Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 80 (2025GS)

Sponsor

Sen. Sandall, Scott D.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Department of Environmental Quality (department) to establish a fee schedule;
• allows the Water Development Coordinating Council (state council) to establish a fee schedule beginning on July 1, 2026, subject to approval by the Legislature;
• exempts a special district from certain fee requirements to pay the fees established by the department and state council;
• outlines requirements related to the fee schedules;
• allows the department to establish a financial incentive to comply with certain criteria;
• provides for the collection of fees by the department and, pending approval by the Legislature, the collection of fees by the state council;
• creates an exemption for a wholesale water supplier and agricultural water from the fees;
• provides for the deposit of fees into the Water Infrastructure Fund less the department's costs;
• requires the department and state council to report on the fee schedule to the Natural Resources, Agriculture, and Environment Interim Committee;
• requires monitoring of fees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

17
17B-1-121
17B-1-643
19-4-116
63I-2-219
63I-2-273
73-10g-601
73-10g-606
0
Water Fee Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill allows state agencies to develop a fee schedule for water consumption.
Highlighted Provisions:
This bill:
defines terms;
requires the Department of Environmental Quality (department) to establish a fee 
schedule;
allows the Water Development Coordinating Council (state council) to establish a fee 
schedule beginning on July 1, 2026, subject to approval by the Legislature;
exempts a special district from certain fee requirements to pay the fees established by the 
department and state council; 
outlines requirements related to the fee schedules;
allows the department to establish a financial incentive to comply with certain criteria;
provides for the collection of fees by the department and, pending approval by the 
Legislature, the collection of fees by the state council;
creates an exemption for a wholesale water supplier and agricultural water from the fees;
provides for the deposit of fees into the Water Infrastructure Fund less the department's 
costs;
requires the department and state council to report on the fee schedule to the Natural 
Resources, Agriculture, and Environment Interim Committee;
requires monitoring of fees; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17B-1-121
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2023, Chapter 15
17B-1-643
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 382
63I-2-219
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 5
63I-2-273
, 
Effective 
07/01/26
 as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 5
73-10g-601
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2024, Chapter 335
ENACTS:
19-4-116
, 
Effective 
05/07/25
 Utah Code Annotated 1953
73-10g-606
, 
Effective 
07/01/26
 Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17B-1-121
 is amended to read:
17B-1-121
Effective 
05/07/25
. Limit on fees -- Requirement to itemize and 
account for fees -- Appeals.
(1)
A special district may not impose or collect:
(a)
an application fee that exceeds the reasonable cost of processing the application; or
(b)
an inspection or review fee that exceeds the reasonable cost of performing an 
inspection or review.
(2)
(a)
Upon request by a service applicant who is charged a fee or an owner of 
residential property upon which a fee is imposed, a special district shall provide a 
statement of each itemized fee and calculation method for each fee.
(b)
If an applicant who is charged a fee or an owner of residential property upon which a 
fee is imposed submits a request for a statement of each itemized fee no later than 30 
days after the day on which the applicant or owner pays the fee, the special district 
shall, no later than 10 days after the day on which the request is received, provide or 
commit to provide within a specific time:
(i)
for each fee, any studies, reports, or methods relied upon by the special district to 
create the calculation method described in Subsection 
(2)(a)
;
(ii)
an accounting of each fee paid;
(iii)
how each fee will be distributed by the special district; and
(iv)
information on filing a fee appeal through the process described in Subsection 
(2)(c)
.
(c)
(i)
A special district shall establish an impartial fee appeal process to determine 
whether a fee reflects only the reasonable estimated cost of delivering the service 
for which the fee was paid.
(ii)
A party to a fee appeal described in Subsection 
(2)(c)(i)
 may petition for judicial 
review of the special district's final decision.
(3)
A special district may not impose on or collect from a public agency a fee associated 
with the public agency's development of the public agency's land other than:
(a)
subject to Subsection 
(1)
, a hookup fee; or
(b)
an impact fee, as defined in Section 
11-36a-102
 and subject to Section 
11-36a-402
, 
for a public facility listed in Subsection 
11-36a-102(17)(a)
, 
(b)
, 
(c)
, 
(d)
, 
(e)
, or 
(g)
.
(4)
This section does not apply to a fee or fee increase that is equal to the amount needed to 
pay a fee imposed on a special district under Sections 
19-4-116
 and 
73-10g-606
.
Section 2, Section 
17B-1-643
 is amended to read:
17B-1-643
Effective 
05/07/25
. Imposing or increasing a fee for service provided 
by special district.
(1)
(a)
Before imposing a new fee or increasing an existing fee for a service provided by 
a special district, each special district board of trustees shall first hold a public 
hearing at which:
(i)
the special district shall demonstrate its need to impose or increase the fee; and
(ii)
any interested person may speak for or against the proposal to impose a fee or to 
increase an existing fee.
