HB 489 — Water Infrastructure Amendments

[(b)] (d) "Independent review" is a review conducted:

(i) in accordance with this section;

and (ii) by an engineer[,] or engineering firm, designated by the division as having technical expertise in the area of storm water calculations.

[(c)] (e) "Low impact development" means a structural or natural engineered [systems] system located close to the source of storm water that [use or mimic] uses or mimics natural processes to encourage infiltration, evapotranspiration, or reuse of the storm water.

[(d)] (f) "Permittee" means a municipality or county with a storm water permit under the Utah Pollutant Discharge Elimination System.

(g) "Retention basin" means a Ĥ→ [best management practice] structure ←Ĥ 53a designed to hold water to manage storm water runoff by capturing the storm water runoff to:

and 3.(ii) improve water quality through sedimentation.

Line[(e)] 90(h) through"Storm 93a:water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

[(f)] (i) "Storm water permit" means a permit issued to a permittee by the division for the permittee's municipal separate storm sewer system.

[(g)] (j) "Utah Pollutant Discharge Elimination System" means the state-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing [ - 2 - 02-26 14:44 H.B.

489 permits] a permit under this chapter.

(2) A permittee shall reduce any requirement for an applicant to manage or control storm water runoff rates or storm water runoff volumes for flood control purposes to account for the reduction in storm water associated with approved low impact development practices.

(3) The director shall create and maintain a list of engineers, including engineering firms, capable of providing independent review of low impact development designs and storm water calculations for use by an applicant and a permittee pursuant to an appeal described in Subsection (4).

(4)(a) An applicant who appeals a permittee's determination regarding post-construction retention requirements under the permittee's storm water permit may request the permittee to refer the appeal to independent review for purposes of determining the technical aspects of the appeal, including:

(i) the required size of any low impact development system;

(ii) the calculations of reductions in storm water runoff rates or storm water runoff volumes for flood control due to the use of low impact development;

and (iii) the feasibility of constructing low impact development practices required by the permittee.

(b)(i) If an applicant makes a request under Subsection (4)(a)[:] , [(i)] the permittee shall:

(A) select an engineer or engineering firm from the list described in Subsection (3);

and (B) pay one-half of the cost of the independent review.

(ii) [An ] A permittee may not select an engineer or engineering firm[ selected by the permittee] under Subsection (4)(b)(i)[ may not be]:

(A) associated with the application that is the subject of the appeal;

or (B) employed by the permittee.

(5)(5)(a) (a) Ĥ→ [[For] {For}On ]On and after January 1, 2027, for ←Ĥ long-term storm water 93a management control, a permittee in the Great Salt Lake 4.basin shall prioritize a low impact development practice other than use of a retention basin, unless the applicant establishes to the satisfaction of the permittee that no - 3 - H.B.

Line489 9402-26 through14:44 100:feasible alternative to use of a retention basin is available.

basin(b) shallĤ→ prioritize[If] aOn lowand impactafter developmentJanuary practice1, other2027, thanif use←Ĥ of a detention basin is required for 97a post-construction retention basin,requirements unlessin the Great Salt Lake basin, the applicant establishesshall design the detention basin to Ĥ→ [release] 98a drain ←Ĥ all water Ĥ→ [ as soon as possible] ←Ĥ , except that the satisfactiondesign of the permitteedetention thatbasin nomay feasible99a alternativenot tointerfere usewith offlood acontrol retentionmanagement basinor isdrainage available.system capacity.

(b)Section Ĥ→2. [ {If} ]On and after January 1, 2027, if ←Ĥ a detention basin is required for 97a post-construction retention requirements in the Great Salt Lake basin, the applicant shall design the detention basin to Ĥ→ [ {release} ] - 1 - House Floor Amendments 98a drain ←Ĥ all water Ĥ→ [ { as soon as possible} ] ←Ĥ , except that the design of the detention basin may 99a not interfere with flood control management or drainage system capacity.

-Effective 2Date. - House Floor Amendments

This bill takes effect on May 6, 2026.

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