HB 19

Enrolled Copy  H.B. 19
1Drinking Water Utilities Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Colin W. Jack
  Senate Sponsor: Heidi Balderree
2
3  LONG TITLE
4  General Description:
5     This bill addresses security at drinking water facilities.
6  Highlighted Provisions:
7     This bill:
8     ▸ defines terms;
9     ▸ requires a community water system to:
10●   complete an emergency response plan; and
11●   report a security breach to the Utah Cyber Center within two hours of discovering the
12  breach;
13     ▸ requires the Division of Drinking Water to report annually to two legislative committees
14  on security at community water systems;
15     ▸ classifies a community water system's emergency response plan as a protected record; and
16     ▸ makes technical and conforming changes.
17  Money Appropriated in this Bill:
18     None
19  Other Special Clauses:
20     None
21  Utah Code Sections Affected:
22  AMENDS:
23     19-4-106 (Effective 05/06/26) (Repealed 07/01/29), as last amended by Laws of Utah
24     2023, Chapter 238
25     63G-2-305 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
26     Session, Chapter 17
27  ENACTS:
H.B. 19  Enrolled Copy
2819-4-117 (Effective 05/06/26), Utah Code Annotated 1953
29
30   Be it enacted by the Legislature of the state of Utah:
31Section 1. Section 19-4-106 is amended to read:
3219-4-106 (Effective 05/06/26) (Repealed 07/01/29). Director -- Appointment --
33   Authority.
34   (1) The executive director shall appoint the director. The director shall serve under the
35administrative direction of the executive director.
36   (2) The director shall:
37(a) develop programs to promote and protect the quality of the public drinking water
38supplies of the state;
39(b) advise, consult, and cooperate with other agencies of this and other states, the federal
40government, and with other groups, political subdivisions, and industries in
41furtherance of the purpose of this chapter;
42(c) review plans, specifications, and other data pertinent to proposed or expanded water
43supply systems to ensure proper design and construction; [and]
44(d) ensure that a community water system has an emergency response plan that meets
45the requirements described in Subsection 19-4-117(2);
46[(d)] (e) subject to the provisions of this chapter, enforce rules made by the board
47through the issuance of orders that may be subsequently revoked, which orders may
48require:
49(i) discontinuance of use of unsatisfactory sources of drinking water;
50(ii) suppliers to notify the public concerning the need to boil water; or
51(iii) suppliers in accordance with existing rules, to take remedial actions necessary to
52protect or improve an existing water system; and
53[(e)] (f) as authorized by the board and subject to the provisions of this chapter, act as
54executive secretary of the board under the direction of the chair of the board.
55   (3) The director may authorize employees or agents of the department, after reasonable
56notice and presentation of credentials, to enter any part of a public water system at
57reasonable times to inspect the facilities and water quality records required by board
58rules, conduct sanitary surveys, take samples, and investigate the standard of operation
59and service delivered by public water systems.
60   (4) As provided in this chapter and in accordance with rules made by the board, the director
61may:
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62      (a) issue and enforce a notice of violation and an administrative order; and
63      (b) assess and make a demand for payment of an administrative penalty arising from a
64violation of this chapter, a rule or order issued under the authority of this chapter, or
65the terms of a permit or other administrative authorization issued under the authority
66of this chapter.
67  [(5)(a) The director shall study how water providers, municipalities, counties, and state
68      agencies may find greater efficiencies through improved coordination, consolidation,
69      and regionalization related to:]
70[(i) water use and conservation; and]
71[(ii) administrative and economic efficiencies.]
72      [(b) The study under this Subsection (5) shall consider recommendations including
73incentives, funding, regulatory changes, and statutory changes to promote greater
74coordination and efficiency and to help meet water infrastructure needs statewide.]
75      [(c) The director shall:]
76[(i) conduct the study in conjunction with the Division of Water Resources; and]
77[(ii) consult with a diverse group consisting of water providers, state agencies, local
78governments, and relevant stakeholders to help the director conduct the study and
79develop recommendations described in this Subsection (5).]
