Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 76
                                    WATER AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                               Chief Sponsor: Scott D. Sandall
                                  House Sponsor: Casey Snider
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 LONG TITLE
 General Description:
        This bill addresses coordination of planning related to water.
 Highlighted Provisions:
        This bill:
        < provides for a study;
        < addresses grants for environmental improvement projects;
        < requires certain municipal and county planning commissions to consult with the
 Division of Water Resources in development of general plans;
        < addresses consultation with the Department of Agriculture and Food;
        < requires notification of irrigation and canal companies in certain circumstances;
        < requires counties to notify certain public water systems and request feedback on
 how elements of the general plan affect certain water planning;
        < requires counties to consider planning for regionalization of public water systems;
        < provides for action by the director of the Division of Drinking Water to establish
 regional source and storage minimum sizing standards or adjust system-specific
 sizing standards;
        < addresses a change application by a shareholder of a water company;
        < provides what may be included in a water conservation plan;
        < modifies requirements related to the Division of Water Resources making rules for
 regional water conservation goals;
        < requires the Division of Water Resources to consult with watershed councils under
 certain circumstances;
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        < changes the membership of the Water Development Coordinating Council;
        < directs the Water Development Coordinating Council to take actions related to the
 coordination of growth and conservation planning; and
        < makes technical changes.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
        < to the Department of Natural Resources -- Water Resources -- Planning, as a
 one-time appropriation:
            C     from the General Fund, One-time, $500,000;
        < to the Department of Natural Resources -- Water Resources -- Planning, as an
 ongoing appropriation:
            C     from the General Fund, $130,000;
        < to the Department of Environmental Quality – Drinking Water, System Assistance,
 as an ongoing appropriation:
            C     from the General Fund, $130,000; and
        < to the Department of Agriculture and Food -- Resource Conservation, as an ongoing
 appropriation:
            C     from the General Fund, $130,000.
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        4-18-108, as last amended by Laws of Utah 2022, Chapter 79
        10-9a-403, as last amended by Laws of Utah 2022, Chapters 282, 406 and last amended
 by Coordination Clause, Laws of Utah 2022, Chapter 406
        17-27a-403, as last amended by Laws of Utah 2022, Chapters 282, 406
        19-4-106, as last amended by Laws of Utah 2020, Chapter 256
        19-4-114, as last amended by Laws of Utah 2020, Chapter 256
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        73-3-3.5, as last amended by Laws of Utah 2015, Chapter 249
        73-10-32, as last amended by Laws of Utah 2022, Chapter 90
        73-10-36, as enacted by Laws of Utah 2022, Chapter 282
        73-10c-3, as last amended by Laws of Utah 2022, Chapter 66
 ENACTS:
        73-10c-11, Utah Code Annotated 1953
64
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 4-18-108 is amended to read:
        4-18-108. Grants for environmental improvement projects -- Criteria for award
 -- Duties of commission.
        (1) The commission may make a grant from the Agriculture Resource Development
 Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
 an eligible entity, as defined by the department by rule made in accordance with Title 63G,
 Chapter 3, Utah Administrative Rulemaking Act, for:
        (a) control or eradication of noxious weeds and invasive plant species in cooperation
 and coordination with a local weed board;
        (b) the costs of plans or projects to improve manure management, control surface water
 runoff, or address other environmental issues on a farm or ranch operation, including the costs
 of preparing or implementing a nutrient management plan;
        (c) the improvement of water quality;
        (d) the improvement of water quantity and flows;
        [(d)] (e) the development of watershed plans; or
        [(e)] (f) a program to address other environmental issues.
        (2) (a) In awarding a grant, the commission shall consider the following criteria:
        (i) the ability of the grantee to pay for the costs of proposed plans or projects;
        (ii) the availability of:
        (A) matching funds provided by the grantee or another source; or
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        S.B. 76                                                                          Enrolled Copy
          (B) material, labor, or other items of value provided in lieu of money by the grantee or
 another source; and
          (iii) the benefits that accrue to the general public by the awarding of a grant.
