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7 LONG TITLE
8 Committee Note:
9 The Legislative Water Development Commission recommended this bill.
10 Membership: 13 legislators 11 non-legislators
11 Legislative Vote: 6 voting for 2 voting against 5 absent
12 General Description:
13 This bill addresses data related to water including water losses.
14 Highlighted Provisions:
15 This bill:
16 ▸ addresses sunset provisions;
17 ▸ enacts the Water Loss Accounting Act, including:
18 • defining terms;
19 • granting rulemaking authority;
20 • providing for a technical advisory committee;
21 • requiring water loss accounting reports; and
22 • providing for technical assistance; and
23 ▸ makes technical amendments.
24 Money Appropriated in this Bill:
25 This bill appropriates in fiscal year 2021:
26 ▸ to Department of Natural Resources - Division of Water Resources, as a one-time
27 appropriation:
28 • from General Fund, $1,350,000
29 ▸ to DNR Pass-through, as a one-time appropriation:
30 • from General Fund, $150,000
31 ▸ to Department of Natural Resources - Division of Water Resources:
32 • from General Fund, as an ongoing appropriation $300,000
33 • from General Fund, one-time ($300,000)
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 63I-1-273, as last amended by Laws of Utah 2019, Chapters 96 and 246
39 ENACTS:
40 73-10h-101, Utah Code Annotated 1953
41 73-10h-102, Utah Code Annotated 1953
42 73-10h-103, Utah Code Annotated 1953
43 73-10h-104, Utah Code Annotated 1953
44 73-10h-201, Utah Code Annotated 1953
45 73-10h-202, Utah Code Annotated 1953
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47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 63I-1-273 is amended to read:
49 63I-1-273. Repeal dates, Title 73.
50 In relation to the Legislative Water Development Commission, on January 1, 2021:
51 (1) in Subsection 73-10g-105(3), the language that states "and in consultation with the
52 State Water Development Commission created in Section 73-27-102" is repealed;
53 (2) Subsection 73-10g-203(4)(a) is repealed; [
54 (3) Subsection 73-10h-201(2)(b)(ii) is repealed;
55 (4) in Subsection 73-10h-201(2)(c) the language that states "and the Legislative Water
56 Development Commission" is repealed; and
57 [
58 Section 2. Section 73-10h-101 is enacted to read:
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61 73-10h-101. Title.
62 This chapter is known as the "Water Loss Accounting Act."
63 Section 3. Section 73-10h-102 is enacted to read:
64 73-10h-102. Definitions.
65 As used in this section:
66 (1) "Covered entity" means the owner or operator of a public water system that serves a
67 population of more than 3,300 individuals.
68 (2) "Division" means the Division of Water Resources.
69 (3) "Public water system" means the same as that term is defined in Section 19-4-102.
70 (4) (a) "Water loss" means the difference between the annual volume of water entering
71 a water distribution system and the annual volume of metered water, unmetered water, or both
72 taken by registered customers, the covered entity, and others who are implicitly or explicitly
73 authorized to take water.
74 (b) "Water loss" includes:
75 (i) the annual volumes lost through leaks, breaks, and overflows on mains, service
76 reservoirs, and service connections, up to the point of customer metering;
77 (ii) unauthorized consumption;
78 (iii) metering inaccuracies; and
79 (iv) systemic data handling errors.
80 Section 4. Section 73-10h-103 is enacted to read:
81 73-10h-103. Rulemaking.
82 The division shall make the following rules in accordance with Title 63G, Chapter 3,
83 Utah Administrative Rulemaking Act, and after consultation with the technical advisory
84 committee:
85 (1) the selection of the method of conducting a water loss audit under Subsection
86 73-10h-201(1)(a)(i);
87 (2) the standards and processes for validating a water loss audit; and
88 (3) the establishment of the standards and processes for submitting a water loss
89 accounting report under Subsection 73-10h-201(1).
90 Section 5. Section 73-10h-104 is enacted to read:
91 73-10h-104. Technical advisory committee.
92 (1) The division shall establish a technical advisory committee that may include
93 representatives of nonprofit civic entities, professional organizations, covered entities, and
94 other state agencies.