80      [(d) On or before October 30, 2024, the director shall provide a written report of the
81study's findings, including any recommended legislative action, to the Natural
82Resources, Agriculture, and Environment Interim Committee.]
83Section 2. Section 19-4-117 is enacted to read:
8419-4-117 (Effective 05/06/26). Emergency response plan required for community
85  water systems -- Requirements -- Report.
86  (1) As used in this section:
87      (a) "Authorized employee" means an employee of a community water system authorized
88to access:
89(i) an operational technology;
90(ii) a control system; or
91(iii) a secure area.
92      (b)(i) "Control system" means a physical or electronic system that implements a
93procedure or process for water treatment or water delivery at a community water
94system.
95(ii) "Control system" includes:
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96(A) a computer system that monitors or controls water treatment or water delivery
97equipment in real time, including a supervisory control and data acquisition
98system;
99(B) a computer device that performs calculations or processes data related to water
100treatment or water delivery; and
101(C) a network device or server that allows an authorized employee to remotely
102access a computer system or computer device that monitors or controls water
103treatment or water delivery.
104(c) "Emergency response plan" means the plan described in Subsection (2) and 42
105U.S.C. Sec. 300i-2(b).
106(d) "Operational technology" means a hardware, software, or firmware component of a
107control system.
108(e) "Secure area" means an area in a community water system that is not normally
109accessible by the public.
110(f)(i) "Security breach" means an incident that threatens the security of a community
111water system with the potential to impact the quality or quantity of delivered
112water.
113(ii) "Security breach" includes:
114(A) a breach of an operational technology or control system; or
115(B) an unauthorized attempt to delete, disable, destroy, or override data, an
116application, a device, or a computer network.
117   (2)(a) By no later than December 31, 2026, and July 1 annually thereafter, a supplier of
118a community water system serving a population of 3,300 or greater shall complete an
119emergency response plan.
120(b) By no later than July 1, 2027, and annually thereafter, a supplier of a community
121water system serving a population less than 3,300 shall complete an emergency
122response plan.
123(c) A supplier of a community water system shall report to the division on or before July
1241 of each year whether the supplier has completed an emergency response plan
125described in this Subsection (2).
126(d) An emergency response plan shall include a requirement to:
127(i) support and regularly update software used in a control system;
128(ii) deploy and maintain network protection for a control system, as needed;
129(iii) adopt best practices for secure authentication;
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130(iv) provide annual cybersecurity training to an employee who has regular access to
131an operational technology or control system;
132(v) complete an internal assessment of the community water system's security
133vulnerabilities and implement corrective controls to address a security
134vulnerability;
135(vi) promptly remove access to all operational technology and control systems from
136an employee whose employment is terminated;
137(vii) prohibit an unauthorized copying of software and data;
138(viii) ensure that an automated operational technology or control system can be
139operated manually, as needed;
140(ix) report a security breach in accordance with Subsection (3);
141(x) adopt other security and records management requirements in conformity with
142state and federal requirements; and
143(xi) comply with a security directive by the director.
144      (e) A supplier of a community water system shall make available for review to the
145director or the director's authorized representative, upon request:
146(i) the supplier's emergency response plan;
147(ii) an incident report; and
148(iii) any information related to an emergency response plan as requested by the
149director.
150      (f) For resources not related to water treatment and delivery owned or managed by a
151supplier of a community water system, the supplier may:
152(i) create an alternative emergency response plan from the emergency response plan
153described in this Subsection (2); or
154(ii) incorporate the emergency response plan developed under this Subsection (2), or
155any part thereof, into the emergency response plan for the resource not related to
156water treatment and delivery.
157  (3)(a) A supplier of a community water system shall report a security breach no later
158      than two hours after the supplier discovers the security breach to the Utah Cyber
159      Center created in Section 63A-16-1102.
160      (b) The Utah Cyber Center shall notify the division of a reported security breach
161described in Subsection (3)(a) as soon as possible, but not later than one day after
162receiving the report from the supplier.
