HB 125 — Department of Natural Resources Related Modifications Amendments

(2)(2)(a) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain [a Dreissena] an invasive mussel.

[(4)] (6) "Equipment" means an article, tool, implement, or device capable of carrying or containing:- 5 - H.B.

125 Enrolled Copy containing:

- 6 - HB0125 compared with HB0125S03 [(9)] (16)(16)(a) (a) "Water supply system" means a system that treats, conveys, or distributes water for irrigation, industrial, waste water treatment, or culinary use.

23A-10-201.23A-10-201 .

(i) paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or (2);- 6 - Enrolled Copy H.B.

125 (2);

(6)(6)(a)(i) (a) - 7 - HB0125 compared with HB0125S03 (i) The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.

23A-10-202.23A-10-202 .

(1)- A7 person- whoH.B. discovers [a Dreissena] an invasive mussel within this state or has reason to believe [a Dreissena] an invasive mussel may exist at a specific location shall immediately report the discovery to the division.

125 Enrolled Copy (1) A person who discovers [a Dreissena] an invasive mussel within this state or has reason to believe [a Dreissena] an invasive mussel may exist at a specific location shall immediately report the discovery to the division.

23A-10-301.23A-10-301 .

(1)(1)(a) (a) establish inspection stations located at or along:

or - 8 - HB0125 compared with HB0125S03 (B) conveyance launch [sites] site;

23A-10-302.23A-10-302 .

or (ii)- reasonably8 believes- thatEnrolled theCopy personH.B. transporting the conveyance or equipment is in violation of Section 23A-10-201;

125 (ii) reasonably believes that the person transporting the conveyance or equipment is in violation of Section 23A-10-201;

23A-10-303.23A-10-303 .

- 9 - HB0125 compared with HB0125S03 (1) Except as provided by Subsection (6), if the [division] Division of Wildlife Resources detects or suspects [a Dreissena] an invasive mussel is present in a water body, a facility, or a water supply system, the director or the director's designee may, with the concurrence of the executive director, order:

(3)(3)(a) (a) The Wildlife Board shall develop procedures to ensure proper notification of a state, federal, or local agency that is affected by [a Dreissena] an invasive mussel infestation.

and (ii)- methods9 for- providingH.B. updated information to the agency.

125 Enrolled Copy (ii) methods for providing updated information to the agency.

(5)(5)(a) (a) A person that operates a water supply system shall cooperate with the [division] Division of Wildlife Resources to implement a measure to:

-(b)(i) 10 - HB0125 compared with HB0125S03 (b) (i) If [a Dreissena] an invasive mussel is detected, the water supply system's operator, in cooperation with the [division] Division of Wildlife Resources, shall prepare and implement a plan to control or eradicate [a Dreissena] an invasive mussel within the water supply system.

(6)(6)(a) (a) The [division] Division of Wildlife Resources may not close or quarantine a water supply system if the operator has prepared and implemented a plan to control or eradicate [a Dreissena] an invasive mussel in accordance with Subsection (5).

(b)(b)(i) (i) The [division] Division of Wildlife Resources may require the operator to update a plan.

23A-10-304.23A-10-304 .

(1)- (a)10 Except- asEnrolled describedCopy inH.B. Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.

125 (1)(a) Except as described in Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.

or] [(B) through a division process if the vessel owner elects to not pay the aquatic invasive species fee in conjunction with the registration process;] - 11 - HB0125 compared with HB0125S03 (ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section [23A-3-211] 79-2-706;

(2)(2)(a) (a) Except as provided in Subsection (3), there is imposed an annual nonresident aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters of this state if:

(3)(3)(a) (a) Subsections (1) and (2) do not apply if the vessel is:

and[ {[} the vessel is] (ii) [ ]used within the course and scope of the duties of the government agency.

