1     
RETAIL WATER LINE DISCLOSURE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Stephen G. Handy

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to service of culinary water.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms; and
13          ▸     requires each public provider of culinary water to provide certain disclosures related
14     to liability for the repair or replacement of a retail water line.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          11-8-4, as enacted by Laws of Utah 2016, Chapter 283
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 11-8-4 is amended to read:
25     
CHAPTER 8. SEWAGE AND CULINARY WATER SYSTEMS

26          11-8-4. Sewer lateral disclosure required.
27          (1) As used in this section:
28          (a) "Public owner" means the same as that term is defined in Section 11-8-1.
29          (b) "Public provider" means a public owner or a public retail water provider.
30          (c) "Public retail water provider" means a public entity that provides culinary water to
31     end users.
32          (d) "Retail water line" means a pipe that connects a property to a public retail water
33     provider's water main line.
34          [(b)] (e) "Sanitary sewer service" means service provided by a public owner's sanitary
35     sewer facilities.
36          [(c)] (f) "Sewer lateral" means a pipe that connects a property to a public owner's
37     sanitary sewer main line.
38          (2) (a) Each calendar year, a public [owner] provider shall, in accordance with
39     Subsection (2)(b), distribute a disclosure that:
40          (i) (A) for a public owner, includes the definition of a sewer lateral; [and] or
41          (B) for a public retail water provider, includes the definition of a retail water line; and
42          (ii) states whether the record owner of the property or the public [owner] provider is
43     responsible for repair and replacement of the sewer lateral or retail water line that serves [a] the
44     property.
45          (b) A public [owner] provider may distribute the disclosure described in Subsection
46     (2)(a) by:
47          (i) once each calendar year conspicuously placing the disclosure:
48          (A) on each bill for sanitary sewer service or culinary water service in a particular
49     billing cycle; or
50          (B) in a newsletter that is circulated within the boundaries of the area served by the
51     public [owner] provider;
52          (ii) conspicuously placing the disclosure on the public [owner's] provider's website;
53          (iii) including the disclosure in a broad based social media campaign; or
54          (iv) any other means reasonably calculated to make the disclosure available to
55     individuals served by the public [owner] provider.
56          (c) A public [owner's] provider's failure to comply with a provision of this Subsection
57     (2) does not result in any liability for the public [owner] provider based on the public [owner's]
58     provider's failure to comply.




Legislative Review Note
Office of Legislative Research and General Counsel