          (b) The commission may establish by rule additional criteria for the awarding of a
 grant.
          (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to implement this section.
          (4) The commission may appoint an advisory board to:
          (a) assist with the grant process;
          (b) make recommendations to the commission regarding grants; and
          (c) establish policies and procedures for awarding loans or grants.
          Section 2. Section 10-9a-403 is amended to read:
          10-9a-403. General plan preparation.
          (1) (a) The planning commission shall provide notice, as provided in Section
 10-9a-203, of the planning commission's intent to make a recommendation to the municipal
 legislative body for a general plan or a comprehensive general plan amendment when the
 planning commission initiates the process of preparing the planning commission's
 recommendation.
          (b) The planning commission shall make and recommend to the legislative body a
 proposed general plan for the area within the municipality.
          (c) The plan may include areas outside the boundaries of the municipality if, in the
 planning commission's judgment, those areas are related to the planning of the municipality's
 territory.
          (d) Except as otherwise provided by law or with respect to a municipality's power of
 eminent domain, when the plan of a municipality involves territory outside the boundaries of
 the municipality, the municipality may not take action affecting that territory without the
 concurrence of the county or other municipalities affected.
          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
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        Enrolled Copy                                                                               S.B. 76
 and descriptive and explanatory matter, shall include the planning commission's
 recommendations for the following plan elements:
        (i) a land use element that:
        (A) designates the long-term goals and the proposed extent, general distribution, and
 location of land for housing for residents of various income levels, business, industry,
 agriculture, recreation, education, public buildings and grounds, open space, and other
 categories of public and private uses of land as appropriate;
        (B) includes a statement of the projections for and standards of population density and
 building intensity recommended for the various land use categories covered by the plan;
        (C) except for a city of the fifth class or a town, is coordinated to integrate the land use
 element with the water use and preservation element; and
        (D) except for a city of the fifth class or a town, accounts for the effect of land use
 categories and land uses on water demand;
        (ii) a transportation and traffic circulation element that:
        (A) provides the general location and extent of existing and proposed freeways, arterial
 and collector streets, public transit, active transportation facilities, and other modes of
 transportation that the planning commission considers appropriate;
        (B) for a municipality that has access to a major transit investment corridor, addresses
 the municipality's plan for residential and commercial development around major transit
 investment corridors to maintain and improve the connections between housing, employment,
 education, recreation, and commerce;
        (C) for a municipality that does not have access to a major transit investment corridor,
 addresses the municipality's plan for residential and commercial development in areas that will
 maintain and improve the connections between housing, transportation, employment,
 education, recreation, and commerce; and
        (D) correlates with the population projections, the employment projections, and the
 proposed land use element of the general plan;
        (iii) for a specified municipality as defined in Section 10-9a-408, a moderate income
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        S.B. 76                                                                          Enrolled Copy
 housing element that:
         (A) provides a realistic opportunity to meet the need for additional moderate income
 housing within the next five years;
         (B) selects three or more moderate income housing strategies described in Subsection
 (2)(b)(iii) for implementation, including one additional moderate income housing strategy as
 provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed guideway public
 transit station; and
         (C) includes an implementation plan as provided in Subsection (2)(c); and
         (iv) except for a city of the fifth class or a town, a water use and preservation element
 that addresses:
         (A) the effect of permitted development or patterns of development on water demand
 and water infrastructure;
         (B) methods of reducing water demand and per capita consumption for future
 development;
         (C) methods of reducing water demand and per capita consumption for existing
 development; and
         (D) opportunities for the municipality to modify the municipality's operations to
 eliminate practices or conditions that waste water.