(b) A resident or nonresident owner or operator of a nonmotorized vessel or inflatable motorboat is exempt from this section before launching or operating a nonmotorized vessel or inflatable motorboat on the waters of this state{state. Ĥ→ {} {[} .} (c) A person renting or leasing a vessel from a boat livery:

(i)(c) isA notperson requiredrenting toor payleasing thea aquaticvessel invasivefrom speciesa feeboat describedlivery: in Subsection (1) or (2);

and(i) (ii) is not required to completepay anthe aquatic invasive species educationfee course described in Subsection (4)(a)(1) (ii)- through11 the- boatH.B. livery under Subsection 23A-10-306(2) unless exempt under Subsection (3)(b) or Subsection 23A-10-306(3).

(4)125 (a)Enrolled {Copy only if } Before launching or operating(2); a vessel on the {nonmotorized } waters of this state:{]} - 12 - HB0125 compared with HB0125S03 [(a)] (i) [(i)] (A) {{ ←Ĥ } { Ĥ→ } {} {[} {vessel or inflatable motorboat is being launched or operated in } a {geographic region, } resident {]} {} { ←Ĥ } { Ĥ→ } {} {[} owner {water body, facility, or water supply system that is not infested water} shall pay the aquatic invasive species fee as described in Subsection (1);

and{]}and [(ii)](ii) (B)is {required ←Ĥto }complete .an aquatic invasive species education course described in Subsection (4)(a)(ii) through the boat livery under Subsection 23A-10-306(2) unless exempt under Subsection (3)(b) or Subsection 23A-10-306(3).

{(c)}(4)(a) {ABefore personlaunching renting or leasingoperating a vessel fromon a boat livery:} {(i)} {is not required to pay the aquaticwaters invasiveof speciesthis feestate: described in Subsection (1) or (2);

and}[(a)] {(ii)}(i)[(i)] {is(A) required to complete an aquatic invasive species education course described in Subsection (4) (a)(ii) through the boat livery under Subsection 23A-10-306(2) unless exempt under Subsection (3) (b).} {(4)} {(a)} Before launching or operating } a {vesselresident on the waters of this state:} nonresident [(a)] (i) {[(i)] (A)} owner {a resident } shall pay the aquatic invasive species fee as described in Subsection (2);(1);

and [(b)][(ii)] (ii)(B) [{ownera nonresident owner shall pay the aquatic invasive species fee as described in Subsection (1);(2);

and}and the[(b)] (ii) [the resident or nonresident vessel owner {[(ii)] (B)} ] an individual who is 12 years old or older who operates a vessel {a nonresident } shall successfully complete {owner } once every calendar year {shall pay the } an aquatic invasive species {feeeducation ascourse described[offered] inapproved Subsectionby (2);the division.

and } education course [(b)] (ii) [{the resident or nonresident vessel owner } offered] {an individual who is 12 years old or older who operates a vessel } approved{shall successfully complete } by the division.

- 13 - HB0125 compared with HB0125S03 (d) An individual operating a vessel is not required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) if:

(5) {once every calendar year an } Notwithstanding the fee amount described in Subsections (1) and (2), the Wildlife Board may increase resident and nonresident aquatic invasive species {education course } fees assessed under this section, so long as:

(a) {[{offered} the aquatic invasive species fee for nonresidents described in Subsection (2) is no less than the resident aquatic invasive species fee described in Subsection (1);

and{]}and approved} (b) { by } the aquatic invasive species fee is confirmed in the {division} legislative fee schedule.

{(b)}- {The12 division- shallEnrolled approveCopy proofH.B. of completion of the aquatic invasive species education course described in Subsection (4)(a)(ii) upon an individual successfully completing the aquatic invasive species education course.

