ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2413: effluent; proportional share; recharge; compensation

Sponsor: Representative Kolodin, LD 3

Committee on Natural Resources, Energy & Water

Overview

Outlines the requirements, eligibility and process for compensation to customers in an eligible active management area (AMA) by a municipal provider.

History

Effluent is water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated by the Arizona Department of Environmental Quality. Such water remains effluent until it acquires the characteristics of groundwater or surface water (A.R.S. § 45-101).

Municipal Providers are cities, towns, private water companies or irrigation districts that supply water for non-irrigation uses (A.R.S. § 45-561).

Provisions

1.   Defines eligible customer. (Sec. 1)

2.   Mandates the municipal provider to compensate eligible customers for a proportional share of the full market value of effluent that is not charged back into the eligible customers' AMA. (Sec. 1)

3.   States the effluent wastewater that does not recharge into the eligible customer's AMA is the property of the eligible customer. (Sec. 1)

4.   Requires the municipal provider to determine;

a)   the total volume of wastewater received from the eligible customer during the billing period;

b)   the total volume of effluent produced by the wastewater that the customer provided to the municipal provider during the billing period;

c) the total volume of effluence generated by wastewater that the eligible customer provided, and that the municipal provider recharged into the eligible customers AMA during the billing period;

d)   the full market value of the total volume of effluent provided by the eligible customer and that was not recharged in the eligible customers AMA;

e)   the eligible customer's proportional share of the total volume of effluent generated by wastewater the customer provided during the billing period and the municipal provider recharged into the eligible customer's AMA; and

f) the eligible customer's proportional share of the full market value of the effluent generated by wastewater.

5.   Award the eligible customer a credit on the eligible customers bill that is equal to the eligible customers proportional share. (Sec.1)

6.   Grants the director of Arizona Department of Water Resources authority over effluent wastewater. (Sec. 1)

7.   Grants an eligible customer to be able to either submit a written complain to the director that challenged a municipal provider determination of proportional share or file a prove right of action in the Superior Court of Arizona. (Sec. 1)

8.   Requires the municipal provider be liable to the eligible customer for damages, attorney fees and interest if it is found the municipal provider miscalculated an eligible customer's proportional share. (Sec. 1)

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12.                    HB 2413

13.  Initials CW/TM   Page 0 Natural Resources, Energy & Water

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