All Roll Calls
Yes: 160 • No: 0
UtahS.B. 2202025 General SessionSenate
Construction Modifications
Sponsored By: Calvin R. Musselman (Republican)
Signed by Governor
BusinessConstructionDepartment of Environmental QualityWater Quality
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 1 benefits, 1 costs, 6 mixed.
Builders get clearer runoff plan reviews
Municipal authorities must post preferred runoff-control practices and a checklist for complete prevention-plan applications on their websites. Application demands generally cannot exceed federal requirements, except through the law's process for stricter rules. Authorities must review plans within 14 business days, explain requests for more information, and cite and log required changes. After receiving requested information or changes, they have five business days to finish and give written notice of discharge approval or denial. Only the owner of the municipal system receiving runoff can require a post-construction maintenance agreement.
Construction projects need runoff permit coverage
Construction that disturbs at least 1 acre of soil requires stormwater permit coverage. Smaller projects also need coverage when they are part of a common development or sale plan. Covered projects must meet permit requirements for controlling construction runoff.
Builders face photo-based runoff inspections
The municipal system owner receiving runoff must inspect construction sites and publish inspection procedures or forms; applicants must allow inspections. Authorities must use a pre-construction review checklist consistent with the current federal Construction General Permit. Applicants or their representatives must join pre-construction inspections, which can be on-site or electronic. Oversight inspections generally use clear photos with date, time, and GPS metadata, but applicants can choose an on-site visit. Authorities can inspect in person for documented reasons, including altered photos, late submissions, or sites within one-half mile of a river, stream, or lake; state transportation and military projects also qualify.
Construction violations carry broader enforcement risks
Beginning May 7, 2025, the Division of Water Quality can stop construction through the stormwater enforcement process. State and local enforcement officials can seek injunctions and civil penalties up to $10,000 per violation day. Criminal sanctions can include imprisonment and daily fines up to $25,000 for Class A misdemeanors or $50,000 for third-degree felonies. Conduct creating imminent danger of death or serious injury can bring second-degree felony fines up to $250,000 per day. Organization fines can reach $1 million. A single operational upset counts as one violation; employee conduct generally counts against the employer, with separate individual actions limited in many cases. An affirmative defense covers an endangered person's consent to a reasonably foreseeable professional hazard. Civil penalties largely go to the General Fund, with rule-based reimbursement allowed for extraordinary state and local enforcement expenses.
Utah limits stricter local water rules
Utah generally limits state and municipal water rules to federal standards. For stricter rules, the Water Quality Board must hold public comment and a hearing and issue written, evidence-based findings. Those findings must show that federal rules fail to protect public health and the environment, after reviewing relevant studies. Municipal rules need express state permission to exceed federal standards; stricter permit requirements also require comment, a hearing, and findings. Stricter agricultural-water rules require commission approval.
Builders face fines with appeal rights
Before fining, municipal authorities must give written notice, at least one business day to correct, then a written warning. A fine can follow after at least one additional business day without correction. Fines per occurrence are $500 for working without an approved permit, $300 for road mud, and $250 for spill cleanup or reporting failures. Missed inspections and missing records each carry $100 fines; failure to use general runoff-control practices costs $500 per site, per occurrence. Additional fines can accrue each business day starting the day after the fine is issued, and fines may be imposed within 30 days after correction. Each fine must be written and document the violation. Beginning May 7, 2025, recipients can request an informal hearing to challenge covered notices or fines. Fine revenue is reserved for applicant education and outreach, not direct payments to applicants.
Builders get stop-work limits, face cleanup costs
Municipal authorities cannot stop construction solely because a preferred runoff-control practice proves deficient when properly chosen and used for the site. A documented immediate threat to water quality still allows an earlier stop-work order. Authorities can recover reasonable cleanup costs when an applicant refuses to fix a violation after the enforcement process is exhausted. At cleanup, the authority must find an imminent threat of significant harm to water quality or the stormwater system.
Road projects get separate runoff rules
Utah's transportation department is exempt from specified construction stormwater prevention-plan and enforcement requirements. It can set stricter water requirements when acting under a federal water-pollution consent decree, with record-based justification. For state transportation projects, it can include financial disincentives in contracts or specifications and use them to offset project costs.
Sponsors & Cosponsors
Sponsor
Calvin R. Musselman
Republican • Senate
Cosponsors
Thomas W. Peterson
Republican • House
Roll Call Votes
Senate vote • 3/7/2025
Senate/ concurs with House amendment
Yes: 24 • No: 0
House vote • 3/7/2025
House/ substituted
Yes: 0 • No: 0
House vote • 3/7/2025
House/ passed 3rd reading
Yes: 66 • No: 0
House vote • 2/28/2025
House Comm - Favorable Recommendation
Yes: 12 • No: 0
Senate vote • 2/24/2025
Senate/ passed 3rd reading
Yes: 21 • No: 0
Senate vote • 2/21/2025
Senate/ passed 2nd reading
Yes: 24 • No: 0
Senate vote • 2/21/2025
Senate/ floor amendment
Yes: 0 • No: 0
Senate vote • 2/14/2025
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
Senate vote • 2/14/2025
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
Senate vote • Unknown
Senate/ floor amendment
Yes: 0 • No: 0
House vote • Unknown
House/ substituted
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/24/2025Senate/ to Governor
3/17/2025SenateSenate/ received enrolled bill from Printing
3/17/2025SenateSenate/ enrolled bill to Printing
3/13/2025SenateEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/7/2025Bill Received from Senate for Enrolling
3/7/2025Senate/ signed by President/ sent for enrolling
3/7/2025SenateSenate/ received from House
3/7/2025SenateHouse/ to Senate
3/7/2025HouseHouse/ signed by Speaker/ returned to Senate
3/7/2025HouseHouse/ received from Senate
3/7/2025HouseSenate/ to House
3/7/2025SenateSenate/ concurs with House amendment
3/7/2025SenateSenate/ placed on Concurrence Calendar
3/7/2025SenateSenate/ received from House
3/7/2025SenateHouse/ to Senate
3/7/2025HouseHouse/ passed 3rd reading
3/7/2025HouseHouse/ substituted
3/7/2025HouseHouse/ 3rd reading
3/7/2025HouseHouse/ 2nd reading
3/5/2025HouseHouse/ Rules to 3rd Reading Calendar
3/5/2025HouseHouse/ return to Rules due to fiscal impact
3/3/2025HouseHouse/ committee report favorable
3/3/2025HouseHouse Comm - Favorable Recommendation
2/28/2025House
Bill Text
Enrolled
3/13/2025
Substitute #2
3/5/2025
Amended 2/21/2025 16:02:368
2/21/2025
Substitute #1
2/13/2025
Introduced
2/4/2025