The125 proof of completion expires the day after December 31 in the calendar year in which the operator completes the aquatic invasive species education course.} {(c)} An individual operating a vessel who is required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) shall provide the proof described in Subsection (4)(b) to a natural resources officer or other peace officer upon request.} {(5)} (6) {Notwithstanding the fee amount described in Subsections (1) and (2)} In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may {increase resident and nonresident aquatic invasive species fees assessed under this section, so long as} make rules establishing procedures for:

(a) {theproof aquaticof invasivepayment speciesand feeother formethods nonresidentsof describedverifying incompliance Subsectionwith (2)this issection; no less than the resident aquatic invasive species fee described in Subsection (1);

and}(b) proofspecial ofrequirements paymentapplicable andon otherinterstate methodswater ofbodies verifyingin compliance with this section;state;

(b)and {the(c) aquaticother invasiveprovisions speciesnecessary feefor isthe confirmedadministration }of specialthe requirementsprogram. applicable on interstate water bodies in {the legislative fee schedule.} this state;

andSection {(6)}9. (c) {In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, } other provisions necessary for the administration of the {Wildlife Board may make rules establishing procedures for:} program.

-Section 1423A-10-306 -is HB0125enacted comparedto withread: HB0125S03 {(a)} {proof of payment and other methods of verifying compliance with this section;} {(b)} {special requirements applicable on interstate water bodies in this state;

and}23A-10-306 {(c)}. other provisions necessary for the administration of the program.} Section 9.

Section 9 is enacted to read:

23A-10-306.

317a(3)(a) (3){ Ĥ→ {} {(3)} } (a)(a) An owner of a boat livery is exempt from Subsection (2) if the owner of the boat livery or person renting or leasing a conveyance does not transport on a highway the conveyance after being rented or leased and before the conveyance is used by the person renting or leasing the conveyance.

317e(b) (b)(b) An owner of a boat livery is exempt from Subsection (2) if:

317f(i) (i)(i) the conveyance being rented or leased is transported by the owner of the boat livery to a {waterbody} water body;

317h(ii) (ii)(ii) the person renting or leasing the conveyance does not operate the conveyance;

317i(iii) (iii)(iii) the owner of the boat livery rents or leases the conveyance under the condition that the livery owner, the livery owner's agent, an independent contractor, or employee of the livery owner operates the conveyance;

and 317l - 1513 - HB0125H.B. compared with HB0125S03 (iv)(iv) the person operating the conveyance under this Subsection (3)(b) has taken the aquatic invasive species education course as required in Subsection 23A-10-303(4).

(4){[{(3)}125 {]}Enrolled {{(4)}Copy }{}(iv) ←Ĥthe }person Aoperating personthe whoconveyance violatesunder this sectionSubsection is(3)(b) guiltyhas oftaken athe classaquatic Binvasive misdemeanorspecies ineducation accordancecourse withas Sectionrequired 23A-5-301.in Subsection 23A-10-303(4).

(4) A person who violates this section is guilty of a class B misdemeanor in accordance with Section 23A-5-301.

23A-10-401.23A-10-401 .

23A-10-501.23A-10-501 .

- 16 - HB0125 compared with HB0125S03 (a) designate the division as the entity that coordinates the implementation of the emergency- response14 plan;- Enrolled Copy H.B.

125 emergency response plan;

63A-17-502.63A-17-502 .

(c) "Department" means, except as otherwise provided in this section, the Department of Government Operations, the Department of Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage Services, the Insurance Department, the Public Service Commission, the Labor Commission, the Department of Agriculture and Food, the Department of Human Services, the Department of Natural Resources, the Department of Transportation, the Department of Commerce, the Department of Workforce Services, the State Tax Commission, the Department - 17 - HB0125 compared with HB0125S03 of Cultural and Community Engagement, the Department of Health, the National Guard, the Department of Environmental Quality, the Department of Public Safety, the Commission- on15 Criminal- andH.B. Juvenile Justice, all merit employees except attorneys in the Office of the Attorney General, merit employees in the Office of the State Treasurer, merit employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and the Board of Pardons and Parole.

125 Enrolled Copy Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the Office of the Attorney General, merit employees in the Office of the State Treasurer, merit employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and the Board of Pardons and Parole.

or] - 18 - HB0125 compared with HB0125S03 [(B) who is employed by a department other than the Department of Natural Resources],- the16 period- theEnrolled divisionCopy establishesH.B. by rule in accordance with Subsection (2).