163  (4)(a) By no later than October 31 of each year, the division shall submit a report on
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164security at community water systems in the state to:
165(i) the Natural Resources, Agriculture, and Environment Interim Committee; and
166(ii) the Public Utilities, Energy, and Technology Interim Committee.
167(b) The report described in this Subsection (4) shall include:
168(i) information collected by the division regarding security incidents and emergency
169response plans at community water systems in the state; and
170(ii) recommendations from the division, if any, for legislative action and funding to
171improve physical and electronic security at community water systems.
172   (5) The director shall provide information and technical resources to a community water
173system completing an emergency response plan described in Subsection (2).
174Section 3. Section 63G-2-305 is amended to read:
17563G-2-305 (Effective 05/06/26). Protected records.
176      The following records are protected if properly classified by a governmental entity:
177   (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
178provided the governmental entity with the information specified in Section 63G-2-309;
179   (2) commercial information or nonindividual financial information obtained from a person
180if:
181(a) disclosure of the information could reasonably be expected to result in unfair
182competitive injury to the person submitting the information or would impair the
183ability of the governmental entity to obtain necessary information in the future;
184(b) the person submitting the information has a greater interest in prohibiting access than
185the public in obtaining access; and
186(c) the person submitting the information has provided the governmental entity with the
187information specified in Section 63G-2-309;
188   (3) commercial or financial information acquired or prepared by a governmental entity to
189the extent that disclosure would lead to financial speculations in currencies, securities, or
190commodities that will interfere with a planned transaction by the governmental entity or
191cause substantial financial injury to the governmental entity or state economy;
192   (4) records, the disclosure of which could cause commercial injury to, or confer a
193competitive advantage upon a potential or actual competitor of, a commercial project
194entity as defined in Subsection 11-13-103(4);
195   (5) test questions and answers to be used in future license, certification, registration,
196employment, or academic examinations;
197   (6) records, the disclosure of which would impair governmental procurement proceedings
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198      or give an unfair advantage to any person proposing to enter into a contract or agreement
199      with a governmental entity, except, subject to Subsections (1) and (2), that this
200      Subsection (6) does not restrict the right of a person to have access to, after the contract
201      or grant has been awarded and signed by all parties:
202      (a) a bid, proposal, application, or other information submitted to or by a governmental
203entity in response to:
204(i) an invitation for bids;
205(ii) a request for proposals;
206(iii) a request for quotes;
207(iv) a grant; or
208(v) other similar document; or
209      (b) an unsolicited proposal, as defined in Section 63G-6a-712;
210  (7) information submitted to or by a governmental entity in response to a request for
211      information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
212      restrict the right of a person to have access to the information, after:
213      (a) a contract directly relating to the subject of the request for information has been
214awarded and signed by all parties; or
215      (b)(i) a final determination is made not to enter into a contract that relates to the
216subject of the request for information; and
217(ii) at least two years have passed after the day on which the request for information
218is issued;
219  (8) records that would identify real property or the appraisal or estimated value of real or
220      personal property, including intellectual property, under consideration for public
221      acquisition before any rights to the property are acquired unless:
222      (a) public interest in obtaining access to the information is greater than or equal to the
223governmental entity's need to acquire the property on the best terms possible;
224      (b) the information has already been disclosed to persons not employed by or under a
225duty of confidentiality to the entity;
226      (c) in the case of records that would identify property, potential sellers of the described
227property have already learned of the governmental entity's plans to acquire the
228property;
229      (d) in the case of records that would identify the appraisal or estimated value of
230property, the potential sellers have already learned of the governmental entity's
231estimated value of the property; or
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232(e) the property under consideration for public acquisition is a single family residence
233and the governmental entity seeking to acquire the property has initiated negotiations
234to acquire the property as required under Section 78B-6-505;
235   (9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
236transaction of real or personal property including intellectual property, which, if
237disclosed prior to completion of the transaction, would reveal the appraisal or estimated
238value of the subject property, unless:
239(a) the public interest in access is greater than or equal to the interests in restricting
