Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 269 Third Substitute (2022GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires wastewater service providers or water providers to commit to adopt capital asset management plans under certain circumstances;
• requires rulemaking related to capital asset management plans;
• addresses the scope of certain provisions;
• requires participation in surveys or evaluations;
• establishes a review and report related to capital asset management; and
• makes technical changes.

Every vote on this bill

Bill text

CAPITAL ASSETS RELATED TO WATER
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill addresses management of capital assets related to water.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires wastewater service providers or water providers to commit to adopt capital
asset management plans under certain circumstances;
▸ requires rulemaking related to capital asset management plans;
▸ addresses the scope of certain provisions; 
▸ requires participation in surveys or evaluations;
▸ establishes a review and report related to capital asset management; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10c-3
, as last amended by Laws of Utah 2012, Chapter 212
ENACTS:
19-5-201
, Utah Code Annotated 1953
19-5-202
, Utah Code Annotated 1953
19-5-203
, Utah Code Annotated 1953
73-10g-401
, Utah Code Annotated 1953
73-10g-402
, Utah Code Annotated 1953
73-10g-403
, Utah Code Annotated 1953
73-10g-404
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-5-201
 is enacted to read:
Part 2. Capital Assets for Wastewater
 19-5-201.
Definitions.
As used in this part:
(1) "Capital asset" means an asset that:
(a) is a significant investment or an essential component necessary to provide a
wastewater service, including:
(i) a facility;
(ii) infrastructure, whether above or below ground level;
(iii) equipment; or
(iv) a communications network; and
(b) is owned by a wastewater service provider.
(2) "Governing body" means a political subdivision governing body defined in Section
63A-15-102
.
(3) "Large underground wastewater disposal system" is as defined by rule made by the
board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) "Wastewater service provider" means a political subdivision of the state that owns,
operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or
large underground wastewater disposal system for the collection, storage, treatment, or disposal
of domestic waste.
Section 2. Section 
19-5-202
 is enacted to read:
 19-5-202.
Capital asset management.
(1) As a condition of receiving state or federal financing or grants to be used for an
improvement to a capital asset related to wastewater or sewer infrastructure, the governing
body of a wastewater service provider shall commit to adopt a capital asset management plan.
(2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish the elements of a capital asset management plan
required by Subsection (1).
Section 3. Section 
19-5-203
 is enacted to read:
 19-5-203.
Participation in survey.
A wastewater service provider shall participate in the United States Environmental
Protection Agency's 2022 Clean Water Needs Survey and deliver the required data to the
survey data portal by no later than December 31, 2022.
Section 4. Section 
73-10c-3
 is amended to read:
73-10c-3.
Water Development Coordinating Council created -- Purpose --
Members.
(1) (a) There is created within the Department of Natural Resources a Water
Development Coordinating Council. The council [
comprises
] 
is comprised of
:
(i) the director of the Division of Water Resources;
(ii) the executive secretary of the Water Quality Board;
(iii) the executive secretary of the Drinking Water Board;
(iv) the director of the Housing and Community Development Division or the director's
designee; and
(v) the state treasurer or the 
state
 treasurer's designee.
(b) The council shall choose a chair and vice chair from among its own members.
(c) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(2) The purposes of the council are to:
(a) coordinate the use and application of the funds available to the state to give
financial assistance to political subdivisions of this state so as to promote the conservation,
development, treatment, restoration, and protection of the waters of this state;
(b) promote the coordination of the financial assistance programs administered by the
state and the use of the financing alternative most economically advantageous to the state and
its political subdivisions;
(c) promote the consideration by the Board of Water Resources, Drinking Water
Board, and Water Quality Board of regional solutions to the water and wastewater needs of
individual political subdivisions of this state; [
and
]
(d) assess the adequacy and needs of the state and its political subdivisions with respect
to water-related infrastructures and advise the governor and the Legislature on those funding
needs[
.
]
; and
(e) conduct reviews and reports on water-related infrastructure issues as directed by
statute.
Section 5. Section 
73-10g-401
 is enacted to read:
Part 4. Capital Assets for Water
 73-10g-401.
Definitions.
As used in this part:
(1) "Capital asset" means an asset that:
(a) is a significant investment or an essential component necessary to provide water
service, including:
(i) a facility;
(ii) infrastructure, whether above or below ground level;
(iii) equipment; or
(iv) a communications network; and
(b) is owned by a water provider.
(2) "Governing body" means:
(a) for a political subdivision, the political subdivision governing body defined in
Section 
63A-15-102
; or
(b) for a private entity, the private entity's board of directors, managing members,
partners, or equivalent body.
(3) "Retail water supplier" means the same as that term is defined in Section 
19-4-102
.
(4) "Water conservancy district" means the same as that term is defined in Section
73-10-32
.
(5) "Water provider" means:
(a) a retail water supplier; or
(b) a water conservancy district.
Section 6. Section 
73-10g-402
 is enacted to read:
 73-10g-402.
Capital asset management.
(1) As a condition of receiving state or federal financing or grants to be used for an
improvement to a capital asset related to water infrastructure, the governing body of a water
provider shall commit to adopt a capital asset management plan.
(2) (a) The Drinking Water Board shall make rules, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset
management plan required under Subsection (1) for a water provider that is a retail water
supplier.
(b) The Board of Water Resources shall make rules, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset
management plan required under Subsection (1) for a water provider that is a water
conservancy district.
(3) A qualified water conservancy district, as defined in Section 
17B-2a-1010
, is not
subject to this section but shall comply with Section 
17B-2a-1010
.
Section 7. Section 
73-10g-403
 is enacted to read:
 73-10g-403.
Participation in survey or evaluation.
A water provider shall participate in regular infrastructure needs surveys or evaluations
and shall complete the asset-related sections of a survey or evaluation within the deadline
established by the Division of Drinking Water or the Division of Water Resources.
Section 8. Section 
73-10g-404
 is enacted to read:
 73-10g-404.
Review and reporting by the Water Development Coordinating
Council.
(1) As used in this section:
(a) "Council" means the Water Development Coordinating Council created by Sections
73-10c-3
 and 
79-2-201
.
(b) "Wastewater service provider" means the same as that term is defined in Section
19-5-201
.
(2) The council shall review:
(a) best practices related to the assessment, evaluation, maintenance, and replacement
of capital assets of wastewater service providers or water providers; and
(b) costs associated with:
(i) the best practices described in Subsection (2)(a); and
(ii) adoption of a capital asset management plan.
(3) The council shall finalize the council's review and report to the Natural Resources,
Agriculture, and Environment Interim Committee by no later than the 2022 November interim
meeting of the Natural Resources, Agriculture, and Environment Interim Committee.