Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 52 Fifth Substitute (2019GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/28/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a secondary water supplier to report certain information to the Division of Water Rights each year;
• requires a secondary water provider:
• that begins providing new secondary water services to certain users on or after July 1, 2019, to meter the use of water;
• to meter the use of all of the secondary water provider's commercial, industrial, institutional, and residential users by 2030;
• to develop and submit to the Division of Water Rights a strategy for meeting the 2030 metering requirement; and
• to provide educational material to certain users;
• authorizes the Division of Water Rights to make, in conjuction with the Division of Water Resources, rules regarding the requirements of and the procedure for submitting a required report or strategy;
• requires a secondary water supplier to finance at least 50% of the total cost to meet secondary water metering requirements through means other than those provided for in this bill;
• requires the Board of Water Resources to make $10,000,000 in loans available each year for the financing of secondary water metering;
• authorizes the Board of Water Resources and the Division of Water Resources to make rules regarding loans for financing secondary water metering;
• creates the Secondary Water Metering Restricted Account (account);
• requires the Division of Water Resources to make grants from the account to assist secondary water suppliers finance metering the use of secondary water; and

Every vote on this bill

Bill text

SECONDARY WATER METERING REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the metering of pressurized secondary water.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a secondary water supplier to report certain information to the Division of
Water Rights each year;
▸ requires a secondary water provider:
• that begins providing new secondary water services to certain users on or after
July 1, 2019, to meter the use of water;
• to meter the use of all of the secondary water provider's commercial, industrial,
institutional, and residential users by 2030;
• to develop and submit to the Division of Water Rights a strategy for meeting the
2030 metering requirement; and
• to provide educational material to certain users;
▸ authorizes the Division of Water Rights to make, in conjuction with the Division of
Water Resources, rules regarding the requirements of and the procedure for
submitting a required report or strategy;
▸ requires a secondary water supplier to finance at least 50% of the total cost to meet
secondary water metering requirements through means other than those provided for
in this bill;
▸ requires the Board of Water Resources to make $10,000,000 in loans available each
year for the financing of secondary water metering;
▸ authorizes the Board of Water Resources and the Division of Water Resources to
make rules regarding loans for financing secondary water metering;
▸ creates the Secondary Water Metering Restricted Account (account);
▸ requires the Division of Water Resources to make grants from the account to assist
secondary water suppliers finance metering the use of secondary water; and
▸ authorizes the Division of Water Resources to make rules for the administration of
the account.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
73-10-34
, Utah Code Annotated 1953
73-10-35
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10-34
 is enacted to read:
 73-10-34.
Secondary water metering.
(1) As used in this section:
(a) "Board" means the Board of Water Resources created in Section 
73-10-1.5
.
(b) (i) "Commercial user" means a secondary water user that is a place of business.
(ii) "Commercial user" does not include a multi-family residence, an agricultural user,
or a customer that falls within the industrial or institutional classification.
(c) "Connection" means a connection between a pressurized secondary water supply
system and a user.
(d) (i) "Industrial user" means a secondary water user that manufactures or produces
materials.
(ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a
mining company.
(e) (i) "Institutional user" means a secondary water user that is dedicated to public
service, regardless of ownership.
(ii) "Institutional user" includes a school, church, hospital, park, golf course, and
government facility.
(f) (i) "Residential user" means a secondary water user in a residence.
(ii) "Residential user" includes a single-family or multi-family home, apartment,
duplex, twin home, condominium, or planned community.
(g) "Secondary water" means water that is:
(i) not culinary or agricultural water; and
(ii) delivered to and used by an end consumer for the irrigation of landscaping or a
garden.
(h) "Secondary water supplier" means an entity that supplies pressurized secondary
water.
(2) A secondary water supplier that begins providing new service on or after July 1,
2019, to a commercial, industrial, institutional, or residential user shall meter the use of
pressurized secondary water by the user receiving new service.
(3) (a) Each secondary water supplier that supplies pressurized secondary water to a
commercial, industrial, institutional, or residential user shall meter the use of the pressurized
secondary water by 2030.
(b) Each secondary water supplier shall finance at least 50% of the supplier's total cost
to comply with this Subsection (3) without the use of:
