in addition to complying with the other 146 provisions of this section, a state agency that owns or occupies a state government 147 facility that is built or reconstructed on or after May 7, 2025, shall use water wise 148 landscaping for the grounds of the state government facility including ensuring that 149 canopy together with functional turf covers at least 50% of the grounds of the state 150 government facility. 151 (b) The amount of canopy or functional turf installed pursuant to Subsection (6)(a) may 152 not exceed what is allowed by ordinance in the municipality or county where the 153 state government facility is located. 154 Section 2. Effective Date. 155 This bill takes effect on May 7, 2025. - 5 -