Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 89 (2022GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions related to a water conservation plan, including provisions:
• defining terms;
• requiring goals for water conservation to be set;
• addressing adopting, amending, submitting, or posting a water conservation plan;
• requiring rate structures to be submitted under certain circumstances; and
• addressing division powers, including rulemaking;
• modifies provision related to culinary water pricing structure; and
• makes technical changes.

Every vote on this bill

Bill text

WATER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
Timothy D. Hawkes
LONG TITLE
General Description:
This bill addresses information related to water including water conservation.
Highlighted Provisions:
This bill:
▸ modifies provisions related to a water conservation plan, including provisions:
• defining terms;
• requiring goals for water conservation to be set;
• addressing adopting, amending, submitting, or posting a water conservation
plan;
• requiring rate structures to be submitted under certain circumstances; and
• addressing division powers, including rulemaking;
▸ modifies provision related to culinary water pricing structure; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10-32
, as last amended by Laws of Utah 2007, Chapter 329
73-10-32.5
, as enacted by Laws of Utah 2016, Chapter 282
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10-32
 is amended to read:
73-10-32.
Definitions -- Water conservation plan required.
(1) As used in this section:
[
(a) "Board" means the Board of Water Resources created under Section 
73-10-1.5
.
]
[
(b)
] 
(a)
 "Division" means the Division of Water Resources created under Section
73-10-18
.
[
(c) "Retail" means the level of distribution of culinary water that supplies culinary
water directly to the end user.
]
[
(d) "Retail water provider" means an entity which:
]
[
(i) supplies culinary water to end users; and
]
[
(ii) has more than 500 service connections.
]
[
(e)
] 
(b)
 "Water conservancy district" means an entity formed under Title 17B, Chapter
2a, Part 10, Water Conservancy District Act.
[
(f)
] 
(c)
 "Water conservation plan" means a written document that contains existing
and proposed water conservation measures describing what will be done by [
retail water
providers, water conservancy districts
] 
a water provider
, and the end user of culinary water to
help conserve water [
and limit or reduce its use
] in the state in terms of per capita
[
consumption
] 
use of water provided through culinary water infrastructure owned or operated
by the water provider
 so that adequate supplies of water are available for future needs.
(d) "Water provider" means:
(i) a retail water supplier, as defined in Section 
19-4-102
; or
(ii) a water conservancy district.
(2) (a) [
Each
] 
A
 water conservation plan shall contain:
(i) 
(A)
 a clearly stated overall water use reduction goal 
that is consistent with
Subsection (2)(d);
 and
(B)
 an implementation plan for each [
of the
] water conservation [
measures it
] 
measure
a water provider
 chooses to use, including a timeline for action and an evaluation process to
measure progress;
[
(ii) a requirement that each water conservancy district and retail water provider devote
part of at least one regular meeting every five years of its governing body to a discussion and
formal adoption of the water conservation plan, and allow public comment on it;
]
[
(iii)
] 
(ii)
 a requirement that a notification procedure be implemented that includes the
delivery of the water conservation plan to the media and to the governing body of each
municipality and county served by the [
water conservancy district or retail
] water provider;
[
and
]
[
(iv)
] 
(iii)
 a copy of the minutes of the meeting 
regarding a water conservation plan
 and
the notification procedure required in [
Subsections (2)(a)(ii) and (iii) which
] 
Subsection
(2)(a)(ii) that
 shall be added as an appendix to the 
water conservation
 plan[
.
]
; and
(iv) for a retail water supplier, as defined in Section 
19-4-102
, the retail water
supplier's rate structure that is:
(A) adopted by the retail water supplier's governing body in accordance with Section
73-10-32.5
; and
(B) current as of the day the retail water supplier files a water conservation plan.
(b) A water conservation plan may include information regarding:
(i) the installation and use of water efficient fixtures and appliances, including toilets,
shower fixtures, and faucets;
(ii) residential and commercial landscapes and irrigation that require less water to
maintain;
(iii) more water efficient industrial and commercial processes involving the use of
water;
(iv) water reuse systems, both potable and not potable;
(v) distribution system leak repair;
(vi) dissemination of public information regarding more efficient use of water,
including public education programs, customer water use audits, and water saving
demonstrations;
(vii) water rate structures designed to encourage more efficient use of water;
(viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
use of water by means such as water efficient fixtures and landscapes;
(ix) incentives to implement water efficient techniques, including rebates to water
users to encourage the implementation of more water efficient measures; and
(x) other measures designed to conserve water.
(c) The [
Division of Water Resources
] 
division
 may be contacted for information and
technical resources regarding measures listed in [
Subsections (2)(b)(i) through (2)(b)(x)
]
Subsection (2)(b)
.
(d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, regional water conservation goals that:
