This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 3, 2022 at 9:19 AM by lpoole.
1     
WATER AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Timothy D. Hawkes

6     

7     LONG TITLE
8     General Description:
9          This bill addresses information related to water including water conservation.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to a water conservation plan, including provisions:
13               •     defining terms;
14               •     requiring goals for water conservation to be set;
15               •     addressing adopting, amending, submitting, or posting a water conservation
16     plan;
17               •     requiring rate structures to be submitted under certain circumstances; and
18               •     addressing division powers, including rulemaking;
19          ▸     modifies provision related to culinary water pricing structure; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          73-10-32, as last amended by Laws of Utah 2007, Chapter 329
28          73-10-32.5, as enacted by Laws of Utah 2016, Chapter 282
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 73-10-32 is amended to read:
32          73-10-32. Definitions -- Water conservation plan required.
33          (1) As used in this section:
34          [(a) "Board" means the Board of Water Resources created under Section 73-10-1.5.]
35          [(b)] (a) "Division" means the Division of Water Resources created under Section
36     73-10-18.
37          [(c) "Retail" means the level of distribution of culinary water that supplies culinary
38     water directly to the end user.]
39          [(d) "Retail water provider" means an entity which:]
40          [(i) supplies culinary water to end users; and]
41          [(ii) has more than 500 service connections.]
42          [(e)] (b) "Water conservancy district" means an entity formed under Title 17B, Chapter
43     2a, Part 10, Water Conservancy District Act.
44          [(f)] (c) "Water conservation plan" means a written document that contains existing
45     and proposed water conservation measures describing what will be done by [retail water
46     providers, water conservancy districts] a water provider, and the end user of culinary water to
47     help conserve water [and limit or reduce its use] in the state in terms of per capita
48     [consumption] use of water provided through culinary water infrastructure owned or operated
49     by the water provider so that adequate supplies of water are available for future needs.
50          (d) "Water provider" means:
51          (i) a retail water supplier, as defined in Section 19-4-102; or
52          (ii) a water conservancy district.
53          (2) (a) [Each] A water conservation plan shall contain:
54          (i) (A) a clearly stated overall water use reduction goal that is consistent with
55     Subsection (2)(d); and
56          (B) an implementation plan for each [of the] water conservation [measures it] measure
57     a water provider chooses to use, including a timeline for action and an evaluation process to
58     measure progress;
59          [(ii) a requirement that each water conservancy district and retail water provider devote
60     part of at least one regular meeting every five years of its governing body to a discussion and
61     formal adoption of the water conservation plan, and allow public comment on it;]
62          [(iii)] (ii) a requirement that a notification procedure be implemented that includes the
63     delivery of the water conservation plan to the media and to the governing body of each
64     municipality and county served by the [water conservancy district or retail] water provider;
65     [and]
66          [(iv)] (iii) a copy of the minutes of the meeting regarding a water conservation plan and
67     the notification procedure required in [Subsections (2)(a)(ii) and (iii) which] Subsection
68     (2)(a)(ii) that shall be added as an appendix to the water conservation plan[.]; and
69          (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water
70     supplier's rate structure that is:
71          (A) adopted by the retail water supplier's governing body in accordance with Section
72     73-10-32.5; and
73          (B) current as of the day the retail water supplier files a water conservation plan.
74          (b) A water conservation plan may include information regarding:
75          (i) the installation and use of water efficient fixtures and appliances, including toilets,
76     shower fixtures, and faucets;
77          (ii) residential and commercial landscapes and irrigation that require less water to
78     maintain;
79          (iii) more water efficient industrial and commercial processes involving the use of
80     water;
81          (iv) water reuse systems, both potable and not potable;
82          (v) distribution system leak repair;
83          (vi) dissemination of public information regarding more efficient use of water,
84     including public education programs, customer water use audits, and water saving
85     demonstrations;
86          (vii) water rate structures designed to encourage more efficient use of water;
87          (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
88     use of water by means such as water efficient fixtures and landscapes;
89          (ix) incentives to implement water efficient techniques, including rebates to water
90     users to encourage the implementation of more water efficient measures; and
91          (x) other measures designed to conserve water.
92          (c) The [Division of Water Resources] division may be contacted for information and
93     technical resources regarding measures listed in [Subsections (2)(b)(i) through (2)(b)(x)]
94     Subsection (2)(b).
95          (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
96     Utah Administrative Rulemaking Act, regional water conservation goals that:
97          (A) are developed by the division;
98          (B) are reevaluated by December 31, 2030, and every 10 years after December 31,
99     2030; and
100          (C) define what constitutes "water being conserved" under a water conservation goal
101     after considering factors such as depletion, diversion, use, consumption, or return flows.