(b)
Each public hearing under Subsection (1)(a) shall be held in the evening beginning 
no earlier than 6 p.m.
(c)
A public hearing required under this Subsection (1) may be combined with a public 
hearing on a tentative budget required under Section 
17B-1-610
.
(d)
Except to the extent that this section imposes more stringent notice requirements, the 
special district board shall comply with Title 52, Chapter 4, Open and Public 
Meetings Act, in holding the public hearing under Subsection (1)(a).
(2)
(a)
Each special district board shall give notice of a hearing under Subsection (1) as 
provided in Subsections (2)(b) and (c) or Subsection (2)(d).
(b)
The special district board shall publish the notice described in Subsection (2)(a) for 
the special district, as a class A notice under Section 
63G-30-102
, for at least 30 days.
(c)
The notice described in Subsection (2)(b) shall state that the special district board 
intends to impose or increase a fee for a service provided by the special district and 
will hold a public hearing on a certain day, time, and place fixed in the notice, which 
shall be not less than seven days after the day the notice is first posted as provided in 
Subsection (2)(b) for the purpose of hearing comments regarding the proposed 
imposition or increase of a fee and to explain the reasons for the proposed imposition 
or increase.
(d)
(i)
In lieu of providing notice under Subsection (2)(b), the special district board of 
trustees may give the notice required under Subsection (2)(a) by mailing the 
notice to those within the district who:
(A)
will be charged the fee for a district service, if the fee is being imposed for the 
first time; or
(B)
are being charged a fee, if the fee is proposed to be increased.
(ii)
Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
(iii)
A notice under Subsection (2)(d)(i) may accompany a district bill for an existing 
fee.
(e)
If the hearing required under this section is combined with the public hearing 
required under Section 
17B-1-610
, the notice required under this Subsection (2):
(i)
may be combined with the notice required under Section 
17B-1-609
; and
(ii)
shall be posted or mailed in accordance with the notice provisions of this section.
(f)
Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie 
evidence that notice was properly given.
(g)
If no challenge is made to the notice given of a hearing required by Subsection (1) 
within 30 days after the date of the hearing, the notice is considered adequate and 
proper.
(h)
After holding a public hearing under Subsection (1), a special district board may:
(i)
impose the new fee or increase the existing fee as proposed;
(ii)
adjust the amount of the proposed new fee or the increase of the existing fee and 
then impose the new fee or increase the existing fee as adjusted; or
(iii)
decline to impose the new fee or increase the existing fee.
(i)
This section applies to each new fee imposed and each increase of an existing fee that 
occurs on or after July 1, 1998.
(j)
(i)
This section does not apply to an impact fee.
(ii)
The imposition or increase of an impact fee is governed by Title 11, Chapter 36a, 
Impact Fees Act.
(3)
This section does not apply to a fee or fee increase that is equal to the amount needed to 
pay a fee imposed on a special district under Sections 
19-4-116
 and 
73-10g-606
.
Section 3, Section 
19-4-116
 is enacted to read:
19-4-116
Effective 
05/07/25
. Fee schedule -- Exemption -- Report -- Monitoring 
of fees.
(1)
(a)
The department shall establish a fee schedule for the regulation of public water 
systems in the state in accordance with Section 
63J-1-504
.
(b)
To create the fee schedule described in Subsection 
(1)(a)
, the department shall:
(i)
complete a review of program costs and indirect costs of regulating public water 
systems in the state, after consulting with industry, local governments, special 
districts, and special service districts;
(ii)
use the findings from the review described in Subsection 
(1)(b)(i)
; and
(iii)
evaluate other sources of funding to support the regulation of public water 
systems in the state.
(c)
The fee schedule described in Subsection 
(1)(a)
 may:
(i)
implement an annual fee on a public water system in the state, on the basis of 
consumption, for the direct delivery of water to an end user for human 
consumption and other domestic uses;
(ii)
implement a reasonable fee for plan review;
(iii)
implement a reasonable fee for a public water system sanitary survey;
(iv)
provide for reasonable and timely oversight of the fee schedule by the 
department; and
(v)
be in an amount needed to reasonably enable the department and public water 
systems to:
(A)
employ qualified personnel to appropriately oversee public drinking water 
regulation; and
(B)
beginning on July 1, 2026, fund water infrastructure projects ranked and 
prioritized in the unified water infrastructure plan under Section 
73-10g-603
.
(d)
The fee schedule described in Subsection 
(1)(a)
 may include fees that provide 
financial incentives:
(i)
to a public water system that is not a community water system if the public water 
system complies with Section 
19-4-114
; and
(ii)
to a community water system if the community water system:
(A)
installs water meters on each residential connection in the community water 
system;
(B)
adopts tiered water rates;
(C)
creates a drinking water master plan report within 10 years before the day on 
which the fee is imposed; and
(D)
complies with Section 
19-4-114
.