240access, including the governmental entity's interest in maximizing the financial
241benefit of the transaction; or
242(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
243the value of the subject property have already been disclosed to persons not
244employed by or under a duty of confidentiality to the entity;
245   (10) records created or maintained for civil, criminal, or administrative enforcement
246purposes or audit purposes, or for discipline, licensing, certification, or registration
247purposes, if release of the records:
248(a) reasonably could be expected to interfere with investigations undertaken for
249enforcement, discipline, licensing, certification, or registration purposes;
250(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
251proceedings;
252(c) would create a danger of depriving a person of a right to a fair trial or impartial
253hearing;
254(d) reasonably could be expected to disclose the identity of a source who is not generally
255known outside of government and, in the case of a record compiled in the course of
256an investigation, disclose information furnished by a source not generally known
257outside of government if disclosure would compromise the source; or
258(e) reasonably could be expected to disclose investigative or audit techniques,
259procedures, policies, or orders not generally known outside of government if
260disclosure would interfere with enforcement or audit efforts;
261   (11) records the disclosure of which would jeopardize the life or safety of an individual;
262   (12) records the disclosure of which would jeopardize the security of governmental
263property, governmental programs, or governmental recordkeeping systems from
264damage, theft, or other appropriation or use contrary to law or public policy;
265   (13) records that, if disclosed, would jeopardize the security or safety of a correctional
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266      facility, or records relating to incarceration, treatment, probation, or parole, that would
267      interfere with the control and supervision of an offender's incarceration, treatment,
268      probation, or parole;
269  (14) records that, if disclosed, would reveal recommendations made to the Board of
270      Pardons and Parole by an employee of or contractor for the Department of Corrections,
271      the Board of Pardons and Parole, or the Department of Health and Human Services that
272      are based on the employee's or contractor's supervision, diagnosis, or treatment of any
273      person within the board's jurisdiction;
274  (15) records and audit workpapers that identify audit, collection, and operational procedures
275      and methods used by the State Tax Commission, if disclosure would interfere with
276      audits or collections;
277  (16) records of a governmental audit agency relating to an ongoing or planned audit until
278      the final audit is released;
279  (17) records that are subject to the attorney client privilege;
280  (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
281      employee, or agent of a governmental entity for, or in anticipation of, litigation or a
282      judicial, quasi-judicial, or administrative proceeding;
283  (19)(a)(i) personal files of a state legislator, including personal correspondence to or
284      from a member of the Legislature; and
285(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
286legislative action or policy may not be classified as protected under this section;
287and
288      (b)(i) an internal communication that is part of the deliberative process in connection
289with the preparation of legislation between:
290(A) members of a legislative body;
291(B) a member of a legislative body and a member of the legislative body's staff; or
292(C) members of a legislative body's staff; and
293(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
294legislative action or policy may not be classified as protected under this section;
295  (20)(a) records in the custody or control of the Office of Legislative Research and
296      General Counsel, that, if disclosed, would reveal a particular legislator's
297      contemplated legislation or contemplated course of action before the legislator has
298      elected to support the legislation or course of action, or made the legislation or course
299      of action public; and
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300(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
301Office of Legislative Research and General Counsel is a public document unless a
302legislator asks that the records requesting the legislation be maintained as protected
303records until such time as the legislator elects to make the legislation or course of
304action public;
305   (21) a research request from a legislator to a legislative staff member and research findings
306prepared in response to the request;
307   (22) drafts, unless otherwise classified as public;
308   (23) records concerning a governmental entity's strategy about:
309(a) collective bargaining; or
310(b) imminent or pending litigation;
311   (24) records of investigations of loss occurrences and analyses of loss occurrences that may
312be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
313Uninsured Employers' Fund, or similar divisions in other governmental entities;
314   (25) records, other than personnel evaluations, that contain a personal recommendation
315concerning an individual if disclosure would constitute a clearly unwarranted invasion
316of personal privacy, or disclosure is not in the public interest;
317   (26) records that reveal the location of historic, prehistoric, paleontological, or biological
318resources that if known would jeopardize the security of those resources or of valuable
