Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 251 Third Substitute (2016GS)

Sponsor

Sen. Adams, J. S.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Board of Water Resources and the Division of Water Resources, in conjunction with the State Water Development Commission, when making rules regarding the funding of a water infrastructure project, to:
• establish criteria for better water data and data reporting;
• establish new conservation targets;
• institute a process for the independent verification of water data and a proposed project;
• invite public comment; and
• set appropriate financing and repayment terms;
• requires a report, no later than October 30, 2016, to the Natural Resources, Agriculture, and Environment Interim Committee and the Legislative Management Committee; and
• makes technical changes.

Every vote on this bill

Bill text

WATER INFRASTRUCTURE FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the duties of the Board of Water Resources, the Division of Water
Resources, and the State Water Development Commission. 
Highlighted Provisions:
This bill:
▸ requires the Board of Water Resources and the Division of Water Resources, in
conjunction with the State Water Development Commission, when making rules
regarding the funding of a water infrastructure project, to:
• establish criteria for better water data and data reporting;
• establish new conservation targets;
• institute a process for the independent verification of water data and a proposed
project;
• invite public comment; and
• set appropriate financing and repayment terms;
▸ requires a report, no later than October 30, 2016, to the Natural Resources,
Agriculture, and Environment Interim Committee and the Legislative Management
Committee; and
▸ makes technical changes. 
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2016-2017:
▸ to the Division of Water Resources, as a one-time appropriation:
• from the Water Infrastructure Restricted Account, $750,000, to fulfill the duties
described in Section 73-10g-105.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10g-104
, as enacted by Laws of Utah 2015, Chapter 458
73-10g-105
, as enacted by Laws of Utah 2015, Chapter 458
73-27-103
, as enacted by Laws of Utah 2000, Chapter 124
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10g-104
 is amended to read:
73-10g-104.
Authorized use of the Water Infrastructure Restricted Account.
Money in the restricted account is to be used for:
(1) the development of the state's undeveloped share of the Bear and Colorado Rivers,
pursuant to existing interstate compacts governing both rivers as described in [
Title 73,
]
Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development
Act; [
and
]
(2) repair, replacement, or improvement of federal water projects for local sponsors in
the state of Utah when federal funds are not available[
.
]
; and
(3) study and development of rules, criteria, targets, processes, and plans, as described
in Subsection 
73-10g-105
(3).
Section 2. Section 
73-10g-105
 is amended to read:
73-10g-105.
Loans -- Rulemaking.
(1) The division and the board shall make rules, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act
,
 in preparation to make loans from available funds to
repair, replace, or improve underfunded federal water infrastructure projects.
(2) The rules described in Subsection (1) shall:
(a) specify the amount of money that may be loaned;
(b) specify the criteria the division and the board shall consider in prioritizing and
awarding loans;
(c) specify the minimum qualifications for an individual who, or entity that, receives a
loan, including the amount of cost-sharing to be the responsibility of the individual or entity
applying for a loan;
(d) specify the terms of the loan, including the terms of repayment; and
(e) require all applicants for a loan to apply on forms provided by the division and in a
manner required by the division.
(3) The division and the board shall, in making the rules described in Subsection (1)
and in consultation with the State Water Development Commission created in Section
73-27-102
:
(a) establish criteria for better water data and data reporting;
(b) establish new conservation targets based on the data described in Subsection (3)(a);
(c) institute a process for the independent verification of the data described in
Subsection (3)(a);
(d) establish a plan for an independent review of:
(i) the proposed construction plan for an applicant's qualifying water infrastructure
project; and
(ii) the applicant's plan to repay the loan for the construction of the proposed water
infrastructure project;
(e) invite and recommend public involvement; and
(f) set appropriate financing and repayment terms.
(4) (a) The division, board, and State Water Development Commission shall, no later
than October 30, 2016, report to the Natural Resources, Agriculture, and Environment Interim
Committee and Legislative Management Committee on the rules established pursuant to
Subsections (1) and (3).
(b) After October 30, 2016, the division and the board shall provide regular updates to
the Legislative Management Committee on the progress made under this section.
Section 3. Section 
73-27-103
 is amended to read:
73-27-103.
 Duties of commission.
(1)
 The commission shall consider and make recommendations to the Legislature and
governor on the following issues:
[
(1)
] 
(a)
 how the water needs of the state's growing municipal and industrial sectors
will be met;
[
(2)
] 
(b)
 what the impact of federal regulations and legislation will be on the ability of
the state to manage and develop its compacted water rights;
[
(3)
] 
(c)
 how the state will fund water projects;
[
(4)
] 
(d)
 whether the state should become an owner and operator of water projects;
[
(5)
] 
(e)
 how the state will encourage the implementation of water conservation
programs; and
[
(6)
] 
(f)
 other water issues of statewide importance.
(2) The commission shall:
(a) consult with the Division of Water Resources and the Board of Water Resources
regarding recommendations for rules, criteria, targets, processes, and plans described in
Subsection 
73-10g-105
(3); and
(b) report the recommendations described in Subsection (2)(a) to the Natural
Resources, Agriculture, and Environment Interim Committee and the Legislative Management
Committee by October 30, 2016.
Section 4. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2017.
To Department of Natural Resources, Division of Water Resources
From Water Infrastructure Restricted Account, one-time
$750,000
Schedule of Programs:
Administration $750,000
The Legislature intends that the appropriation of $750,000 to the Division of Water
Resources be used by the division, in cooperation and consultation with the Board of Water
Resources and the State Water Development Commission, in fulfilling the division's
responsibilities under Section 
73-10g-105
. Under the terms of Subsection 
63J-1-603
(3)(a), the
Legislature intends that the appropriation provided in this bill not lapse at the close of fiscal
year 2017. The use of any nonlapsing funds is limited to fulfilling the duties described in
Section 
73-10g-105
, with the Division of Water Resources and the Board of Water Resources
providing the Legislative Management Committee with regular updates on how the money is
being spent.
Legislative Review Note
Office of Legislative Research and General Counsel