125 Resources], the period the division establishes by rule in accordance with Subsection (2).

(4)(4)(a) (a) Each department shall negotiate and obtain a signed FLSA agreement from each nonexempt employee.

(5)(5)(a)(i) - 19 - HB0125 compared with HB0125S03 (a) (i) Except as provided in Subsection (5)(a)(ii), each department shall compensate each exempt employee who works overtime by granting the employee time- off17 at- theH.B. rate of one hour off for each hour of overtime worked.

125 Enrolled Copy time off at the rate of one hour off for each hour of overtime worked.

(b)(b)(i) (i) Each department shall:

- 20 - HB0125 compared with HB0125S03 (6) The division shall:

(c) in coordination with modifications to the systems operated by the Division of Finance,- make18 rules,- inEnrolled accordanceCopy withH.B. Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

125 Finance, make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(7)(7)(a) (a) In coordination with the procedures for recording overtime worked established in rule by the division, the Division of Finance shall modify its payroll and human resource systems to accommodate those procedures.

(b) Notwithstanding the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, Section 63A-17-602, and Section 67-19a-301, an employee who is aggrieved by the FLSA designation made by the division as required by this section may appeal that determination - 21 - HB0125 compared with HB0125S03 to the director of the division by following the procedures and requirements established in division rule.

(d) If the employee is aggrieved by the decision of the director, the employee shall appeal that determination to the Department of Labor, Wage and Hour Division, according- to19 the- proceduresH.B. and requirements of federal law.

125 Enrolled Copy according to the procedures and requirements of federal law.

63J-1-602.1.63J-1-602.1 .

- 22 - HB0125 compared with HB0125S03 (17) The Underage Drinking Prevention Media and Education Campaign Restricted Account created in Section 32B-2-306.

(20)- The20 Property- LossEnrolled RelatedCopy toH.B. Homelessness Compensation Enterprise Fund created in Section 35A-16-212.

125 (20) The Property Loss Related to Homelessness Compensation Enterprise Fund created in Section 35A-16-212.

- 23 - HB0125 compared with HB0125S03 (38) Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-3a-105.

(41)- Funds21 collected- fromH.B. a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-55-106.

125 Enrolled Copy (41) Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-55-106.

- 24 - HB0125 compared with HB0125S03 (56) The Motion Picture Incentive Account created in Section 63N-8-103.

(c)- Cottonwood22 Canyons- TransportationEnrolled InvestmentCopy Fund;H.B.

125 (c) Cottonwood Canyons Transportation Investment Fund;

(70) Certain funds received by the Division of State Parks from the sale or disposal of [buffalo][ buffalo] bison, as provided under Section 79-4-1001.

Section 1473-1-22 is enacted to read:

73-1-22.73-1-22 .

- 25 - HB0125 compared with HB0125S03 The Department of Natural Resources may fund general litigation expenses and other costs incurred by the state related to litigation concerning the state's interests in water, including interests related to conservation, the right to use water, and the development of water resources.

73-2-11.73-2-11 .

(1) The state engineer shall keep on file in the state engineer's office a full and proper [records][ records] record, in physical or electronic form, of the state engineer's work, including [all field notes, computations and facts made or collected by the state engineer, all of which shall be part of the records of the state engineer's office and the property of the state.

All records,- maps23 and- papers]H.B. the following made or collected by the state engineer:

125 Enrolled Copy records, maps and papers] the following made or collected by the state engineer:

(4) The office of the state engineer is [hereby declared to be ]an office of public record, and [none[ none of the files, records or documents shall be removed therefrom] a file or record may not be removed from the office of the state engineer, except in the custody of the state engineer or one of the state engineer's deputies.[ Certified copies of any record or document shall be furnished by the state engineer] (5)(5)(a) - 26 - HB0125 compared with HB0125S03 (a) The state engineer shall furnish a certified copy of a record on demand, upon payment of the reasonable cost of making the [same] certified copy, together with the legal fee for certification.[ Such copies shall be] (b) A certified copy under this Subsection (5) is competent evidence, and [shall have] has the same force and effect as the [originals] original.

