63A-5b-1108.  Water conservation and state government facilities.

(1)  As used in this section:

Terms Used In Utah Code 63A-5b-1108

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Government Operations. See Utah Code 63A-1-103
  • Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: includes :Utah Code 68-3-12.5
  • Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-102
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102
(a)  “Division” means the Division of Water Resources.

(b)  “Grounds” means the real property, whether fenced or unfenced, of the parcel of land on which is located a state government facility, including a public or private driveway, street, sidewalk or walkway, parking lot, or parking garage on the property.

(c) 

(i)  Except as provided in Subsection (1)(c)(ii), “lawn or turf” means nonagricultural land planted in closely mowed, managed grasses.

(ii)  “Lawn or turf” does not include a golf course, park, athletic field, or sod farm.

(d)  “Reconstructed” means that a building is subject to construction that affects the exterior of the building or the building’s grounds.

(e) 

(i)  “State agency” means a department, division, office, entity, agency, or other unit of state government.

(ii)  “State agency” includes an institution of higher education.

(f) 

(i)  “State government facility” means a building, structure, or other improvement that is constructed on property owned by the state, the state’s departments, commissions, institutions, or other state agency.

(ii)  “State government facility” does not include:

(A)  an unoccupied structure that is a component of the state highway system;

(B)  a privately owned structure that is located on property owned by the state, the state’s department, commission, institution, or other state agency; or

(C)  a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration.

(2) 

(a)  Unless exempted under Subsection (2)(b), a state agency that owns or occupies a state government facility that is built or reconstructed on or after May 4, 2022, may not have more than 20% of the grounds of the state government facility be lawn or turf.

(b)  The division may exempt a state government facility from the restrictions of Subsection (2)(a) if the division determines that the purposes of a state agency that occupies the state government facility requires additional lawn or turf.

(3) 

(a)  A state agency shall reduce the state agency’s outdoor water use as compared to the state agency’s outdoor water use for fiscal year 2020:

(i)  in an amount equal to or greater than 5% by the end of fiscal year 2023; and

(ii)  in an amount equal to or greater than 25% by the end of fiscal year 2026.

(b)  A state agency shall submit the following information to the division:

(i)  by no later than October 1, 2022:

(A)  the state agency’s water use for fiscal year 2020; and

(B)  the state agency’s water use for fiscal year 2022;

(ii)  by no later than October 1, 2023, the state agency’s water use for fiscal year 2023; and

(iii)  by no later than October 1, 2026, the state agency’s water use for fiscal year 2026.

(c)  The division shall:

(i)  post the information provided to the division under this Subsection (3) on a public website; and

(ii)  by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a uniform measure for purposes of this section of a state agency’s water use.

(4)  Except when allowed by the division, a state agency may not water landscapes at a state government facility between the hours of 10 a.m. and 6 p.m.

(5)  A state agency shall do the following at a state government facility:

(a)  follow weekly lawn watering guides if issued by the division;

(b)  manually shut off systems during rain and wind events if the landscape irrigation system does not have rain and wind shutoff functions;

(c)  implement a leak-detection and repair program for outdoor use;

(d)  coordinate with the division to implement water efficient methods, technologies, and practices; and

(e)  at least annually:

(i)  evaluate opportunities to update irrigation technology with devices that:

(A)  meet national recognized standards for efficiency;

(B)  include rain and wind shutoff functions; and

(C)  include soil moisture sensors;

(ii)  evaluate opportunities to:

(A)  subject to Subsection (2), limit lawn or turf on the grounds of a state government facility and replace lawn or turf with water-wise plants; and

(B)  update facility-management technology to include metering for water-consuming processes related to irrigation and mechanical systems; and

(iii)  audit and repair a landscape irrigation system so that the landscape irrigation system is operating at maximum acceptable efficiency.

Enacted by Chapter 50, 2022 General Session

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