319historic, scientific, educational, or cultural information;
320   (27) records of independent state agencies if the disclosure of the records would conflict
321with the fiduciary obligations of the agency;
322   (28) records of an institution of higher education defined in Section 53H-1-101 regarding
323tenure evaluations, appointments, applications for admissions, retention decisions, and
324promotions, which could be properly discussed in a meeting closed in accordance with
325Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final
326decisions about tenure, appointments, retention, promotions, or those students admitted,
327may not be classified as protected under this section;
328   (29) records of the governor's office, including budget recommendations, legislative
329proposals, and policy statements, that if disclosed would reveal the governor's
330contemplated policies or contemplated courses of action before the governor has
331implemented or rejected those policies or courses of action or made them public;
332   (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
333revenue estimates, and fiscal notes of proposed legislation before issuance of the final
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334      recommendations in these areas;
335  (31) records provided by the United States or by a government entity outside the state that
336      are given to the governmental entity with a requirement that they be managed as
337      protected records if the providing entity certifies that the record would not be subject to
338      public disclosure if retained by it;
339  (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
340      public body except as provided in Section 52-4-206;
341  (33) records that would reveal the contents of settlement negotiations but not including final
342      settlements or empirical data to the extent that they are not otherwise exempt from
343      disclosure;
344  (34) memoranda prepared by staff and used in the decision-making process by an
345      administrative law judge, a member of the Board of Pardons and Parole, or a member of
346      any other body charged by law with performing a quasi-judicial function;
347  (35) records that would reveal negotiations regarding assistance or incentives offered by or
348      requested from a governmental entity for the purpose of encouraging a person to expand
349      or locate a business in Utah, but only if disclosure would result in actual economic harm
350      to the person or place the governmental entity at a competitive disadvantage, but this
351      section may not be used to restrict access to a record evidencing a final contract;
352  (36) materials to which access must be limited for purposes of securing or maintaining the
353      governmental entity's proprietary protection of intellectual property rights including
354      patents, copyrights, and trade secrets;
355  (37) the name of a donor or a prospective donor to a governmental entity, including an
356      institution of higher education defined in Section 53H-1-101, and other information
357      concerning the donation that could reasonably be expected to reveal the identity of the
358      donor, provided that:
359      (a) the donor requests anonymity in writing;
360      (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
361classified protected by the governmental entity under this Subsection (37); and
362      (c) except for an institution of higher education defined in Section 53H-1-101, the
363governmental unit to which the donation is made is primarily engaged in educational,
364charitable, or artistic endeavors, and has no regulatory or legislative authority over
365the donor, a member of the donor's immediate family, or any entity owned or
366controlled by the donor or the donor's immediate family;
367  (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
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368   (39) a notification of workers' compensation insurance coverage described in Section
36934A-2-205;
370   (40) subject to Subsections (40)(g) and (h), the following records of an institution of higher
371education defined in Section 53H-1-101, which have been developed, discovered,
372disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
373institution:
374(a) unpublished lecture notes;
375(b) unpublished notes, data, and information:
376(i) relating to research; and
377(ii) of:
378(A) the institution of higher education defined in Section 53H-1-101; or
379(B) a sponsor of sponsored research;
380(c) unpublished manuscripts;
381(d) creative works in process;
382(e) scholarly correspondence; and
383(f) confidential information contained in research proposals;
384(g) this Subsection (40) may not be construed to prohibit disclosure of public
385information required pursuant to Subsection 53H-14-202(2)(a) or (b); and
386(h) this Subsection (40) may not be construed to affect the ownership of a record;
387   (41)(a) records in the custody or control of the Office of the Legislative Auditor General
388that would reveal the name of a particular legislator who requests a legislative audit
389prior to the date that audit is completed and made public; and
390(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
391Office of the Legislative Auditor General is a public document unless the legislator
392asks that the records in the custody or control of the Office of the Legislative Auditor
393General that would reveal the name of a particular legislator who requests a
394legislative audit be maintained as protected records until the audit is completed and
395made public;
396   (42) records that provide detail as to the location of an explosive, including a map or other