73-3-8.73-3-8 .

(1)(1)(a) (a) [It shall be the duty of the state engineer to] The state engineer shall approve an application if there is reason to believe that:

(A)- is24 physically- andEnrolled economicallyCopy feasible,H.B. unless the application is filed by the United States Bureau of Reclamation;

125 (A) is physically and economically feasible, unless the application is filed by the United States Bureau of Reclamation;

-(2)(a) 27 - HB0125 compared with HB0125S03 (2) (a) An application to appropriate water for industrial, power, mining development, manufacturing purposes, agriculture, or municipal purposes may be approved for a specific and certain period from the time the water is placed to beneficial use under the application, but in no event may an application be granted for a period of time less than that ordinarily needed to satisfy the essential and primary purpose of the application or until the water is no longer available as determined by the state engineer.

and (iii)- the25 water- isH.B. still available.

125 Enrolled Copy (iii) the water is still available.

(3)(3)(a) (a) Before the approval of any application to divert water from navigable lakes or streams of the state that contemplates the recovery of salts and other minerals or elements, as defined in Section 65A-17-101, therefrom by precipitation or otherwise, the applicant shall file with the state engineer a copy of:

[(b) The approval of an application shall be reversed if the applicant fails to comply with terms of the royalty contract or mineral lease.] - 28 - HB0125 compared with HB0125S03 (b) Upon written notice to the state engineer of termination or noncompliance of a royalty contract or mineral lease described in Subsection (3)(a), the state engineer shall:

(4)(4)(a) (a) The state engineer shall investigate all temporary change applications.

(5)(5)(a) (a) With respect to a change application for a permanent or fixed time change:

(c)- The26 state- engineerEnrolled mayCopy conditionH.B. approval of a change application, including to:

125 (c) The state engineer may condition approval of a change application, including to:

- 29 - HB0125 compared with HB0125S03 (D) is limited to the volume of water that will be sustained over time from the net decrease in depletion or net reduction in diversion of the underlying water right that serves as the basis of the saved water;

(6)(6)(a) (a) Except as provided in Subsection (6)(b), the state engineer shall reject a permanent or fixed time change application if the person proposing to make the change is unable to meet the burden described in Subsection 73-3-3(5).

or (iii)- that27 the- applicantH.B. provide and implement a plan approved by the state engineer to mitigate impairment of an existing right.

(c)125 (i)Enrolled ThereCopy is(iii) athat rebuttablethe presumptionapplicant ofprovide quantityand impairment,implement asa definedplan inapproved Sectionby 73-3-3, to the extentstate that,engineer forto amitigate periodimpairment of atan leastexisting sevenright. consecutive years, a portion of the right identified in a change application has not been:

(c)(i) There is a rebuttable presumption of quantity impairment, as defined in Section 73-3-3, to the extent that, for a period of at least seven consecutive years, a portion of the right identified in a change application has not been:

- 30 - HB0125 compared with HB0125S03 (C) Subsection 73-3-30(7);

Section- 17.28 - Enrolled Copy H.B.

125 Section 17.

73-3-30.73-3-30 .

- 31 - HB0125 compared with HB0125S03 (e) "Wildlife" means species of animals, including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, that are protected or regulated by a statute, law, regulation, ordinance, or administrative rule.

(2)(2)(a) (a) Pursuant to Section 73-3-3, a division may file a permanent change application, a fixed time change application, or a temporary change application, or a person entitled to the use of water may file a fixed time change application or a temporary change application, to provide water within the state for:

or (ii) an appurtenant water right acquired with the acquisition of real property by the division.- 29 - H.B.

125 Enrolled Copy division.

(3)(3)(a) - 32 - HB0125 compared with HB0125S03 (a) A person entitled to the use of water shall obtain a division director's approval of the proposed change before filing a fixed time change application or a temporary change application with the state engineer.

