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Senate Engrossed House Bill
state tree; residential planning (now: standpipe service; continuation; emergency) |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2441 |
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An Act
relating to municipal water service.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. City or town water service outside city or town; requirements; delayed repeal
A. On the effective date of this section, a city or town that provides water service in a county with a population of more than one million five hundred thousand persons shall execute a treat and transport agreement with one or more third parties and, for a period of not more than three years, shall treat and transport water to a standpipe and allow use of the standpipe for water to be hauled to residences that are outside the city's or town's water service area if all of the following apply:
1. The number of residences to be served is not more than seven hundred fifty, and the residences are in an area that is an unincorporated community within the county and adjacent to the city or town.
2. The city or town previously provided standpipe service to water haulers that deliver water to the residences and the city or town ceased providing that service pursuant to a drought management plan adopted by the city or town.
4. There is no other source of water for those persons within ten miles of their residences.
5. The city or town is reimbursed for the full reasonable costs of treating and transporting the water and allowing the water to be hauled from the standpipe as prescribed by this section. The city or town shall not charge residences, water haulers or other third parties prescribed by this section for water-related costs, expenses and acre-feet of water that do not provide a direct benefit to the residences.
6. Treating and transporting the water to and allowing the water to be hauled from the standpipe does not, without the city's or town's consent, reduce the amount of water available to residences and businesses within the city's or town's water service area or to residences and businesses outside of the city's or town's water service area with whom the city or town has directly contracted to provide water through means other than water hauling.
B. A city or town that treats and transports water and that allows water to be hauled from a standpipe pursuant to subsection A of this section shall do all of the following either directly or by way of a contract with one or more third parties:
1. Treat and transport water to the standpipe.
2. Allow the water to be received at the standpipe and delivered pursuant to this section through water haulers that have established a water hauling account with the city or town or its contractors. Self hauling of water is allowed.
3. Bill and collect from the water haulers the reasonable cost of treating and transporting the water to and allowing the water to be hauled from the standpipe pursuant to this section, which shall not exceed $20 per each one thousand gallons.
4. Provide annually not less than one hundred fifty acre-feet of water at the standpipe.
C. A city, town or third party that secures, procures or provides water for treatment, transportation and water hauling pursuant to this section shall disclose to the public the source and quantity of the water provided.
D. A city or town that treats and transports water and that allows water to be hauled from a standpipe pursuant to subsection A of this section is not liable for any actions taken or omissions after water is received by a water hauler at the standpipe.
E. A city, town or third party that secures, procures or provides water for treatment, transportation and water hauling pursuant to subsection A of this section may not reduce or suspend the amount of water provided pursuant to this section for any reason except if the city, town or third party has disclosed the source and quantity of the water pursuant to subsection C of this section and that source has been reduced or suspended by a proportionate amount outside the city's, town's or third party's control.
F. A city or town drought management plan shall not prohibit the city or town from entering into contracts with private entities, including private water companies, to ensure the integration of stable and secure water supplies.
G. If a city or town has fulfilled its obligations under this section, the city or town is not liable to any person or entity for providing or failing to provide water pursuant to this section.
H. For the purposes of section 9-516, Arizona Revised Statutes, standpipe service prescribed by this section does not constitute utility service. For the purposes of section 45-402, paragraph 31, subdivision (a), Arizona Revised Statutes, the area outside of a city's or town's utility service area where a water hauler may deliver water pursuant to this section does not constitute a part of the city's or town's service area. A city or town is not obligated to provide standpipe service outside of its service area unless required by law or contract.
I. This section does not:
1. Preclude the execution or implementation of a voluntary agreement before the effective date of this section.
2. Apply if a voluntary treat and transport agreement or other agreement that results in adequate water being supplied to the residences that would otherwise receive water pursuant to this section on or before the effective date of this section is executed and implemented before the effective date of this section.
J. This section is repealed from and after December 31, 2025.
(EMERGENCY NOT ENACTED)
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.