Bill Summary – FastDemocracy

Enrolled Copy                                                                         S.B. 211
           GENERATIONAL WATER INFRASTRUCTURE AMENDMENTS
                                          2024 GENERAL SESSION
                                                 STATE OF UTAH
                                        Chief Sponsor: J. Stuart Adams House Sponsor: Mike Schultz
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  LONG TITLE
  General Description:
      This bill addresses the development of water resources.
  Highlighted Provisions:
      This bill:
      ▸ defines terms;
      ▸ directs the creation of the Water District Water Development Council (council) under
  the Interlocal Cooperation Act;
      ▸ outlines restrictions on the council;
      ▸ provides for the powers and duties of the council;
      ▸ requires reporting by the council;
      ▸ requires consultation by the council;
      ▸ provides for access to documents of state or local agencies;
      ▸ amends provisions related to meetings and records of the council;
      ▸ addresses the powers and duties of the Board of Water Resources and the Division of
  Water Resources;
      ▸ addresses expenditures from the Water Infrastructure Restricted Account;
      ▸ provides for the appointment of the Utah water agent (water agent);
      ▸ provides for the powers and duties of the water agent;
      ▸ requires reporting by the water agent;
      ▸ requires consultation by the water agent;
      ▸ addresses negotiations of the water agent;
      ▸ amends provisions related to procurement and records of the water agent;
      ▸ addresses access to documents of state or local agencies;
      ▸ includes a sunset date regarding the water agent; and
     S.B. 211                                                                          Enrolled Copy
       ▸ makes technical and conforming changes.
   Money Appropriated in this Bill:
   This bill appropriates in fiscal year 2025:
       ▸ to Governor's Office - Utah Water Agent - Utah Water Agent as a one-time appropriation:
             •      from the General Fund, One-time, $3,000,000
       ▸ to Governor's Office - Utah Water Agent - Utah Water Agent as an ongoing appropriation:
             •      from the General Fund, $1,000,000
   Other Special Clauses:
       None
   Utah Code Sections Affected:
   AMENDS:
       52-4-103, as last amended by Laws of Utah 2023, Chapters 139, 374 and 457
       63G-2-103, as last amended by Laws of Utah 2023, Chapters 16, 173, 231, and 516
       63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
       63G-6a-107.6, as last amended by Laws of Utah 2021, Chapter 179
       63I-1-273, as last amended by Laws of Utah 2023, Chapters 205, 261
       67-22-2, as last amended by Laws of Utah 2023, Chapter 205
       73-10-3, as last amended by Laws of Utah 2023, Chapter 140
       73-10-4, as last amended by Laws of Utah 2023, Chapter 140
       73-10-18, as last amended by Laws of Utah 2023, Chapter 140
       73-10g-104, as last amended by Laws of Utah 2023, Chapter 261
   ENACTS:
       11-13-228, as Utah Code Annotated 1953
       73-10g-601, as Utah Code Annotated 1953
       73-10g-602, as Utah Code Annotated 1953
       73-10g-603, as Utah Code Annotated 1953
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   Be it enacted by the Legislature of the state of Utah:
            Section 1. Section 11-13-228 is enacted to read:
            11-13-228 . Water District Water Development Council.
   (1) As used in this section:
       (a) "Council" means the Water District Water Development Council created pursuant to
                 this section.
       (b) "Division" means the Division of Water Resources.
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      (c) "Generational" means sufficient to meet anticipated demand for 50 to 75 years.
      (d) "Generational water infrastructure" means physical facilities or other physical assets
          designed to meet generational demands for water.
      (e) "State or local entity" means:
          (i) a department, division, commission, agency, or other instrumentality of state
              government; or
          (ii) a political subdivision or the political subdivision's instrumentalities.
      (f) "Water agent" means the Utah water agent appointed by the governor under Section
          73-10g-602.
      (g) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
          Part 10, Water Conservancy District Act.
  (2) (a) Subject to the provisions of this part, the four largest water conservancy districts
      in the state based on operating budgets shall enter into an agreement with one another
      and the division to form the Water District Water Development Council as a joint
      administrator of a joint or cooperative undertaking.