(4)(4)(a) (a) Pursuant to Section 73-3-3, a person entitled to the use of water may file a fixed time change application or a temporary change application for a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with:

or (iii)- the30 reservoir- locatedEnrolled partiallyCopy orH.B. entirely within the Colorado River System in the state that the water will be delivered to;

125 (iii) the reservoir located partially or entirely within the Colorado River System in the state that the water will be delivered to;

- 33 - HB0125 compared with HB0125S03 (7) Water used in accordance with this section is considered to be beneficially used, as required by Section 73-3-1.

73-10-34.73-10-34 .

(b)(b)(i) (i) "Commercial user" means a secondary water user that is a place of business.

(G) other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described- in31 Subsections- (1)(c)(ii)(B)H.B. through (F);

125 Enrolled Copy described in Subsections (1)(c)(ii)(B) through (F);

-(e)(i) 34 - HB0125 compared with HB0125S03 (e) (i) "Industrial user" means a secondary water user that manufactures or produces materials.

(f)(f)(i) (i) "Institutional user" means a secondary water user that is dedicated to public service, regardless of ownership.

(h)(h)(i) (i) "Residential user" means a secondary water user in a residence.

and (ii)(ii)(A) (A) is a city or town;

(2)(2)(a)(i) (a) (i) A secondary water supplier that supplies secondary water within a county of the first or second class and begins design work for new service on or after April 1, 2020, to a commercial, - 3532 - HB0125Enrolled comparedCopy withH.B. HB0125S03 industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service.

125 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service.

(e)(e)(i) (i) A secondary water supplier that provides pressurized secondary water to a commercial, industrial, institutional, or residential user shall develop a plan, or if the secondary water supplier previously filed a similar plan, update the plan for metering the use of the pressurized water.

- 36 - HB0125 compared with HB0125S03 (3) A secondary water supplier shall on or before March 31 of each year, report to the Division- of33 Water- Rights:H.B.

(a)125 forEnrolled commercial,Copy industrial,Division institutional, and residential users whose pressurized secondary water use is metered, the number of acreWater feetRights: of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12- month period;

(a) for commercial, industrial, institutional, and residential users whose pressurized secondary water use is metered, the number of acre feet of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12-month period;

(4)(4)(a) (a) Beginning July 1, 2019, the Board of Water Resources may make [up to $10,000,000 in ]low-]low-interest interest loans available each year:

(5)(5)(a) - 37 - HB0125 compared with HB0125S03 (a) Beginning July 1, 2021, subject to appropriation, the Division of Water Resources may make matching grants each year for financing the cost of secondary water metering for a commercial, industrial, institutional, or residential user by a small secondary water retail supplier that:

(b) For purposes of issuing grants under this section, the division shall prioritize the small- secondary34 water- retailEnrolled suppliersCopy thatH.B. can demonstrate the greatest need or greatest inability to pay the entire cost of installing secondary water meters.

125 small secondary water retail suppliers that can demonstrate the greatest need or greatest inability to pay the entire cost of installing secondary water meters.

(8)(8)(a)(i) (a) (i) The state engineer shall commence an enforcement action under this Subsection (8) if the state engineer receives a referral from the director of the Division of Water Resources.

- 38 - HB0125 compared with HB0125S03 (A) finds that a secondary water supplier fails to fully meter secondary water as required by this section;

(d)- In35 accordance- withH.B. Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes:

125 Enrolled Copy (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes:

(g)(g)(i) (i) The state engineer's final order may be reviewed by trial de novo by the court with jurisdiction in Salt Lake County or the county where the violation occurred.

- 39 - HB0125 compared with HB0125S03 (i) If the state engineer prevails in an action brought under Subsection (8)(g) or (h), the state may recover court costs and a reasonable attorney fee.