95 (2) The technical advisory committee may assist or advise the division with
96 implementing this chapter.
97 Section 6. Section 73-10h-201 is enacted to read:
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99 73-10h-201. Water loss accounting reports.
100 (1) By no later than a date specified in rule in calendar year 2022, and on or before the
101 date specified in rule of each subsequent year, a covered entity shall:
102 (a) prepare a water loss accounting report that contains the following:
103 (i) a standardized water loss audit conducted in accordance with a method selected by
104 the division by rule that meets industry standards; and
105 (ii) a brief written summary of:
106 (A) actions taken during the reporting year to reduce the volume of water losses in the
107 system and to improve the data validity; and
108 (B) the actions that are planned for the subsequent reporting year;
109 (b) have the water loss audit validated in accordance with rule; and
110 (c) submit the water loss accounting report in accordance with rule.
111 (2) (a) By no later than October 31, 2022, and by October 31 of each subsequent year,
112 the division shall:
113 (i) prepare an annual summary of the validated water loss accounting reports; and
114 (ii) publish the annual summary prepared under this Subsection (2) on the division's
115 website.
116 (b) During the 2022 interim of the Legislature, the division shall report the annual
117 summary and report on compliance with this chapter by covered entities to the:
118 (i) Natural Resources, Agriculture, and Environment Interim Committee; and
119 (ii) Legislative Water Development Commission.
120 (c) During the 2024 interim of the Legislature, the division shall report to the Natural
121 Resources, Agriculture, and Environment Interim Committee and the Legislative Water
122 Development Commission about the following:
123 (i) issues related to accurately metering water supply and use, including residential use
124 of primary or secondary water;
125 (ii) operational priorities of covered entities related to implementation of this chapter;
126 (iii) an analysis of the annual summaries prepared by the division to date; and
127 (iv) any other issue the division considers relevant to the implementation of this
128 chapter.
129 (3) A covered entity may only receive money from the division if the covered entity
130 complies with this section.
131 Section 7. Section 73-10h-202 is enacted to read:
132 73-10h-202. Technical assistance -- Education programs and services.
133 (1) The division shall contract with a qualified entity that provides education programs
134 and services including subject matter experts to provide the training described in Subsection
135 (2).
136 (2) The training shall:
137 (a) instruct a covered entity on the method of conducting a water loss audit using the
138 method adopted under Subsection 73-10h-201(1)(a)(i);
139 (b) guide a covered entity in the process to determine a plan for water loss control as
140 required in the development of a summary report required under Subsection
141 73-10h-201(1)(a)(ii); and
142 (c) include the initial validation of a water loss audit required by Section 73-10h-201.
143 Section 8. Appropriation.
144 The following sums of money are appropriated for the fiscal year beginning July 1,
145 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
146 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
147 Act, the Legislature appropriates the following sums of money from the funds or accounts
148 indicated for the use and support of government of the state of Utah.
149 ITEM 1
150 To Department of Natural Resources - Division of Water Resources
151 From General Fund, one-time
$1,350,000
152 Schedule of Programs:
153 Planning program $1,350,000
154 The Legislature intends that the $1,350,000 be used as follows under the Water Loss
155 Accounting Act enacted by this bill:
156 (1) $900,000 to provide for technical assistance and education to covered entities; and
157 (2) $450,000 to develop a validation program for water loss audits including training of
158 individuals to conduct validations.
159 ITEM 2
160 To DNR Pass Through
161 From General Fund, one-time
$150,000
162 Schedule of Programs:
163 DNR Pass Through $150,000
164 The Legislature intends that the $150,000 be used to integrate information from water
165 accounting reports with existing water related reporting requirements as recommended by the
166 technical advisory committee under the Water Loss Accounting Act enacted by this bill.
167 ITEM 3
168 To Department of Natural Resources - Division of Water Resources
169 From General Fund
$300,000
170 From General Fund, one-time
($300,000)
171 Schedule of Programs:
172 Planning program $300,000
173 ($300,000)
174 The Legislature intends that the $300,000 be used to pay the ongoing expenses of the
175 Water Loss Accounting Act enacted by this bill.