Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 51 Second Substitute (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals outdated language;
• enacts exemptions;
• addresses scope of sections; and
• makes technical changes.

Every vote on this bill

Bill text

SECONDARY WATER REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Carl R. Albrecht
LONG TITLE
General Description:
This bill addresses the metering of pressurized secondary water.
Highlighted Provisions:
This bill:
▸ repeals outdated language;
▸ enacts exemptions;
▸ addresses scope of sections; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
73-10-34
, as enacted by Laws of Utah 2019, Chapter 449
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10-34
 is amended to read:
73-10-34.
Secondary water metering.
(1) As used in this section:
(a) (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.
(b) (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.
(c) (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.
(d) (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.
(e) "Secondary water" means water that is:
(i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5,
Farmland Assessment Act; and
(ii) delivered to and used by an end consumer for the irrigation of landscaping or a
garden.
(f) "Secondary water supplier" means an entity that supplies pressurized secondary
water.
(2) A secondary water supplier that begins design work for new service on or after
April 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use
of pressurized secondary water by the users receiving that new service.
[
(3) (a) A secondary water provider that provides pressurized secondary water to a
commercial, industrial, institutional, or residential user shall develop a plan for metering the
use of the pressurized water in accordance with this Subsection (3).
]
[
(b) The plan required by this Subsection (3) shall be filed with the Division of Water
Resources by no later than December 31, 2019, and address the process the secondary water
supplier will follow to implement metering, including:
]
[
(i) the costs of full metering by the secondary water provider;
]
[
(ii) how long it would take the secondary water provider to complete full metering,
including an anticipated begin date and completion date; and
]
[
(iii) how the secondary water supplier will finance metering.
]
[
(4) (a) The Department of Natural Resources shall oversee a study by the Utah Water
Task Force within the Department of Natural Resources of issues related to metering secondary
water in the state including cost, timing, the need for exemptions, resources to pay the cost of
metering, and any other issues the Department of Natural Resources finds relevant.
]
[
(b) The Department of Natural Resources shall report the results of the study to the
Natural Resources, Agriculture, and Environment Interim Committee by no later than the
November interim meeting of 2019.
]
[
(5)
] 
(3)
 A secondary water supplier shall on or before March 31 of each year, report to
the Division of Water Rights:
(a) 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;
(b) the number of secondary water meters within the secondary water supplier's service
boundary;
(c) a description of the secondary water supplier's service boundary;
(d) the number of connections in each of the following categories through which the
secondary water supplier supplies pressurized secondary water:
(i) commercial;
(ii) industrial;
(iii) institutional; and
(iv) residential;
(e) the total volume of water that the secondary water supplier receives from its
sources; and
(f) the dates of service during the preceding 12-month period in which the secondary
water supplier supplied pressurized secondary water.
[
(6)
] 
(4)
 (a) Beginning July 1, 2019, the Board of Water Resources may make up to
$10,000,000 in low-interest loans available each year:
(i) from the Water Resources Conservation and Development Fund, created in Section
73-10-24
; and
(ii) for financing the cost of secondary water metering.
(b) The Division of Water Resources and the Board of Water Resources 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)
] 
(4)
,
except the rules may not include prepayment penalties.
(5) This section does not apply to a secondary water supplier to the extent that:
(a) the secondary water supplier supplies secondary water within a county of the third,
fourth, fifth, or sixth class; or
(b) there is no meter that a meter manufacturer will warranty because of the water
quality within a specific location.
(6) Nothing in this section affects a water right holder's obligation to measure and
report water usage as described in Sections 
73-5-4
 and 
73-5-8
.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.