         (b) In drafting the moderate income housing element, the planning commission:
         (i) shall consider the Legislature's determination that municipalities shall facilitate a
 reasonable opportunity for a variety of housing, including moderate income housing:
         (A) to meet the needs of people of various income levels living, working, or desiring to
 live or work in the community; and
         (B) to allow people with various incomes to benefit from and fully participate in all
 aspects of neighborhood and community life;
         (ii) for a town, may include, and for a specified municipality as defined in Section
 10-9a-408, shall include, an analysis of how the municipality will provide a realistic
 opportunity for the development of moderate income housing within the next five years;
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         (iii) for a town, may include, and for other municipalities, shall include, a
 recommendation to implement three or more of the following moderate income housing
 strategies:
         (A) rezone for densities necessary to facilitate the production of moderate income
 housing;
         (B) demonstrate investment in the rehabilitation or expansion of infrastructure that
 facilitates the construction of moderate income housing;
         (C) demonstrate investment in the rehabilitation of existing uninhabitable housing
 stock into moderate income housing;
         (D) identify and utilize general fund subsidies or other sources of revenue to waive
 construction related fees that are otherwise generally imposed by the municipality for the
 construction or rehabilitation of moderate income housing;
         (E) create or allow for, and reduce regulations related to, internal or detached accessory
 dwelling units in residential zones;
         (F) zone or rezone for higher density or moderate income residential development in
 commercial or mixed-use zones near major transit investment corridors, commercial centers, or
 employment centers;
         (G) amend land use regulations to allow for higher density or new moderate income
 residential development in commercial or mixed-use zones near major transit investment
 corridors;
         (H) amend land use regulations to eliminate or reduce parking requirements for
 residential development where a resident is less likely to rely on the resident's own vehicle,
 such as residential development near major transit investment corridors or senior living
 facilities;
         (I) amend land use regulations to allow for single room occupancy developments;
         (J) implement zoning incentives for moderate income units in new developments;
         (K) preserve existing and new moderate income housing and subsidized units by
 utilizing a landlord incentive program, providing for deed restricted units through a grant
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       S.B. 76                                                                          Enrolled Copy
 program, or, notwithstanding Section 10-9a-535, establishing a housing loss mitigation fund;
        (L) reduce, waive, or eliminate impact fees related to moderate income housing;
        (M) demonstrate creation of, or participation in, a community land trust program for
 moderate income housing;
        (N) implement a mortgage assistance program for employees of the municipality, an
 employer that provides contracted services to the municipality, or any other public employer
 that operates within the municipality;
        (O) apply for or partner with an entity that applies for state or federal funds or tax
 incentives to promote the construction of moderate income housing, an entity that applies for
 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
 entity that applies for affordable housing programs administered by the Department of
 Workforce Services, an entity that applies for affordable housing programs administered by an
 association of governments established by an interlocal agreement under Title 11, Chapter 13,
 Interlocal Cooperation Act, an entity that applies for services provided by a public housing
 authority to preserve and create moderate income housing, or any other entity that applies for
 programs or services that promote the construction or preservation of moderate income
 housing;
        (P) demonstrate utilization of a moderate income housing set aside from a community
 reinvestment agency, redevelopment agency, or community development and renewal agency
 to create or subsidize moderate income housing;
        (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
 Part 6, Housing and Transit Reinvestment Zone Act;
        (R) eliminate impact fees for any accessory dwelling unit that is not an internal
 accessory dwelling unit as defined in Section 10-9a-530;
        (S) create a program to transfer development rights for moderate income housing;
        (T) ratify a joint acquisition agreement with another local political subdivision for the
 purpose of combining resources to acquire property for moderate income housing;
        (U) develop a moderate income housing project for residents who are disabled or 55
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        Enrolled Copy                                                                              S.B. 76
 years old or older;
        (V) develop and adopt a station area plan in accordance with Section 10-9a-403.1;
        (W) create or allow for, and reduce regulations related to, multifamily residential
 dwellings compatible in scale and form with detached single-family residential dwellings and
 located in walkable communities within residential or mixed-use zones; and
        (X) demonstrate implementation of any other program or strategy to address the
 housing needs of residents of the municipality who earn less than 80% of the area median
 income, including the dedication of a local funding source to moderate income housing or the
 adoption of a land use ordinance that requires 10% o