(iii) $30 for each non-metered secondary water connection of the secondary water supplier- for36 failure- toEnrolled complyCopy withH.B. full metering by January 1, 2032;

125 supplier for failure to comply with full metering by January 1, 2032;

and - 40 - HB0125 compared with HB0125S03 (e) the secondary water supplier submits to evaluations by the Division of Water Resources of the effectiveness of the plan described in Subsection (9)(c).

(d)- annually37 reports- toH.B. the Division of Water Resources on the results of the plan described in Subsection (10)(c);

125 Enrolled Copy (d) annually reports to the Division of Water Resources on the results of the plan described in Subsection (10)(c);

(13)(13)(a) (a) Notwithstanding the other provisions of this section and unless exempt under Subsection (9), (10), or (11), to comply with this section, a secondary water supplier is not required to meter every secondary water connection of the secondary water supplier's system, but shall meter at strategic points of the system as approved by the state engineer under this Subsection (13) if:

(ii)(ii)(A) (A) the majority of secondary water users on the system are associated with agriculture use or power generation use;

- 41 - HB0125 compared with HB0125S03 (A) 1,000 or fewer users if any part of the system is within a critical area;

(b)(b)(i) (i) A secondary water supplier may obtain the approval by the state engineer of strategic points where metering is to occur as required under this Subsection (13) by filing an application with the state engineer in the form established by the state engineer.

(14)(14)(a) (a) A contract entered into or renewed on or after July 1, 2025, between a secondary water supplier and an end user shall allow for billing by tiered conservation rates.

(b) Except as provided in Subsection (14)(f), by no later than July 1, 2030, regardless of whether- the38 secondary- waterEnrolled supplierCopy isH.B. fully metered or has modified existing contracts with end users, a secondary water supplier shall begin billing an end user using a tiered conservation rate that considers:

125 whether the secondary water supplier is fully metered or has modified existing contracts with end users, a secondary water supplier shall begin billing an end user using a tiered conservation rate that considers:

(i) shall enter into a contract with a secondary water supplier described in Subsection (14)(c) upon request from the secondary water supplier if the secondary water supplier agrees to provide water - 42 - HB0125 compared with HB0125S03 use and other data necessary for accurate billing in a file format compatible with the public water supplier's billing system;

(f)(f)(i) (i) A secondary water supplier is not required to bill an end user a tiered conservation rate if the secondary water supplier is:

or (B)- authorized39 to- meterH.B. at strategic points of the system under Subsection (13).

125 Enrolled Copy (B) authorized to meter at strategic points of the system under Subsection (13).

(g)(g)(i) (i) If a secondary water supplier violates this Subsection (14) on or after April 1, 2030, the secondary water supplier:

and (B) is subject to an enforcement action of the state engineer in accordance with this Subsection (14)(14)(g). (g).

- 43 - HB0125 compared with HB0125S03 (iii) The director of the Division of Water Resources shall submit a referral to the state engineer if the director:

(iv) To commence an enforcement action under this Subsection (14)(g), the state engineer shall issue a notice of violation that includes notice of the administrative fine described in Subsection (14)(g)(14)(g)(xiii) (xiii) to which a secondary water supplier is subject.

(B) the right to a hearing, upon request by a secondary water supplier against whom- the40 notice- isEnrolled issued;Copy H.B.

125 whom the notice is issued;

- 44 - HB0125 compared with HB0125S03 (xii) If the state engineer prevails in an action brought under Subsection (14)(g)(x) or (xi), the state may recover court costs and reasonable attorney fees.

73-10-36.73-10-36 .

(d)- "Watershed41 council"- meansH.B. a council created under Chapter 10g, Part 3, Watershed Councils Act.

125 Enrolled Copy (d) "Watershed council" means a council created under Chapter 10g, Part 3, Watershed Councils Act.

(3) When consulted by a local government for information and technical resources regarding regional water conservation goals under Subsection 10-20-404(2)(d) or [17-79-403(2)(c)][ 17-79-403(2)(c)] 17-79-403(2)(d), the division may seek input from the appropriate watershed council or councils.

73-18-10.73-18-10 .

