Additional improvement district powers.

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  • (1) In addition to the powers conferred on an improvement district under Section 17B-1-103, an improvement district may:
    • (a) acquire through construction, purchase, gift, or condemnation, or any combination of these methods, and operate all or any part of a system for:
      • (i) the supply, treatment, and distribution of water;
      • (ii) the collection, treatment, and disposition of sewage;
      • (iii) the collection, retention, and disposition of storm and flood waters;
      • (iv) the generation, distribution, and sale of electricity, subject to Section 17B-2a-406; and
      • (v) the transmission of natural or manufactured gas if:
        • (A) the system is connected to a gas plant, as defined in Section 54-2-1, of a gas corporation, as defined in Section 54-2-1, that is regulated under Section 54-4-1;
        • (B) the system is to be used to facilitate gas utility service within the district; and
        • (C) the gas utility service was not available within the district before the acquisition of the system;
    • (b) issue bonds in accordance with Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the improvement district;
    • (c) appropriate or acquire water or water rights inside or outside the improvement district's boundaries;
    • (d) sell water or other services to consumers residing outside the improvement district's boundaries;
    • (e) enter into a contract with a gas corporation that is regulated under Section 54-4-1 to:
      • (i) provide for the operation or maintenance of all or part of a system for the transmission of natural or manufactured gas; or
      • (ii) lease or sell all or a portion of a system described in Subsection (1)(e)(i) to a gas corporation;
    • (f) enter into a contract with a person for:
      • (i) the purchase or sale of water or electricity;
      • (ii) the use of any facility owned by the person; or
      • (iii) the purpose of handling the person's industrial and commercial waste and sewage;
    • (g) require pretreatment of industrial and commercial waste and sewage; and
    • (h) impose a penalty or surcharge against a public entity or other person with which the improvement district has entered into a contract for the construction, acquisition, or operation of all or a part of a system for the collection, treatment, and disposal of sewage, if the public entity or other person fails to comply with the provisions of the contract.
  • (2) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by a gas corporation regulated under Section 54-4-1 and not by the district.
  • (3) An improvement district may not begin to provide sewer service to an area where sewer service is already provided by an existing sewage collection system operated by a municipality or other political subdivision unless the municipality or other political subdivision gives its written consent.
  • (4) An improvement district authorized to operate all or any part of a system for the collection, treatment, or disposition of sewage may acquire, construct, or operate a resource recovery project in accordance with Section 19-6-508.





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