§ 73-10-39 — Study and recommendations related to the financing of water infrastructure.

(1) As used in this section:
(1)(a) "Division" means the Division of Water Resources.
(1)(b) "Water infrastructure projects" means the same as that term is defined in Section 73-10g-102.
(2) (2)(a) The division shall study and make recommendations, to be completed by October 31, 2024, concerning:
(2)(a)(i) which funds or accounts used to finance water infrastructure projects should be tied to the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization;
(2)(a)(ii) whether any funds or accounts should be consolidated; and
(2)(a)(iii) whether changes to the membership of the Water Development Coordinating Council, created by Sections 79-2-201 and 73-10c-3, are needed to fulfill the purposes of Chapter 10g, Part 6, Planning and Prioritization.
(2)(b) The division shall study and make recommendations, to be completed by October 31, 2025, concerning whether to impose a new fee to fund water infrastructure projects identified in the unified water infrastructure plan adopted under Section 73-10g-602 and consistent with the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization. The study shall consider:
(2)(b)(i) who is assessed the fee;
(2)(b)(ii) how to calculate the fee amount, including any adjustments to the fee amount over time;
(2)(b)(iii) the process for collecting the fee;
(2)(b)(iv) where the money collected should be deposited;
(2)(b)(v) whether the revenue stream should be configured as a tax rather than a fee;
(2)(b)(vi) how the money collected should be spent;
(2)(b)(vii) the affordability of the fee for end users; and
(2)(b)(viii) how to assure that the revenue is distributed equitably statewide.
(3) In conducting a study described in Subsection (2), the division shall:
(3)(a) work cooperatively with the Water Development Coordinating Council; and
(3)(b) consult with a wide range of stakeholders with diverse interests, including those with expertise in water development and delivery, tax policy, and water funding.
(4) The division shall report the division's findings and recommendations to the Natural Resources, Agriculture, and Environment Interim Committee by no later than:
(4)(a) for the study described in Subsection (2)(a), the November 2024 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee; and
(4)(b) for the study described in Subsection (2)(b), the November 2025 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.

Legislative History

Enacted by Chapter 335, 2024 General Session