Representative Gage Froerer proposes the following substitute bill:


1     
WATER CONSERVATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to water conservation plans.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the required contents of a water conservation plan; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          73-10-32, as last amended by Laws of Utah 2007, Chapter 329
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 73-10-32 is amended to read:
24          73-10-32. Definitions -- Water conservation plan required.
25          (1) As used in this section:
26          (a) "Board" means the Board of Water Resources created under Section 73-10-1.5.
27          (b) "Division" means the Division of Water Resources created under Section 73-10-18.
28          (c) "Retail" means the level of distribution of culinary water that supplies culinary
29     water directly to the end user.
30          (d) "Retail water provider" means an entity which:
31          (i) supplies culinary water to end users; and
32          (ii) has more than 500 service connections.
33          (e) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
34     Part 10, Water Conservancy District Act.
35          (f) "Water conservation plan" means a written document that contains existing and
36     proposed water conservation measures describing what will be done by retail water providers,
37     water conservancy districts, and the end user of culinary water to help conserve water and limit
38     or reduce its use in the state in terms of per capita consumption so that adequate supplies of
39     water are available for future needs.
40          (2) (a) Each water conservancy district and each retail water provider shall ensure that
41     each water conservation plan [shall contain] contains:
42          (i) (A) [a] clearly stated overall water use reduction [goal and] goals for residential,
43     commercial, and industrial uses;
44          (B) water conservation measures for residential, commercial, and industrial uses,
45     including landscaping; and
46          (C) an implementation plan for each of the water conservation measures it chooses to
47     use, including a timeline for action and an evaluation process to measure progress;
48          (ii) a requirement that each water conservancy district and retail water provider devote
49     part of at least one regular meeting every five years of its governing body to a discussion and
50     formal adoption of the water conservation plan, and allow public comment on it;
51          (iii) a requirement that a notification procedure be implemented that includes the
52     delivery of the water conservation plan to the media and to the governing body of each
53     municipality and county served by the water conservancy district or retail water provider; [and]
54          (iv) a copy of the minutes of the meeting and the notification procedure required in
55     Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the plan[.]; and
56          [(b) A water conservation plan may include]
57          (v) except as provided in Subsection (2)(c), information regarding:
58          [(i)] (A) the installation and use of water efficient fixtures and appliances, including
59     toilets, shower fixtures, and faucets;
60          [(ii)] (B) residential and commercial landscapes and irrigation that require less water to
61     maintain;
62          [(iii)] (C) more water efficient industrial and commercial processes involving the use
63     of water;
64          [(iv)] (D) water reuse systems, both potable and not potable;
65          [(v)] (E) distribution system leak repair;
66          [(vi)] (F) dissemination of public information regarding more efficient use of water,
67     including public education programs, customer water use audits, and water saving
68     demonstrations;
69          [(vii)] (G) water rate structures designed to encourage more efficient use of water;
70          [(viii) ] (H) existing or potential statutes, ordinances, codes, or regulations designed to
71     encourage more efficient use of water by means such as water efficient fixtures and water
72     efficient landscapes, including restrictions on grass landscaping;
73          [(ix)] (I) incentives to implement water efficient techniques, including rebates to water
74     users to encourage the implementation of more water efficient measures; and
75          [(x)] (J) other measures designed to conserve water.
76          [(c)] (b) The Division of Water Resources may be contacted for information and
77     technical resources regarding measures listed in [Subsections (2)(b)(i) through (2)(b)(x)]
78     Subsection (2)(a)(v).
79          (c) The requirements described in Subsections (2)(a)(v)(B) through (D) and
80     Subsections (2)(a)(v)(G) through (I) do not apply to a water conservancy district.
81          (3) (a) Before April 1, 1999, each water conservancy district and each retail water
82     provider shall:
83          (i) (A) prepare and adopt a water conservation plan if one has not already been
84     adopted; or
85          (B) if the district or provider has already adopted a water conservation plan, review the
86     existing water conservation plan to determine if it should be amended and, if so, amend the
87     water conservation plan; and
88          (ii) file a copy of the water conservation plan or amended water conservation plan with
89     the division.
90          (b) Before adopting or amending a water conservation plan, each water conservancy
91     district or retail water provider shall hold a public hearing with reasonable, advance public
92     notice.
93          (4) (a) The board shall:
94          (i) provide guidelines and technical resources to retail water providers and water
95     conservancy districts to prepare and implement water conservation plans;
96          (ii) investigate alternative measures designed to conserve water; and
97          (iii) report regarding its compliance with the act and impressions of the overall quality
98     of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
99     Committee of the Legislature at its meeting in November 2004.
100          (b) The board shall publish an annual report in a paper of state-wide distribution
101     specifying the retail water providers and water conservancy districts that do not have a current
102     water conservation plan on file with the board at the end of the calendar year.
103          (5) A water conservancy district or retail water provider may only receive state funds
104     for water development if they comply with the requirements of this act.
105          (6) Each water conservancy district and retail water provider specified under
106     Subsection (3)(a) shall:
107          (a) update its water conservation plan no less frequently than every five years; and
108          (b) follow the procedures required under Subsection (3) when updating the water
109     conservation plan.
110          (7) It is the intent of the Legislature that the water conservation plans, amendments to
111     existing water conservation plans, and the studies and report by the board be handled within the
112     existing budgets of the respective entities or agencies.