397document that indicates the location of:
398(a) a production facility; or
399(b) a magazine;
400   (43) information contained in the statewide database of the Division of Aging and Adult
401Services created by Section 26B-6-210;
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402  (44) information contained in the Licensing Information System described in Title 80,
403      Chapter 2, Child Welfare Services;
404  (45) information regarding National Guard operations or activities in support of the
405      National Guard's federal mission;
406  (46) records provided by any pawn or secondhand business to a law enforcement agency or
407      to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
408      Merchandise, and Catalytic Converter Transaction Information Act;
409  (47) information regarding food security, risk, and vulnerability assessments performed by
410      the Department of Agriculture and Food;
411  (48) except to the extent that the record is exempt from this chapter pursuant to Section
412      63G-2-106, records related to an emergency plan or program, a copy of which is
413      provided to or prepared or maintained by the Division of Emergency Management, and
414      the disclosure of which would jeopardize:
415      (a) the safety of the general public; or
416      (b) the security of:
417(i) governmental property;
418(ii) governmental programs; or
419(iii) the property of a private person who provides the Division of Emergency
420Management information;
421  (49) records of the Department of Agriculture and Food that provides for the identification,
422      tracing, or control of livestock diseases, including any program established under Title
423      4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
424      of Animal Disease;
425  (50) as provided in Section 26B-2-709:
426      (a) information or records held by the Department of Health and Human Services related
427to a complaint regarding a provider, program, or facility which the department is
428unable to substantiate; and
429      (b) information or records related to a complaint received by the Department of Health
430and Human Services from an anonymous complainant regarding a provider, program,
431or facility;
432  (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
433      under Section 41-1a-116, an individual's home address, home telephone number, or
434      personal mobile phone number, if:
435      (a) the individual is required to provide the information in order to comply with a law,
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436ordinance, rule, or order of a government entity; and
437(b) the subject of the record has a reasonable expectation that this information will be
438kept confidential due to:
439(i) the nature of the law, ordinance, rule, or order; and
440(ii) the individual complying with the law, ordinance, rule, or order;
441   (52) the portion of the following documents that contains a candidate's residential or
442mailing address, if the candidate provides to the filing officer another address or phone
443number where the candidate may be contacted:
444(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
445described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
44620A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
447(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
448(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
449   (53) the name, home address, work addresses, and telephone numbers of an individual that
450is engaged in, or that provides goods or services for, medical or scientific research that is:
451(a) conducted within the state system of higher education, as described in Section
45253H-1-102; and
453(b) conducted using animals;
454   (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
455Evaluation Commission concerning an individual commissioner's vote, in relation to
456whether a judge meets or exceeds minimum performance standards under Subsection
45778A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
458   (55) information collected and a report prepared by the Judicial Performance Evaluation
459Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
460Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
461public, the information or report;
462   (56) records provided or received by the Public Lands Policy Coordinating Office in
463furtherance of any contract or other agreement made in accordance with Section
46463L-11-202;
465   (57) information requested by and provided to the 911 Division under Section 63H-7a-302;
466   (58) in accordance with Section 73-10-33:
467(a) a management plan for a water conveyance facility in the possession of the Division
468of Water Resources or the Board of Water Resources; or
469(b) an outline of an emergency response plan in possession of the state or a county or
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470municipality;
471  (59) the following records in the custody or control of the Office of Inspector General of
472      Medicaid Services, created in Section 63A-13-201:
473      (a) records that would disclose information relating to allegations of personal
474misconduct, gross mismanagement, or illegal activity of a person if the information
475or allegation cannot be corroborated by the Office of Inspector General of Medicaid
476Services through other documents or evidence, and the records relating to the
477allegation are not relied upon by the Office of Inspector General of Medicaid
478Services in preparing a final investigation report or final audit report;
479      (b) records and audit workpapers to the extent they would disclose the identity of a