102          (ii) As part of a water conservation plan, a water provider shall adopt Ŝ→ one of the
102a     following ←Ŝ :
103          (A) the regional water conservation goal applicable to the water provider;
104          (B) a water conservation goal that would result in more water being conserved than
105     would be conserved under the regional water conservation goal; or
106          (C) a water conservation goal that would result in less water being conserved than
107     would be conserved under the regional water conservation goal with a reasonable justification
108     as to why the different water conservation goal is adopted and an explanation of the factors
109     supporting the reasonable justification, such as demographics, geography, lot sizes, make up of
110     water service classes, or availability of secondary water.
111          (3) (a) [Before April 1, 1999, each water conservancy district and each retail] A water
112     provider shall:
113          (i) [(A)] prepare and adopt a water conservation plan [if one has not already been
114     adopted; or]; and
115          [(B) if the district or provider has already adopted a water conservation plan, review
116     the existing water conservation plan to determine if it should be amended and, if so, amend the
117     water conservation plan; and]
118          (ii) file a copy of the water conservation plan [or amended water conservation plan]
119     with the division.
120          (b) (i) Before adopting or amending a water conservation plan, [each water
121     conservancy district or retail] a water provider shall hold a public hearing with reasonable,
122     advance public notice in accordance with this Subsection (3)(b).
123          (ii) The water provider shall provide public notice at least 14 days before the date of
124     the public hearing.
125          (iii) A water provider meets the requirements of reasonable notice required by this
126     Subsection (3)(b) if the water provider posts notice of the public hearing in at least three public
127     places within the service area of the water provider and:
128          (A) if the water provider is a public entity, posts notice on the Utah Public Notice
129     Website, created in Section 63A-16-601; or
130          (B) if the water provider is a private entity and has a public website, posts notice on the
131     water provider's public website.
132          (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
133     evidence that notice was properly given.
134          (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30
135     days from the date of the public hearing for which the notice was given, the notice is
136     considered adequate and proper.
137          (c) A water provider shall:
138          (i) post the water provider's water conservation plan on a public website; or
139          (ii) if the water provider does not have a public website, make the water provider's
140     water conservation plan publically available for inspection upon request.
141          (4) (a) The [board] division shall:
142          (i) provide guidelines and technical resources to [retail water providers and water
143     conservancy districts to] help water providers prepare and implement water conservation plans;
144          (ii) [investigate alternative measures designed to conserve water] assist water providers
145     by identifying water conservation methods upon request; and
146          [(iii) report regarding its compliance with the act and impressions of the overall quality
147     of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
148     Committee of the Legislature at its meeting in November 2004.]
149          (iii) provide an online submission form that allows for an electronic copy of the water
150     conservation plan to be filed with the division under Subsection (3)(a)(ii).
151          (b) The [board] division shall [publish] post an annual report [in a paper of state-wide
152     distribution specifying the retail water providers and water conservancy districts that do not
153     have a current water conservation plan on file with the board] at the end of [the] a calendar year
154     listing water providers in compliance with this section.
155          (5) A [water conservancy district or retail] water provider may only receive state funds
156     for water development if [they comply] the water provider complies with the requirements of
157     this [act] section.
158          (6) [Each water conservancy district and retail] A water provider specified under
159     Subsection (3)(a) shall:
160          (a) update [its] the water provider's water conservation plan no less frequently than
161     every five years; and
162          (b) follow the procedures required under Subsection (3) when updating the water
163     conservation plan.
164          (7) It is the intent of the Legislature that the water conservation plans, amendments to
165     existing water conservation plans, and the studies and report by the [board] division be handled
166     within the existing budgets of the respective entities or agencies.
167          Section 2. Section 73-10-32.5 is amended to read:
168          73-10-32.5. Culinary water pricing structure.
169          (1) As used in this section, "retail water supplier" means the same as that term is
170     defined in Section 19-4-102.
171          (2) A retail water [provider, as defined in Section 73-10-32,] supplier shall:
172          [(1)] (a) establish a culinary water rate structure that:
173          [(a)] (i) incorporates increasing block units of water used; and
174          [(b)] (ii) provides for an increase in the rate charged for additional block units of water
175     used as usage increases from one block unit to the next;
176          [(2)] (b) provide in customer billing notices, or in a notice that is distributed to
177     customers at least annually, block unit rates and the customer's billing cycle; and
178          [(3)] (c) include individual customer water usage in customer billing notices.