(2)
Except for water delivered by a wholesale water supplier directly to an end user for 
human consumption and other domestic uses, a public water system that is a wholesale 
water supplier is exempt from the fee established under Subsection 
(1)(c)(i)
.
(3)
Agricultural water, as that term is defined in Section 
73-10g-601
, is exempt from the fee 
established under Subsection 
(1)
.
(4)
A public water system shall submit payment of the fee established by Subsection 
(1)
 to 
the department:
(a)
in accordance with a schedule provided by the department; and
(b)
using a form provided by the department.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, the department shall deposit fees 
collected under this section into the Water Infrastructure Fund created in Section 
73-10g-107
.
(b)
The department shall retain a portion of the fees collected under Subsection 
(1)(c)
 to 
offset the department's costs in regulating public water systems.
(6)
On or before October 31, 2025, the department shall report to the Natural Resources, 
Agriculture, and Environment Interim Committee regarding the development of the fee 
schedule described in Subsection 
(1)
.
(7)
The Office of the Legislative Fiscal Analyst shall monitor fees collected under this 
section.
Section 4, Section 
63I-2-219
 is amended to read:
63I-2-219
Effective 
05/07/25
. Repeal dates: Title 19.
(1)
Section 
19-1-109
, Clean Air Support Restricted Account, is repealed July 1, 2024.
(2)
Section 
19-2a-102.5
, Emissions reduction plan study and recommendations, is repealed 
July 1, 2024.
(3)
Subsection 
19-4-116(6)
, regarding a requirement to report to an interim committee, is 
repealed January 1, 2026.
Section 5, Section 
63I-2-273
 is amended to read:
63I-2-273
Effective 
07/01/26
. Repeal dates: Title 73.
Reserved.
Subsection 
73-10g-606(5)
, regarding a requirement to report to an interim 
committee, is repealed January 1, 2027.
Section 6, Section 
73-10g-601
 is amended to read:
73-10g-601
Effective 
05/07/25
. Definitions.
As used in this part:
(1)
"Agency plan" means a water infrastructure plan adopted by a relevant agency.
(2)
(a)
"Agricultural water" means water beneficially used in irrigation under a water 
right in this state for the production of food, fiber, or fuel, or other agricultural 
purpose.
(b)
"Agricultural water" does not include water delivered:
(i)
to an end user for human consumption and other domestic uses; or
(ii)
through a secondary water connection.
(2)
(3)
"Executive director" means the executive director of the Department of Natural 
Resources.
(3)
(4)
"Relevant agency" means:
(a)
the Division of Water Resources;
(b)
the Division of Drinking Water;
(c)
the Division of Water Quality;
(d)
the Housing and Community Development Division; and
(e)
the Department of Agriculture and Food.
(5)
"Secondary water connection" means the same as that term is defined in Section 
73-10-34
.
(4)
(6)
"State council" means the Water Development Coordinating Council created in 
Sections 
73-10c-3
 and 
79-2-201
.
(5)
(7)
"Utah Watersheds Council" means the Utah Watersheds Council created in Section 
73-10g-304
.
(6)
(8)
"Water infrastructure fund money" means money in the Water Infrastructure Fund 
created by Section 
73-10g-107
.
Section 7, Section 
73-10g-606
 is enacted to read:
73-10g-606
Effective 
07/01/26
. Fee schedule --Approval of fee schedule -- 
Exemption -- Report -- Monitoring of fees.
(1)
(a)
Subject to Subsection 
(2)
, the state council may establish a fee schedule for public 
water systems for water service and delivery in the state.
(b)
To create a fee schedule for public water systems, the state council shall use the 
findings from the review described in Section 
73-10-39
.
(2)
The state council may not charge or collect a fee described in Subsection 
(1)
 without 
approval of the fee schedule by the Legislature in accordance with Section 
63J-1-504
.
(3)
Agricultural water is exempt from a fee established under Subsection 
(1)
.
(4)
Subject to Subsection 
(2)
, a public water system shall submit payment of the fee 
established in Subsection 
(1)
 into the Water Infrastructure Fund created in Section 
73-10g-107
:
(a)
in accordance with a schedule provided by the state council; and
(b)
using a form provided by the state council.
(5)
On or before October 31, 2026, the state council shall report to the Natural Resources, 
Agriculture, and Environment Interim Committee regarding the development of the fee 
schedule described in Subsection 
(1)
.
(6)
The Office of the Legislative Fiscal Analyst shall monitor any fees collected under this 
section.
Section 8. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
(2)
The actions affecting the following sections take effect on July 1, 2026:
(a)
Section 
73-10g-606
 (Effective 07/01/26); and
(b)
Section 
63I-2-273
 (Effective 07/01/26).
3-6-25 6:14 PM