480person who, during the course of an investigation or audit, communicated the
481existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
482violation of a law, rule, or regulation adopted under the laws of this state, a political
483subdivision of the state, or any recognized entity of the United States, if the
484information was disclosed on the condition that the identity of the person be
485protected;
486      (c) before the time that an investigation or audit is completed and the final investigation
487or final audit report is released, records or drafts circulated to a person who is not an
488employee or head of a governmental entity for the person's response or information;
489      (d) records that would disclose an outline or part of any investigation, audit survey plan,
490or audit program; or
491      (e) requests for an investigation or audit, if disclosure would risk circumvention of an
492investigation or audit;
493  (60) records that reveal methods used by the Office of Inspector General of Medicaid
494      Services, the fraud unit, or the Department of Health and Human Services, to discover
495      Medicaid fraud, waste, or abuse;
496  (61) information provided to the Department of Health and Human Services or the Division
497      of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
498      58-68-304(3) and (4);
499  (62) a record described in Section 63G-12-210;
500  (63) captured plate data that is obtained through an automatic license plate reader system
501      used by a governmental entity as authorized in Section 41-6a-2003;
502  (64) an audio or video recording created by a body-worn camera, as that term is defined in
503      Section 77-7a-103, that records sound or images inside a hospital or health care facility
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504as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
505as that term is defined in Section 78B-3-403, or inside a human service program as that
506term is defined in Section 26B-2-101, except for recordings that:
507(a) depict the commission of an alleged crime;
508(b) record any encounter between a law enforcement officer and a person that results in
509death or bodily injury, or includes an instance when an officer fires a weapon;
510(c) record any encounter that is the subject of a complaint or a legal proceeding against a
511law enforcement officer or law enforcement agency;
512(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
513or
514(e) have been requested for reclassification as a public record by a subject or authorized
515agent of a subject featured in the recording;
516   (65) a record pertaining to the search process for a president of an institution of higher
517education described in Section 53H-3-302;
518   (66) an audio recording that is:
519(a) produced by an audio recording device that is used in conjunction with a device or
520piece of equipment designed or intended for resuscitating an individual or for treating
521an individual with a life-threatening condition;
522(b) produced during an emergency event when an individual employed to provide law
523enforcement, fire protection, paramedic, emergency medical, or other first responder
524service:
525(i) is responding to an individual needing resuscitation or with a life-threatening
526condition; and
527(ii) uses a device or piece of equipment designed or intended for resuscitating an
528individual or for treating an individual with a life-threatening condition; and
529(c) intended and used for purposes of training emergency responders how to improve
530their response to an emergency situation;
531   (67) records submitted by or prepared in relation to an applicant seeking a recommendation
532by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
533Legislative Audit Subcommittee, established under Section 36-12-8, for an employment
534position with the Legislature;
535   (68) work papers as defined in Section 31A-2-204;
536   (69) a record made available to Adult Protective Services or a law enforcement agency
537under Section 61-1-206;
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538  (70) a record submitted to the Insurance Department in accordance with Section
539      31A-37-201;
540  (71) a record described in Section 31A-37-503;
541  (72) any record created by the Division of Professional Licensing as a result of Subsection
542      58-37f-304(5) or 58-37f-702(2)(a)(ii);
543  (73) a record described in Section 72-16-306 that relates to the reporting of an injury
544      involving an amusement ride;
545  (74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
546      political petition, or on a request to withdraw a signature from a political petition,
547      including a petition or request described in the following titles:
548      (a) Title 10, Utah Municipal Code;
549      (b) Title 17, Counties;
550      (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
551      (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
552      (e) Title 20A, Election Code;
553  (75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
554      voter registration record;
555  (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
556      described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
557      political subdivision collected or held under, or in relation to, Title 20A, Election Code;
558  (77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
559      Victims Guidelines for Prosecutors Act;
560  (78) a record submitted to the Insurance Department under Section 31A-48-103;
561  (79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
562      prohibited under Section 63G-26-103;
563  (80) an image taken of an individual during the process of booking the individual into jail,
564      unless:
