By: Puente H.B. No. 3338
A BILL TO BE ENTITLED
AN ACT
relating to requiring water rights applicants and holders, water
utilities, and conservation and reclamation districts to adopt and
implement certain water conservation measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
SECTION 1. Section 11.1271, Water Code, is amended by
adding Subsections (d) and (e) as follows:
(d) In addition to the above requirements of Subsections (a)
and (b), a retail or wholesale water supplier shall include with the
application a commitment to:
(1) complete and submit to the Commission and the Board an
annual water audit and performance indicators report, using the
methodology developed by the International Water Association. The
audit will be phased in over three years The audit shall be phased
in over no longer than three years. If requested, a copy of the
report shall be submitted to the commission and/or the board each
year.
A. At the end of years one and two, the utility shall
complete a high level top down water loss report. Water loss shall
be calculated using methodology developed by the International
Water Association.
B. At the end of year three, each utility shall complete,
i. an adjusted water loss report based on the completion of
a bottom-up audit at the end of the third year. The bottom-up audit
shall include evaluation of meter accuracy, billing and account
history, and operational records.
ii. A summarized water loss report that includes a
performance indicators report based on International Water
Association methodology.
iii. An analysis showing the utility has reduced leakage
through a leakage reduction program to the economic level of
leakage, which is defined as the level beyond which it is no longer
cost-effective to the utility to finance additional leakage
reduction; or a detailed plan and funding commitment to reduce
leakage to the economic level of leakage within three years.
(2) implementation and enforcement of regulations or
ordinances prohibiting water waste by leaking of any kind or
wasting of water during irrigation or car washing, cooling using
misters or any type of spray evaporation, and once through cooling
equipment such as ice makers, pumps, dental vacuum pumps, medical
devices, etc.; and
(3) adopt and enforce rules or ordinances requiring;
A. compliance by any structure with plumbing fixtures with
the plumbing standards in Chapter 372.002, Health and Safety Code:
i. either by date certain, not later than January 1, or
ii. at the time of sale of the structure, or
B. retrofit of the plumbing fixtures before the water
supplier provides or transfers service to a new customer.
(e) The water conservation plan required by this section
shall include a report to the commission and board on the number of
plumbing fixtures, by building type, retrofitted each year.
(f) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 2. The heading to Section 13.136, Water Code is
amended to read as follows:
Sec. 13.136. FILING TARIFFS OF RATES, RULES, AND
REGULATIONS; ANNUAL FINANCIAL REPORT; WATER AUDIT REPORT
SECTION 3. Section 13.136 (d) is amended by adding
Subsection (d) to read as follows:
(d) A water supply corporation or water utility annually
shall complete and submit to the commission and executive
administrator of the Texas Water Development Board a water audit
and performance indicators report, using methodology developed by
the International Water Association as set out in Water Code
Section 11.1271 (d)(1).
(e) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 4. Subchapter A, Chapter 15, Water Code is amended
by adding Section 15.009 to read as follows:
Sec. 15.009. WATER AUDIT AND PERFORMANCE INDICATORS REPORT;
CONSERVATION REQUIREMENTS. An applicant for financial assistance
under this chapter must submit with the application for financial
assistance a commitment to:
(1) complete and submit to the executive administrator a
water audit and performance indicators report using the methodology
developed by the International Water Association as described in
11.1271(d) (1).
(2) adopt and enforce rules or ordinances requiring
prohibiting water waste by leaking or wasting of water during
irrigation, car washing, cooling by misters or any type of spray
evaporation, and once through cooling equipment such as ice makers,
pumps, dental vacuum pumps, medical devices, and
(3) adopt and enforce rules requiring:
(A) compliance by any structure with plumbing fixtures
receiving or to receive service from the water utility with the
plumbing standards in Chapter 372.002, Health and Safety Code.
(i) by date certain, no later than January 1, 2006, or
(ii) at the time of sale of the structure, or
(B) by adopting water utility service rules and regulations
requiring a retrofit of the plumbing fixtures before the water
utility provides or transfers service to a new customer.
(4) if a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 5. Subchapter C, Chapter 16, Water Code is amended
by adding Section 16.060 as follows:
SECTION 16.060. WATER AUDIT AND PERFORMANCE INDICATORS
REPORT; CONSERVATION REQUIREMENTS.
Every retail and wholesale water utility shall comply with
Water Code Section 11.1271 (b)(1)(a).
(a) A retail or wholesale water utility shall complete and
submit to the executive administrator a water audit and performance
indicators report using the methodology developed by the
International Water Association as described in 11.1271(d)(1).