      (b) The members of the council shall consist of:
          (i) the general manager or the general manager's designee for each of the water
              conservancy districts described in Subsection (2)(a); and
          (ii) the director of the division, who will represent the needs of the portions of the
              state that are not served by the water conservancy districts in the agreement.
      (c) Members of the council may not receive compensation, per diem, or expenses for
          service on the council.
      (d) The council shall appoint a director to manage operations of the council. The council
          shall set the salary for the director and the director serves at the pleasure of the
          council.
      (e) The council shall establish and maintain office space and staff for the council and the
          water agent. The water conservancy districts that enter into the agreement shall pay
          the costs of the office space and staff that are directly related to the activities of the
          council, including staff from a water conservancy district that is assigned to work
          with the council, except that, to the extent appropriated by the Legislature, the state
          shall pay the costs of the water agent and any costs for non-district staff hired to
          solely work for the council or water agent.
  (3) (a) The council may not own or operate water infrastructure, but may advise a water
      conservancy district that enters into the agreement about the development of
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      S.B. 211                                                                                Enrolled Copy
       generational water infrastructure by a water conservancy district.
       (b) For the generational water needs of the citizens of Utah and within the authorities
            given to the water conservancy districts represented on the council in Title 17B,
            Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan
            for generational water infrastructure and advance the responsible development of
            water within the jurisdiction of the water conservancy districts represented on the
            council to address water users' generational need for adequate and reliable water
            supplies, including:
            (i) assessing generational water needs based on population growth and economic
                development;
            (ii) identifying possible sources to meet the generational water needs;
            (iii) exploring physical interconnections and joint operations of generational water
                infrastructure that exist as of May 1, 2024, and into the future;
            (iv) assessing water conservation as a component of generational water supplies and
                environmental conservation efforts;
            (v) scoping solutions to determine the most viable pathways for meeting generational
                water needs;
            (vi) collecting and analyzing data necessary to make informed decisions regarding
                generational water needs;
            (vii) coordinating with other water suppliers within the state as needed;
            (viii) making recommendations to the Legislature regarding projects, funding, and
                policy changes to provide for generational water needs; and
            (ix) annually reporting findings and recommendations to:
                (A) the governor;
                (B) the president of the Senate;
                (C) the speaker of the House of Representatives;
                (D) the Legislative Water Development Commission created by Section 73-27-102;
                (E) the Natural Resources, Agriculture, and Environment Interim Committee; and
                (F) the Water Development Coordinating Council created by Sections 79-2-201
                    and 73-10c-3.
       (c) The council shall coordinate with the division regarding the need for generational
            water infrastructure and how to meet that need and, as part of this coordination the
            council shall assist the division in the division's development of a state water plan
            under Section 73-10-15.
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      Enrolled Copy                                                                                    S.B. 211
      (d) The council shall receive input from and coordinate with the water agent.
      (e) The council may not levy, assess, or collect ad valorem property taxes or issue bonds.
      (f) The council shall adopt policies for procurement that enable the council to efficiently
          fulfill the council's responsibilities under the agreement.
      (g) The council is advisory and may not establish policy for the state.
      (h) The council does not control money used to fund water infrastructure.
  (4) Subject to Title 63G, Chapter 2, Government Records Access and Management Act,
      upon request of the council, a state or local entity shall provide to the water agent a
      document, report, or information available within the state or local entity.
  (5) Nothing in this section restricts the ability of a water conservancy district to contract
      under Subsection 17B-2a-1004(2).
        Section 2. Section 52-4-103 is amended to read:
        52-4-103 . Definitions.
       As used in this chapter:
  (1) "Anchor location" means the physical location from which:
      (a) an electronic meeting originates; or
      (b) the participants are connected.
  (2) "Capitol hill complex" means the grounds and buildings within the area bounded by 300
      North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt
      Lake City.
  (3) (a) "Convening" means the calling together of a public body by a person authorized
      to do so for the express purpose of discussing or acting upon a subject over which
      that public body has jurisdiction or advisory power.
      (b) "Convening" does not include the initiation of a routine conversation between
          members of a board of trustees of a large public transit district if the members
          involved in the conversation do not, during the conversation, take a tentative or final
          vote on the matter that is the subject of the conversation.