(1)(1)(a) (a) The owner of a boat livery shall keep a record of the following:

- 45 - HB0125 compared with HB0125S03 (b) [The record shall be preserved ] The owner of a boat livery shall keep a record described in Subsection (1)(a) for at least one year.

79-2-406.79-2-406 .

(3)- (a)42 The- departmentEnrolled shallCopy studyH.B. and make recommendations to the committee on the viability of an in- lieu fee program for wetland mitigation, including:

125 (3)(a) The department shall study and make recommendations to the committee on the viability of an in-lieu fee program for wetland mitigation, including:

and (ii) the viability of the state partnering with a private organization to establish and administer an in-in-lieu lieu fee program.

- 46 - HB0125 compared with HB0125S03 (c) The department shall provide a report on the status of the department's study during or before the committee's November interim meeting in 2022.

79-2-702.79-2-702 .

(4)- This43 part- doesH.B. not limit or modify the powers and duties of other law enforcement officers in the state.

125 Enrolled Copy (4) This part does not limit or modify the powers and duties of other law enforcement officers in the state.

79-3-202.79-3-202 .

- 47 - HB0125 compared with HB0125S03 (d) investigate the kind, amount, and availability of mineral substances contained in lands owned and controlled by the state, to contribute to the most effective and beneficial administration of [these] the lands for the state;

(j)- provide44 data- thatEnrolled supportsCopy scientificH.B. understanding, resource planning, and resource development related to groundwater and surface water;

125 (j) provide data that supports scientific understanding, resource planning, and resource development related to groundwater and surface water;

[(j)] (m) prepare, publish, distribute, and sell maps, reports, and bulletins, embodying the work accomplished by the survey, directly or in collaboration with others, and collect and prepare exhibits of the geological and mineral resources of this state and interpret [their][ their] the geological and mineral resources' significance;

- 48 - HB0125 compared with HB0125S03 [(m)] (p) mark, protect, and preserve critical paleontological sites;

(2)(2)(a) (a) The survey may maintain as confidential, and not as a public record, information provided to the survey by any source.

(4)(4)(a) (a) Subject to the authority granted to the department, the survey may enter into cooperative agreements with the entities specified in Subsection (1)(g), if approved by- the45 board,- andH.B. may accept or commit allocated or budgeted [funds] money in connection with [those] the agreements.

125 Enrolled Copy by the board, and may accept or commit allocated or budgeted [funds] money in connection with [those] the agreements.

79-3-302.79-3-302 .

- 49 - HB0125 compared with HB0125S03 (a) one member knowledgeable in the field of geology as applied to the practice of [civil ]engineering] engineering geology;

(4)(4)(a) (a) Except as required by Subsection (4)(b), [members are appointed for terms] the governor shall appoint a member to a term of four years.

(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed- for46 the- unexpiredEnrolled termCopy byH.B. the governor with the advice and consent of the Senate.

125 appointed for the unexpired term by the governor with the advice and consent of the Senate.

(6)(6)(a) (a) The board shall hold meetings at least quarterly on [such dates as may be] dates set by [its] the board's chair.

(7)(7)(a) - 50 - HB0125 compared with HB0125S03 (a) [Members ] A member of the board may not obtain financial gain by reason of information obtained during the course of [their] the member's official duties.

79-4-402.79-4-402 .

(2)(2)(a) (a) Except as provided in Subsection (2)(b), the account consists of revenue from:

(b)- The47 account- [shall]H.B. may not include revenue the division receives under Section 79-4-403 and Subsection 79-4-1001(2)(a).

125 Enrolled Copy (b) The account [shall] may not include revenue the division receives under Section 79-4-403 and Subsection 79-4-1001(2)(a).

79-4-1001.79-4-1001 .

- 51 - HB0125 compared with HB0125S03 (a) competitive bidding;

(a) the first $75,000 shall accrue to the division for the management of Antelope Island [buffalo][ buffalo] bison herds as dedicated credits;

This Bill Repeals:

Effective date.

3-6-26 10:30 PM - 5248 -