| 1 | 1 | | PREFILED NOV 20 2023 REFERENCE TITLE: lottery; water infrastructure finance authority State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2011 Introduced by Representative Griffin An Act amending sections 5-572, 49-1271 and 49-1331, Arizona Revised Statutes; relating to the water infrastructure finance authority of Arizona. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 7 | 7 | | PREFILED NOV 20 2023 |
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| 9 | 9 | | REFERENCE TITLE: lottery; water infrastructure finance authority |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 |
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| 11 | 11 | | HB 2011 |
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| 12 | 12 | | Introduced by Representative Griffin |
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| 14 | 14 | | REFERENCE TITLE: lottery; water infrastructure finance authority |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2024 |
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| 40 | 40 | | HB 2011 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representative Griffin |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending sections 5-572, 49-1271 and 49-1331, Arizona Revised Statutes; relating to the water infrastructure finance authority of Arizona. |
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| 76 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 5-572, Arizona Revised Statutes, is amended to read: START_STATUTE5-572. Use of monies in state lottery fund; report A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery. B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297. C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis. D. If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year. E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state. F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents. G. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through F of this section, $50,000,000 is appropriated to the water infrastructure finance authority of Arizona. The water infrastructure finance authority of Arizona shall deposit $25,000,000 in the water supply development revolving fund established by section 49-1271 and $25,000,000 in the water conservation grant fund established by section 49-1331. G. H. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund. H. I. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation. I. J. The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE Sec. 2. Section 49-1271, Arizona Revised Statutes, is amended to read: START_STATUTE49-1271. Water supply development revolving fund A. The water supply development revolving fund is established consisting of all of the following: 1. Monies received from the issuance and sale of water supply development bonds under section 49-1278. 2. Monies appropriated by the legislature to the water supply development revolving fund. 3. Monies received for water supply development purposes from the United States government. 4. Monies received as loan repayments, interest and penalties. 5. Interest and other income received from investing monies in the fund. 6. Gifts, grants and donations received for water supply development purposes from any public or private source. 7. Monies deposited from the state lottery fund pursuant to section 5-572. 7. 8. Any other monies received by the authority in connection with the purpose of the water supply development revolving fund. B. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. All monies shall be deposited, pursuant to sections 35-146 and 35-147, in the water supply development revolving fund and shall be held in trust. On notice from the authority, the state treasurer shall invest and divest monies in the water supply development revolving fund as provided in section 35-313, and monies earned from investment shall be credited to the water supply development revolving fund. The monies in the water supply development revolving fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. D. The authority shall administer the water supply development revolving fund. The authority shall establish as many other accounts and subaccounts as required to administer the fund. If any bonds are issued under section 49-1278, the authority shall establish one or more bond proceeds accounts and one or more bond debt service accounts as necessary to accurately record and track bond proceeds and debt service revenues. E. Monies and other assets in the fund shall be used solely for the purposes authorized by this chapter. F. Monies in the fund may be used to secure water supply development bonds of the authority. END_STATUTE Sec. 3. Section 49-1331, Arizona Revised Statutes, is amended to read: START_STATUTE49-1331. Water conservation grant fund; exemption; administration; report A. The water conservation grant fund is established to be maintained in perpetuity consisting of all the following: 1. Legislative appropriations. 2. Monies received for water conservation purposes from the United States government. 3. Interest and other income received from investing monies in the fund. 4. Gifts, grants and donations received for water conservation purposes from any public or private source. 5. Monies deposited from the state lottery fund pursuant to section 5-572. 5. 6. Any other monies received by the authority in connection with the purpose of the water conservation grant fund. B. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. All monies deposited in the water conservation grant fund shall be held in trust. The monies in the water conservation grant fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. D. The authority shall administer the fund and establish as many other accounts and subaccounts as required to administer the fund. E. Monies and other assets in the fund shall be used solely for the purposes authorized by this article. F. The annual report required by section 49-1204 shall include: 1. The expenditures made from the fund in the previous fiscal year. 2. Whether programs or projects funded by the fund in the previous fiscal year did in fact: (a) Result in long-term, sustainable reductions in water use. (b) Improve water use efficiency. (c) Improve water reliability. 3. The environmental impacts of programs or projects funded by the fund in the previous fiscal year. END_STATUTE |
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| 82 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 84 | 84 | | Section 1. Section 5-572, Arizona Revised Statutes, is amended to read: |
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| 85 | 85 | | |
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| 86 | 86 | | START_STATUTE5-572. Use of monies in state lottery fund; report |
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| 88 | 88 | | A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery. |
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| 89 | 89 | | |
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| 90 | 90 | | B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297. |
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| 92 | 92 | | C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis. |
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| 94 | 94 | | D. If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year. |
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| 96 | 96 | | E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state. |
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| 97 | 97 | | |
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| 98 | 98 | | F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents. |
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| 99 | 99 | | |
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| 100 | 100 | | G. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through F of this section, $50,000,000 is appropriated to the water infrastructure finance authority of Arizona. The water infrastructure finance authority of Arizona shall deposit $25,000,000 in the water supply development revolving fund established by section 49-1271 and $25,000,000 in the water conservation grant fund established by section 49-1331. |