  (4) "Electronic meeting" means a public meeting convened or conducted by means of a
      conference using electronic communications.
  (5) "Electronic message" means a communication transmitted electronically, including:
      (a) electronic mail;
      (b) instant messaging;
      (c) electronic chat;
      (d) text messaging, which means a communication in the form of electronic text or one
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      S.B. 211                                                                                Enrolled Copy
            or more electronic images sent by the actor from a telephone, computer, or other
            electronic communication device to another person's telephone, computer, or
            electronic communication device by addressing the communication to the person's
            telephone number or other electronic communication access code or number; or
       (e) any other method that conveys a message or facilitates communication electronically.
   (6) "Fiduciary or commercial information" means information:
       (a) related to any subject if disclosure:
            (i) would conflict with a fiduciary obligation; or
            (ii) is prohibited by insider trading provisions; or
       (b) that is commercial in nature including:
            (i) account owners or borrowers;
            (ii) demographic data;
            (iii) contracts and related payments;
            (iv) negotiations;
            (v) proposals or bids;
            (vi) investments;
            (vii) management of funds;
            (viii) fees and charges;
            (ix) plan and program design;
            (x) investment options and underlying investments offered to account owners;
            (xi) marketing and outreach efforts;
            (xii) financial plans; or
            (xiii) reviews and audits excluding the final report required under Section 53B-8a-111.
   (7) (a) "Meeting" means the convening of a public body or a specified body, with a
       quorum present, including a workshop or an executive session, whether in person or
       by means of electronic communications, for the purpose of discussing, receiving
       comments from the public about, or acting upon a matter over which the public body
       or specified body has jurisdiction or advisory power.
       (b) "Meeting" does not mean:
            (i) a chance gathering or social gathering;
            (ii) a convening of the State Tax Commission to consider a confidential tax matter in
                accordance with Section 59-1-405; or
            (iii) a convening of a three-member board of trustees of a large public transit district
                as defined in Section 17B-2a-802 if:
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      Enrolled Copy                                                                                    S.B. 211
              (A) the board members do not, during the conversation, take a tentative or final
                  vote on the matter that is the subject of the conversation; or
              (B) the conversation pertains only to day-to-day management and operation of the
                  public transit district.
      (c) "Meeting" does not mean the convening of a public body that has both legislative and
          executive responsibilities if:
          (i) no public funds are appropriated for expenditure during the time the public body is
              convened; and
          (ii) the public body is convened solely for the discussion or implementation of
              administrative or operational matters:
              (A) for which no formal action by the public body is required; or
              (B) that would not come before the public body for discussion or action.
  (8) "Monitor" means to hear or observe, live, by audio or video equipment, all of the public
      statements of each member of the public body who is participating in a meeting.
  (9) "Participate" means the ability to communicate with all of the members of a public
      body, either verbally or electronically, so that each member of the public body can hear
      or observe the communication.
  (10) (a) "Public body" means:
          (i) any administrative, advisory, executive, or legislative body of the state or its
              political subdivisions that:
              (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
              (B) consists of two or more persons;
              (C) expends, disburses, or is supported in whole or in part by tax revenue; and
              (D) is vested with the authority to make decisions regarding the public's business;
                  or
          (ii) any administrative, advisory, executive, or policymaking body of an association,
              as that term is defined in Section 53G-7-1101, that:
              (A) consists of two or more persons;
              (B) expends, disburses, or is supported in whole or in part by dues paid by a
                  public school or whose employees participate in a benefit or program described
                  in Title 49, Utah State Retirement and Insurance Benefit Act; and
              (C) is vested with authority to make decisions regarding the participation of a
                  public school or student in an interscholastic activity, as that term is defined in
                  Section 53G-7-1101.
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      S.B. 211                                                                                Enrolled Copy
       (b) "Public body" includes:
            (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined
                in Section 11-13-103, except for the Water District Water Development Council
                created pursuant to Section 11-13-228;
            (ii) a governmental nonprofit corporation as that term is defined in Section
                11-13a-102;
            (i