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A BILL TO BE ENTITLED
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AN ACT
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relating to an assessment of the condition of certain water |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 6, Water Code, is amended |
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by adding Section 6.116 to read as follows: |
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Sec. 6.116. WATER ACCESS ASSESSMENT. (a) In this section: |
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(1) "Access assessment" means the water access |
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assessment established under this section. |
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(2) "Utility" means a retail public utility, as |
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defined by Section 13.002. |
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(b) The board by rule and in consultation with the |
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commission, the Public Utilities Commission of Texas, and |
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institutions of higher education, as defined by Section 61.003, |
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Education Code, shall establish: |
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(1) a water access assessment to determine the extent |
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of water access needs among utilities in this state; and |
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(2) a schedule that ensures that an access assessment |
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is conducted not less than once every 10 years for each utility. |
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(c) The access assessment must identify utilities that are |
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failing or at risk of failing through a ranking system that |
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evaluates and assigns numerical values to factors including: |
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(1) the overall condition of the utility's |
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infrastructure, including: |
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(A) the utility system's age; |
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(B) the presence of lead service lines; |
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(C) the presence of cast-iron pipes more than 30 |
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years old; |
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(D) the utility's rates of water loss; |
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(E) the number of interconnections to other |
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systems; and |
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(F) susceptibility to extreme weather; |
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(2) availability of water to the utility, including |
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the utility's: |
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(A) number of water sources; |
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(B) drought and water shortage risk; |
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(C) groundwater production sustainability; and |
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(D) reliance on bottled or hauled water; |
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(3) the quality of the utility's water, including |
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whether the utility has any drinking water quality standard |
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violations; |
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(4) affordability of services the utility provides, as |
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determined by: |
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(A) median income of households the utility |
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serves; |
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(B) the average monthly amount the utility bills |
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to its customers relative to the average monthly billing amounts |
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among similarly sized utilities; |
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(C) rural areas the utility serves; and |
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(D) disadvantaged areas the utility serves; and |
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(5) the financial, managerial, and technical capacity |
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of the utility as indicated by factors including: |
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(A) certification violations of the utility's |
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operators; |
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(B) the utility's monitoring and reporting |
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violations; |
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(C) the utility's absence of a qualified |
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workforce; and |
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(D) the ratio of the utility's revenues to its |
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operating expenses. |
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(d) For each utility that an access assessment identifies as |
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failing or at risk of failing, the board shall send notice of the |
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identification to: |
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(1) the utility; |
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(2) the commission; |
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(3) the Public Utility Commission of Texas; and |
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(4) each standing committee of the legislature with |
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primary jurisdiction over the board. |
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(e) The board shall make available on its Internet website |
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the result of an access assessment performed under this section. |
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(f) In implementing this section, the board may: |
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(1) consult with the commission and the Public Utility |
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Commission of Texas in the development of category risk factors, |
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associated rankings of factors, and the development of scoring |
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thresholds for identifying utilities that are failing or at risk of |
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failing; |
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(2) reevaluate the risk factors and the factors' |
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associated numerical values every two years; |
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(3) enter into a memorandum of understanding with the |
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commission, the Public Utility Commission of Texas, and the |
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Department of State Health Services for the open transfer and |
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sharing of utilities' data, including critical infrastructure |
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data; and |
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(4) contract or otherwise partner with an institution |
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of higher education for the purposes of conducting a water access |
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assessment. |
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SECTION 2. This Act takes effect September 1, 2023. |