(A) are developed by the division;
(B) are reevaluated by December 31, 2030, and every 10 years after December 31,
2030; and
(C) define what constitutes "water being conserved" under a water conservation goal
after considering factors such as depletion, diversion, use, consumption, or return flows.
(ii) As part of a water conservation plan, a water provider shall adopt one of the
following:
(A) the regional water conservation goal applicable to the water provider;
(B) a water conservation goal that would result in more water being conserved than
would be conserved under the regional water conservation goal; or
(C) a water conservation goal that would result in less water being conserved than
would be conserved under the regional water conservation goal with a reasonable justification
as to why the different water conservation goal is adopted and an explanation of the factors
supporting the reasonable justification, such as demographics, geography, lot sizes, make up of
water service classes, or availability of secondary water.
(3) (a) [
Before April 1, 1999, each water conservancy district and each retail
] 
A
 water
provider shall:
(i) [
(A)
] prepare and adopt a water conservation plan [
if one has not already been
adopted; or
]
; and
[
(B) if the district or provider has already adopted a water conservation plan, review
the existing water conservation plan to determine if it should be amended and, if so, amend the
water conservation plan; and
]
(ii) file a copy of the water conservation plan [
or amended water conservation plan
]
with the division.
(b) 
(i)
 Before adopting or amending a water conservation plan, [
each water
conservancy district or retail
] 
a
 water provider shall hold a public hearing with reasonable,
advance public notice 
in accordance with this Subsection (3)(b)
.
(ii) The water provider shall provide public notice at least 14 days before the date of
the public hearing.
(iii) A water provider meets the requirements of reasonable notice required by this
Subsection (3)(b) if the water provider posts notice of the public hearing in at least three public
places within the service area of the water provider and:
(A) if the water provider is a public entity, posts notice on the Utah Public Notice
Website, created in Section 
63A-16-601
; or
(B) if the water provider is a private entity and has a public website, posts notice on the
water provider's public website.
(iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
evidence that notice was properly given.
(v) If notice given under authority of this Subsection (3)(b) is not challenged within 30
days from the date of the public hearing for which the notice was given, the notice is
considered adequate and proper.
(c) A water provider shall:
(i) post the water provider's water conservation plan on a public website; or
(ii) if the water provider does not have a public website, make the water provider's
water conservation plan publically available for inspection upon request.
(4) (a) The [
board
] 
division
 shall:
(i) provide guidelines and technical resources to [
retail water providers and water
conservancy districts to
] 
help water providers
 prepare and implement water conservation plans;
(ii) [
investigate alternative measures designed to conserve water
] 
assist water providers
by identifying water conservation methods upon request
; and
[
(iii) report regarding its compliance with the act and impressions of the overall quality
of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
Committee of the Legislature at its meeting in November 2004.
]
(iii) provide an online submission form that allows for an electronic copy of the water
conservation plan to be filed with the division under Subsection (3)(a)(ii).
(b) The [
board
] 
division
 shall [
publish
] 
post
 an annual report [
in a paper of state-wide
distribution specifying the retail water providers and water conservancy districts that do not
have a current water conservation plan on file with the board
] at the end of [
the
] 
a
 calendar year
listing water providers in compliance with this section
.
(5) A [
water conservancy district or retail
] water provider may only receive state funds
for water development if [
they comply
] 
the water provider complies
 with the requirements of
this [
act
] 
section
.
(6) [
Each water conservancy district and retail
] 
A
 water provider specified under
Subsection (3)(a) shall:
(a) update [
its
] 
the water provider's
 water conservation plan no less frequently than
every five years; and
(b) follow the procedures required under Subsection (3) when updating the water
conservation plan.
(7) It is the intent of the Legislature that the water conservation plans, amendments to
existing water conservation plans, and the studies and report by the [
board
] 
division
 be handled
within the existing budgets of the respective entities or agencies.
Section 2. Section 
73-10-32.5
 is amended to read:
73-10-32.5.
Culinary water pricing structure.
(1) As used in this section, "retail water supplier" means the same as that term is
defined in Section 
19-4-102
.
(2)
 A retail water [
provider, as defined in Section 
73-10-32
,
] 
supplier
 shall:
[
(1)
] 
(a)
 establish a culinary water rate structure that:
[
(a)
] 
(i)
 incorporates increasing block units of water used; and
[
(b)
] 
(ii)
 provides for an increase in the rate charged for additional block units of water
used as usage increases from one block unit to the next;
[
(2)
] 
(b)
 provide in customer billing notices, or in a notice that is distributed to
customers at least annually, block unit rates and the customer's billing cycle; and
[
(3)
] 
(c)
 include individual customer water usage in customer billing notices.