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| 102 | 102 | | G. H. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund. |
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| 103 | 103 | | |
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| 104 | 104 | | H. I. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation. |
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| 106 | 106 | | I. J. The commission shall transfer monies prescribed in this section on a quarterly basis. END_STATUTE |
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| 108 | 108 | | Sec. 2. Section 49-1271, Arizona Revised Statutes, is amended to read: |
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| 110 | 110 | | START_STATUTE49-1271. Water supply development revolving fund |
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| 112 | 112 | | A. The water supply development revolving fund is established consisting of all of the following: |
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| 114 | 114 | | 1. Monies received from the issuance and sale of water supply development bonds under section 49-1278. |
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| 116 | 116 | | 2. Monies appropriated by the legislature to the water supply development revolving fund. |
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| 118 | 118 | | 3. Monies received for water supply development purposes from the United States government. |
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| 120 | 120 | | 4. Monies received as loan repayments, interest and penalties. |
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| 122 | 122 | | 5. Interest and other income received from investing monies in the fund. |
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| 124 | 124 | | 6. Gifts, grants and donations received for water supply development purposes from any public or private source. |
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| 126 | 126 | | 7. Monies deposited from the state lottery fund pursuant to section 5-572. |
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| 128 | 128 | | 7. 8. Any other monies received by the authority in connection with the purpose of the water supply development revolving fund. |
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| 130 | 130 | | B. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. |
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| 132 | 132 | | C. All monies shall be deposited, pursuant to sections 35-146 and 35-147, in the water supply development revolving fund and shall be held in trust. On notice from the authority, the state treasurer shall invest and divest monies in the water supply development revolving fund as provided in section 35-313, and monies earned from investment shall be credited to the water supply development revolving fund. The monies in the water supply development revolving fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. |
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| 134 | 134 | | D. The authority shall administer the water supply development revolving fund. The authority shall establish as many other accounts and subaccounts as required to administer the fund. If any bonds are issued under section 49-1278, the authority shall establish one or more bond proceeds accounts and one or more bond debt service accounts as necessary to accurately record and track bond proceeds and debt service revenues. |
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| 136 | 136 | | E. Monies and other assets in the fund shall be used solely for the purposes authorized by this chapter. |
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| 137 | 137 | | |
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| 138 | 138 | | F. Monies in the fund may be used to secure water supply development bonds of the authority. END_STATUTE |
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| 140 | 140 | | Sec. 3. Section 49-1331, Arizona Revised Statutes, is amended to read: |
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| 141 | 141 | | |
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| 142 | 142 | | START_STATUTE49-1331. Water conservation grant fund; exemption; administration; report |
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| 144 | 144 | | A. The water conservation grant fund is established to be maintained in perpetuity consisting of all the following: |
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| 146 | 146 | | 1. Legislative appropriations. |
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| 148 | 148 | | 2. Monies received for water conservation purposes from the United States government. |
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| 150 | 150 | | 3. Interest and other income received from investing monies in the fund. |
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| 152 | 152 | | 4. Gifts, grants and donations received for water conservation purposes from any public or private source. |
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| 153 | 153 | | |
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| 154 | 154 | | 5. Monies deposited from the state lottery fund pursuant to section 5-572. |
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| 156 | 156 | | 5. 6. Any other monies received by the authority in connection with the purpose of the water conservation grant fund. |
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| 157 | 157 | | |
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| 158 | 158 | | B. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. |
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| 159 | 159 | | |
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| 160 | 160 | | C. All monies deposited in the water conservation grant fund shall be held in trust. The monies in the water conservation grant fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. |
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| 161 | 161 | | |
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| 162 | 162 | | D. The authority shall administer the fund and establish as many other accounts and subaccounts as required to administer the fund. |
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| 163 | 163 | | |
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| 164 | 164 | | E. Monies and other assets in the fund shall be used solely for the purposes authorized by this article. |
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| 165 | 165 | | |
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| 166 | 166 | | F. The annual report required by section 49-1204 shall include: |
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| 167 | 167 | | |
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| 168 | 168 | | 1. The expenditures made from the fund in the previous fiscal year. |
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| 169 | 169 | | |
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| 170 | 170 | | 2. Whether programs or projects funded by the fund in the previous fiscal year did in fact: |
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| 171 | 171 | | |
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| 172 | 172 | | (a) Result in long-term, sustainable reductions in water use. |
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| 173 | 173 | | |
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| 174 | 174 | | (b) Improve water use efficiency. |
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| 175 | 175 | | |
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| 176 | 176 | | (c) Improve water reliability. |
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| 177 | 177 | | |
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| 178 | 178 | | 3. The environmental impacts of programs or projects funded by the fund in the previous fiscal year. END_STATUTE |
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