Senate rejects statewide water-efficient landscaping mandate for public facilities

Senator L. Harper presented Second Substitute House Bill 272, proposing statewide standards to promote water-efficient landscaping on new public facilities — including school districts, municipalities, state buildings and highways — effective May 3, 2023. Under the substitute, new construction would be limited to no more than 20% of outdoor space in turf or lawn except for active use fields (such as football or baseball) and would prohibit grass plantings in park strips narrower than 8 feet. Harper said the measure ‘‘encourages water efficient landscaping and conserves the water that we have.’’

Senator Vickers asked whether the standards would be statewide or regionally applied; Harper confirmed the bill applies statewide to all public facilities. Several senators raised concerns during debate about a uniform mandate across Utah’s widely varying climates and water systems. Senator Bramble noted that municipalities like Provo manage their own water systems and asked whether the bill would effectively dictate landscaping to cities with distinct water sources. Senator Bramble warned it would treat arid, fast-growing regions the same as higher-precipitation communities.

Others described the proposal as prescriptive. Senator Sandal said she was ‘‘very concerned that we become prescriptive too quickly’’ and encouraged incentives rather than mandates. Senator Owens urged patience to allow voluntary conservation studies and programs to play out before imposing statewide requirements.

After summation by Senator Harper — who characterized the bill as ‘‘pro-spective’’ (effective after the bill’s effective date) and aimed at advancing conservation for publicly owned buildings and facilities — the Senate voted under suspension of the rules. Roll call returned 10 yea votes, 14 nay votes, and 5 absent; the motion to pass failed and the bill was returned to staff for filing.

The discussion centered on whether a uniform statutory standard is appropriate across jurisdictions that differ in water supply, climate and local land-use requirements. The Senate did not adopt amendments or send the bill to interim study on the floor during this session.