(i) a loan described in Subsection (6); or
(ii) a grant described in Section 
73-10-35
.
(4) A secondary water supplier shall:
(a) on or before March 31 of each year, report to the Division of Water Rights:
(i) for commercial, industrial, institutional, and residential users whose pressurized
secondary water use is metered, the number of acre feet of pressurized secondary water the
secondary water supplier supplied to the commercial, industrial, institutional, and residential
users during the preceding 12-month period;
(ii) the number of secondary water meters within the secondary water supplier's service
boundary;
(iii) a description of the secondary water supplier's service boundary;
(iv) the number of connections in each of the following categories through which the
secondary water supplier supplies pressurized secondary water:
(A) commercial;
(B) industrial;
(C) institutional; and
(D) residential;
(v) for each size of connection, the number of connections in that size through which
the secondary water supplier supplies pressurized secondary water; and
(vi) the dates of service during the preceding 12-month period in which the secondary
water supplier supplied pressurized secondary water;
(b) on or before March 31, 2020, develop and submit to the Division of Water Rights
the secondary water supplier's strategy to comply with the metering requirement described in
Subsection (3); and
(c) each month that the secondary water supplier provides service, provide each of the
secondary water supplier's metered commercial, industrial, institutional, and residential users
with educational material regarding the user's pressurized secondary water use that shall
include:
(i) the user's pressurized secondary water use in relation to others in the area; and
(ii) one or more suggestions for conserving pressurized secondary water use.
(5) The Division of Water Rights in conjunction with the Division of Water Resources
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, establishing:
(a) the requirements of and the procedure for submitting a report under Subsection
(4)(a); and
(b) the requirements of and the procedure for submitting a strategy under Subsection
(4)(b).
(6) (a) Beginning July 1, 2019, and ending June 30, 2030, the board shall make
$10,000,000 in loans available each year:
(i) from the Water Conservation and Development Fund, created in Section 
73-10-24
;
and
(ii) for financing the remaining cost of secondary water metering as described in
Subsection (3).
(b) The Division of Water Resources shall ensure that:
(i) in accordance with Subsection (3), the total amount available to a secondary water
supplier through:
(A) a loan described in this Subsection (6) does not exceed 50% of the supplier's total
cost to comply with Subsection (3);
(B) a grant described in Section 
73-10-35
 does not exceed 16.5% of the supplier's total
cost to comply with Subsection (3); and
(C) a combination of a loan described in this Subsection (6) and a grant described in
Section 
73-10-35
 does not exceed 50% of the supplier's total cost to comply with Subsection
(3); and
(ii) for the purpose of determining the amount of a loan under this Subsection (6) or a
grant described in Section 
73-10-35
, the calculation of a secondary water supplier's total cost to
comply with Subsection (3) includes secondary water metering costs the secondary water
supplier:
(A) incurs in or before May 2019; or
(B) finances through a loan, bond, grant, subsidy, program, or any other means not
described in this Subsection (6) or Section 
73-10-35
.
(c) The Division of Water Resources and board shall make rules in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act establishing the criteria and
process for receiving a loan described in this Subsection (6).
(7) A commercial, industrial, institutional, or residential user may not use culinary
water for the regular irrigation of landscaping or a garden, if:
(a) the user has a connection to secondary water;
(b) the user's area is served with both culinary and secondary water; and
(c) the user's secondary water rates exceed the user's culinary water rates.
Section 2. Section 
73-10-35
 is enacted to read:
 73-10-35.
 Creation of Secondary Water Metering Restricted Account --
Awarding of grants from the restricted account.
(1) There is created with the General Fund a restricted account known as the Secondary
Water Metering Restricted Account.
(2) The restricted account consists of:
(a) any voluntary contributions received;
(b) appropriations the Legislature makes to the restricted account; and
(c) interest accrued pursuant to Subsection (3)(b).
(3) The state treasurer shall:
(a) invest the money in the restricted account by following the procedures and
requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from those investments into the
restricted account.
(4) Upon appropriation from the Legislature, the Division of Water Resources shall
make grants from the Secondary Water Metering Restricted Account:
(a) to assist secondary water suppliers, as defined in Section 
73-10-34
, comply with
Subsection 
73-10-34
(3);
(b) beginning July 1, 2019, and ending June 30, 2030, in the total amount of up to
$5,000,000 each year; and
(c) in accordance with Subsection 
73-10-34
(6)(b).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Division of Water Resources shall make rules establishing:
(a) criteria for awarding grants under this section; and
(b) criteria for determining eligibility for assistance under this section.