565      (a) the individual is convicted of a criminal offense based upon the conduct for which
566the individual was incarcerated at the time the image was taken;
567      (b) a law enforcement agency releases or disseminates the image:
568(i) after determining that the individual is a fugitive or an imminent threat to an
569individual or to public safety and releasing or disseminating the image will assist
570in apprehending the individual or reducing or eliminating the threat; or
571(ii) to a potential witness or other individual with direct knowledge of events relevant
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572to a criminal investigation or criminal proceeding for the purpose of identifying or
573locating an individual in connection with the criminal investigation or criminal
574proceeding;
575(c) a judge orders the release or dissemination of the image based on a finding that the
576release or dissemination is in furtherance of a legitimate law enforcement interest; or
577(d) the image is displayed to a person who is permitted to view the image under Section
57817-72-802;
579   (81) a record:
580(a) concerning an interstate claim to the use of waters in the Colorado River system;
581(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
582representative from another state or the federal government as provided in Section
58363M-14-205; and
584(c) the disclosure of which would:
585(i) reveal a legal strategy relating to the state's claim to the use of the water in the
586Colorado River system;
587(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
588negotiate the best terms and conditions regarding the use of water in the Colorado
589River system; or
590(iii) give an advantage to another state or to the federal government in negotiations
591regarding the use of water in the Colorado River system;
592   (82) any part of an application described in Section 63N-16-201 that the Governor's Office
593of Economic Opportunity determines is nonpublic, confidential information that if
594disclosed would result in actual economic harm to the applicant, but this Subsection (82)
595may not be used to restrict access to a record evidencing a final contract or approval
596decision;
597   (83) the following records of a drinking water or wastewater facility:
598(a) an engineering or architectural drawing of the drinking water or wastewater facility;[
599and]
600(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
601drinking water or wastewater facility uses to secure, or prohibit access to, the records
602described in Subsection (83)(a); and
603(c) any record related to an emergency response plan or incident report described in
604Section 19-4-117;
605   (84) a statement that an employee of a governmental entity provides to the governmental
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606      entity as part of the governmental entity's personnel or administrative investigation into
607      potential misconduct involving the employee if the governmental entity:
608      (a) requires the statement under threat of employment disciplinary action, including
609possible termination of employment, for the employee's refusal to provide the
610statement; and
611      (b) provides the employee assurance that the statement cannot be used against the
612employee in any criminal proceeding;
613  (85) any part of an application for a Utah Fits All Scholarship account described in Section
614      53F-6-402 or other information identifying a scholarship student as defined in Section
615      53F-6-401;
616  (86) a record:
617      (a) concerning a claim to the use of waters in the Great Salt Lake;
618      (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
619person concerning the claim, including a representative from another state or the
620federal government; and
621      (c) the disclosure of which would:
622(i) reveal a legal strategy relating to the state's claim to the use of the water in the
623Great Salt Lake;
624(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
625and conditions regarding the use of water in the Great Salt Lake; or
626(iii) give an advantage to another person including another state or to the federal
627government in negotiations regarding the use of water in the Great Salt Lake;
628  (87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
629      reclassified as public as described in Subsection 13-2-11(4);
630  (88) a record of the Utah water agent, appointed under Section 73-10g-702:
631      (a) concerning a claim to the use of waters;
632      (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
633representative from another state, a tribe, the federal government, or other
634government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;
635and
636      (c) the disclosure of which would:
637(i) reveal a legal strategy relating to the state's claim to the use of the water;
638(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
639regarding the use of water; or
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640(iii) give an advantage to another state, a tribe, the federal government, or other
641government entity in negotiations regarding the use of water; and
642   (89) a record created or maintained for an investigation of the Prosecutor Conduct
643Commission, created in Section 63M-7-1102, that contains any personal identifying
644information of a prosecuting attorney, including:
645(a) a complaint, or a document that is submitted or created for a complaint, received by
646the Prosecutor Conduct Commission; or
647(b) a finding by the Prosecutor Conduct Commission.
648Section 4. Effective Date.
649   This bill takes effect on May 6, 2026.
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