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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1397
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
PUBLIC
UTILITIES;
AMENDING
CHAPTER
1,
TITLE
61,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
SECTION
61
-
126,
IDAHO
CODE,
TO
DEFINE
"WASTEWATER
3
SYSTEM";
AMENDING
CHAPTER
1,
TITLE
61,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
4
NEW
SECTION
61
-
127,
IDAHO
CODE,
TO
DEFINE
"WASTEWATER
SERVICE
CONNEC
-
5
TION";
AMENDING
CHAPTER
1,
TITLE
61,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
6
SECTION
61
-
128,
IDAHO
CODE,
TO
DEFINE
"WASTEWATER
CORPORATION";
AMEND
-
7
ING
SECTION
61
-
129,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
PUBLIC
8
UTILITIES;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Chapter
1,
Title
61,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
61
-
126,
Idaho
Code,
and
to
read
as
follows:
13
61
-
126.
WASTEWATER
SYSTEM.
The
term
"wastewater
system"
when
used
in
14
this
chapter
means
any
facility
or
system
designed
or
used
primarily
for
the
15
collection,
conveyance,
storage,
treatment,
reuse,
or
disposal
of
waste
-
16
water
or
sewage,
including
pipelines,
pump
stations,
treatment
works,
la
-
17
goons,
and
related
components,
that
are
owned,
operated,
or
managed
to
pro
-
18
vide
wastewater
services.
19
SECTION
2.
That
Chapter
1,
Title
61,
Idaho
Code,
be,
and
the
same
is
20
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
21
ignated
as
Section
61
-
127,
Idaho
Code,
and
to
read
as
follows:
22
61
-
127.
WASTEWATER
SERVICE
CONNECTION.
The
term
"wastewater
service
23
connection"
when
used
in
this
chapter
means
each
individual
physical
point
24
of
discharge
where
a
customer's
private
sewage
piping
connects,
or
will
con
-
25
nect,
to
a
wastewater
system,
typically
at
the
wastewater
system's
collec
-
26
tion
main.
27
SECTION
3.
That
Chapter
1,
Title
61,
Idaho
Code,
be,
and
the
same
is
28
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
29
ignated
as
Section
61
-
128,
Idaho
Code,
and
to
read
as
follows:
30
61
-
128.
WASTEWATER
CORPORATION.
(1)
The
term
"wastewater
corpora
-
31
tion"
when
used
in
this
chapter
includes
every
person
and
corporation,
as
32
those
terms
are
defined
in
this
chapter,
including
their
lessees
and
desig
-
33
nated
agents,
owning,
controlling,
operating,
or
managing
any
wastewater
34
system
for
compensation
within
the
state.
35
(2)
A
wastewater
corporation
serving
a
wastewater
system
with
fewer
36
than
one
hundred
(100)
wastewater
service
connections
that
are
actively
37
flowing
or
in
which
the
customer
pays
a
fee
for
standby,
ready
-
to
-
serve,
or
38
2
capacity
reservation
purposes
shall
not
be
considered
a
wastewater
corpora
-
1
tion
and
shall
be
exempt
from
regulation
as
a
public
utility.
2
(3)
The
public
utilities
commission
may
assess
reasonable
fees
to
a
3
wastewater
corporation
that
is
subject
to
its
regulation.
The
fee
shall
not
4
exceed
the
reasonable
costs
incurred
by
the
commission
for
the
oversight
and
5
regulation
of
the
wastewater
corporation.
6
SECTION
4.
That
Section
61
-
129,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
61
-
129.
PUBLIC
UTILITY.
The
term
"public
utility"
when
used
in
this
9
act
includes
every
common
carrier,
pipeline
corporation,
gas
corporation,
10
electrical
corporation,
telephone
corporation
and
,
water
corporation,
and
1
1
wastewater
corporation
that
has
been
classified
as
a
public
utility
pursuant
12
to
this
chapter,
as
those
terms
are
defined
in
this
chapter
and
each
thereof
13
is
hereby
declared
to
be
a
public
utility
and
to
be
subject
to
the
jurisdic
-
14
tion,
control
and
regulation
of
the
commission
and
to
the
provisions
of
this
15
act.
The
term
"public
utility"
as
used
in
this
act
shall
cover
cases:
16
(1)
Where
the
service
is
performed
and
the
commodity
delivered
directly
17
to
the
public
or
some
portion
thereof,
and
where
the
service
is
performed
or
18
the
commodity
delivered
to
any
corporation
or
corporations,
or
any
person
or
19
persons,
who
in
turn,
either
directly
or
indirectly
or
mediately
or
immedi
-
20
ately,
performs
the
services
or
delivers
such
commodity
to
or
for
the
public
21
or
some
portion
thereof;
and
22
(2)
Where
a
pipeline
corporation
delivers
the
commodity
to
any
corpo
-
23
ration,
person,
their
lessees,
receivers
or
trustees
regardless
of
whether
24
it
offers
the
pipeline
service
or
commodity
to
the
public
or
some
portion
25
thereof.
Such
pipeline
shall
be
subject
to
the
safety
supervision
and
reg
-
26
ulation
of
the
commission
only,
unless
and
until
such
pipeline
corporation
27
makes
application
to
the
commission
to
be
regulated
generally
as
a
public
28
utility.
29
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32