1     
SECONDARY WATER REQUIREMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: Carl R. Albrecht

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the metering of pressurized secondary water.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals outdated language;
13          ▸     enacts exemptions;
14          ▸     addresses scope of sections; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          73-10-34, as enacted by Laws of Utah 2019, Chapter 449
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 73-10-34 is amended to read:
26          73-10-34. Secondary water metering.
27          (1) As used in this section:
28          (a) (i) "Commercial user" means a secondary water user that is a place of business.
29          (ii) "Commercial user" does not include a multi-family residence, an agricultural user,
30     or a customer that falls within the industrial or institutional classification.
31          (b) (i) "Industrial user" means a secondary water user that manufactures or produces
32     materials.
33          (ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a
34     mining company.
35          (c) (i) "Institutional user" means a secondary water user that is dedicated to public
36     service, regardless of ownership.
37          (ii) "Institutional user" includes a school, church, hospital, park, golf course, and
38     government facility.
39          (d) (i) "Residential user" means a secondary water user in a residence.
40          (ii) "Residential user" includes a single-family or multi-family home, apartment,
41     duplex, twin home, condominium, or planned community.
42          (e) "Secondary water" means water that is:
43          (i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5,
44     Farmland Assessment Act; and
45          (ii) delivered to and used by an end consumer for the irrigation of landscaping or a
46     garden.
47          (f) "Secondary water supplier" means an entity that supplies pressurized secondary
48     water.
49          (2) A secondary water supplier that begins design work for new service on or after
50     April 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use
51     of pressurized secondary water by the users receiving that new service.
52          [(3) (a) A secondary water provider that provides pressurized secondary water to a
53     commercial, industrial, institutional, or residential user shall develop a plan for metering the
54     use of the pressurized water in accordance with this Subsection (3).]
55          [(b) The plan required by this Subsection (3) shall be filed with the Division of Water
56     Resources by no later than December 31, 2019, and address the process the secondary water
57     supplier will follow to implement metering, including:]
58          [(i) the costs of full metering by the secondary water provider;]
59          [(ii) how long it would take the secondary water provider to complete full metering,
60     including an anticipated begin date and completion date; and]
61          [(iii) how the secondary water supplier will finance metering.]
62          [(4) (a) The Department of Natural Resources shall oversee a study by the Utah Water
63     Task Force within the Department of Natural Resources of issues related to metering secondary
64     water in the state including cost, timing, the need for exemptions, resources to pay the cost of
65     metering, and any other issues the Department of Natural Resources finds relevant.]
66          [(b) The Department of Natural Resources shall report the results of the study to the
67     Natural Resources, Agriculture, and Environment Interim Committee by no later than the
68     November interim meeting of 2019.]
69          [(5)] (3) A secondary water supplier shall on or before March 31 of each year, report to
70     the Division of Water Rights:
71          (a) for commercial, industrial, institutional, and residential users whose pressurized
72     secondary water use is metered, the number of acre feet of pressurized secondary water the
73     secondary water supplier supplied to the commercial, industrial, institutional, and residential
74     users during the preceding 12-month period;
75          (b) the number of secondary water meters within the secondary water supplier's service
76     boundary;
77          (c) a description of the secondary water supplier's service boundary;
78          (d) the number of connections in each of the following categories through which the
79     secondary water supplier supplies pressurized secondary water:
80          (i) commercial;
81          (ii) industrial;
82          (iii) institutional; and
83          (iv) residential;
84          (e) the total volume of water that the secondary water supplier receives from its
85     sources; and
86          (f) the dates of service during the preceding 12-month period in which the secondary
87     water supplier supplied pressurized secondary water.
88          [(6)] (4) (a) Beginning July 1, 2019, the Board of Water Resources may make up to
89     $10,000,000 in low-interest loans available each year:
90          (i) from the Water Resources Conservation and Development Fund, created in Section
91     73-10-24; and
92          (ii) for financing the cost of secondary water metering.
93          (b) The Division of Water Resources and the Board of Water Resources shall make
94     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
95     establishing the criteria and process for receiving a loan described in this Subsection [(6)] (4),
96     except the rules may not include prepayment penalties.
97          (5) This section does not apply to a secondary water supplier to the extent that:
98          (a) the secondary water supplier supplies secondary water within a county of the third,
99     fourth, fifth, or sixth class; or
100          (b) there is no meter that a meter manufacturer will warranty because of the water
101     quality within a specific location.
102          (6) Nothing in this section affects a water right holder's obligation to measure and
103     report water usage as described in Sections 73-5-4 and 73-5-8.
104          Section 2. Effective date.
105          If approved by two-thirds of all the members elected to each house, this bill takes effect
106     upon approval by the governor, or the day following the constitutional time limit of Utah
107     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
108     the date of veto override.