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REFERENCE TITLE: water augmentation fund; brackish groundwater |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2323 |
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Introduced by Representatives Kolodin: Marshall, McGarr, Parker B, Wilmeth
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An Act
amending section 49-1303, Arizona Revised Statutes; relating to the long-term water augmentation fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-1303, Arizona Revised Statutes, is amended to read:
49-1303. Long-term water augmentation fund; purposes; limitation
A. Monies and other assets in the long-term water augmentation fund may be used for the following purposes:
1. Funding water supply development projects that import water from outside the boundaries of this state. At least seventy-five percent of the monies in the fiscal years 2022-2023, 2023-2024 and 2024-2025 appropriations to the fund shall be reserved for one or more projects with this purpose, and those monies shall be accounted for separately. For the purposes of this paragraph, a water supply development project for the desalination and distribution of brackish or SALINE groundwater is deemed to be a water supply development project that imports water from outside the BOUNDARIES of this state without regard to whether the monies for the PROJECT are EXPENDED inside this state or whether the PROJECT imports water from outside the boundaries of this state.
2. Purchasing imported water or rights to imported water.
3. Acquiring or constructing water-related facilities in this state to convey or deliver imported water within the this state.
4. Conducting investigations, including performing environmental or other reviews.
5. Contracting for water needs assessments.
6. Providing financial assistance to eligible entities for the purposes of financing or refinancing water supply development projects within this state, including projects for conservation through reducing existing water use or more efficient uses of existing water supplies.
7. Guaranteeing debt obligations of eligible entities that are issued or incurred to finance or refinance water supply development projects within this state or providing credit enhancements in connection with these debt obligations.
8. Paying the costs to administer the fund.
9. Funding not more than ten full-time equivalent positions of the authority.
B. In providing financial assistance from the fund, the authority shall comply with section 49-1304.
C. Monies in the fund may not be used to purchase conservation or other similar easements on real property.
D. If the monies pledged to secure long-term water augmentation bonds issued pursuant to section 49-1309 become insufficient to pay the principal and interest on the long-term water augmentation bonds guaranteed by the fund, the authority shall direct the state treasurer to liquidate securities in the fund as may be necessary and shall apply those proceeds to make current all payments then due on the long-term water augmentation bonds. The state treasurer shall immediately notify the attorney general and auditor general of the insufficiency. The auditor general shall audit the circumstances surrounding the depletion of the fund and report the findings to the attorney general. The attorney general shall conduct an investigation and report those findings to the governor and the legislature.
E. The authority shall take necessary actions to obtain full repayment for monies or financial assistance provided from the fund by the recipients of the funding or financial assistance or the recipients of any water supply development project made available from monies from the fund through water subcontracts, loan repayments, rates, fees, charges or otherwise, as appropriate. This subsection does not apply to monies spent by the authority for investigations and studies or monies spent in connection with loan guarantees or credit enhancement.