(b) A retail or wholesale water utility shall adopt and
enforce rules or ordinances that:
(1) prohibit water waste by leaking or wasting of water
during irrigation, car washing, cooling by misters or any type of
spray evaporation, and once through cooling equipment such as ice
makers, pumps, dental vacuum pumps, medical devices, and
(3) require;
(A) compliance by any structure with plumbing fixtures
receiving or to receive service from the water utility with the
plumbing standards in Chapter 372.002, Health and Safety Code.
(i) by date certain, no later than January 1, 2006, or
(ii) at the time of sale of the structure, or
(B) by adopting water utility service rules and regulations
requiring a retrofit of the plumbing fixtures before the water
utility provides or transfers service to a new customer.
(d) Not later than March 1 of each year, a retail or water
utility shall file a report with the commission describing the
water utility's water waste rules, the enforcement of those rules
and the number of fixtures, by type of building, retrofitted during
the previous calendar year.
(e) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 6 Subchapter E, Chapter 17, Water Code, is amended
by adding 17.190 to read as follows:
Sec. 17.190 WATER AUDIT AND PERFORMANCE INDICATORS REPORT;
CONSERVATION REQUIREMENTS. An applicant for financial assistance
under this chapter must submit with the application for financial
assistance a commitment to:
(1) complete and submit to the executive administrator a
water audit and performance indicators report using the methodology
developed by the International Water Association as described in
11.1271 (d) (1).
(2) adopt and enforce rules or ordinances requiring
prohibiting water waste by leaking or wasting of water during
irrigation, car washing, cooling by misters or any type of spray
evaporation, and once through cooling equipment such as ice makers,
pumps, dental vacuum pumps, medical devices, and
(3) adopt and enforce rules requiring:
(A) compliance by any structure with plumbing fixtures
receiving or to receive service from the water utility with the
plumbing standards in Chapter 372.002, Health and Safety Code.
(i) by date certain, no later than January 1, 2006, or
(ii) at the time of sale of the structure, or
(B) by adopting water utility service rules and regulations
requiring a retrofit of the plumbing fixtures before the water
utility provides or transfers service to a new customer.
(4) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 7. Section 36.111, Water Code, is amended to read as
follows:
(a) [The] A district shall require that records be kept and
reports be made of the drilling, equipping, and completing of water
wells and of the production and use of groundwater.
(b) A district shall require a public water supply system
that is a permittee of the district to report on its accountability
of groundwater usage. Accountability of groundwater usage shall
mean the ratio of groundwater sold or otherwise accounted for to
groundwater produced. A district may require a public water supply
system to maintain a certain accountability in order to receive a
permit from the district. In establishing accountability criteria,
a district may consider the unique circumstances of rural water
supply systems and may establish separate criteria for these
systems. In lieu of the accountability report required by this
section, a district may accept a water audit and performance
indicators report prepared by the public water supply system using
the methodology developed by the International Water Association as
described in 11.1271(d)(1).
(c) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 8. Subchapter H, Chapter 49, Water Code is amended
by adding Section 49.236 as follows:
Sec. 49.467 WATER AUDIT AND PERFORMANCE INDICATORS REPORT;
CONSERVATION REQUIREMENTS.
(a) A district shall complete and submit to the commission
an annual water audit and performance indicators report, using the
methodology developed by the International Water Association as
described in 11.1271(d)(1).
(b) A district shall adopt and enforce rules or ordinances
requiring;
(1) any structure with plumbing fixtures to meet the
plumbing standards established by Chapter 372.002, Health and
Safety Code:
(A) by date certain, not later than January 1, 2006 or
(B) at the time of sale of the structure, or
(2)a retrofit of the plumbing fixtures before service is
provided or transferred to a new customer.
(c) a district shall adopt and enforce rules or ordinances
prohibiting water waste by leaking or wasting of water during
irrigation, car washing, cooling by misters or any type of spray
evaporation, and once through cooling equipment such as ice makers,
pumps, dental vacuum pumps, medical devices.
(d) Not later than March 1 of each year, the district shall
file a report with the commission and the Texas Water Development
Board describing the district's water waste rules, the enforcement
of those rules and the number of fixtures, by type of building,
retrofitted during the previous calendar year.
(e) If a person fails to comply with a provision of this
chapter or a rule adopted by the commission under this chapter, the
person may be assessed, in addition to other penalties, an
administrative penalty set by the commission in an amount not to
exceed $5,000 for each violation.
SECTION 9. (a) As soon as practicable after the effective
date of this Act but not later than January 1, 2004, retail or
wholesale water suppliers and utilities, groundwater conservation
districts, and conservation and reclamation districts shall adopt
all rules required by or necessary to implement the requirements of
this Act.
(b) Not later than January 1, 2005, a retail or wholesale
water supplier shall submit to the Texas Commission on
Environmental Quality a revise water conservation plan
incorporating the requirements added by Section 11.1271 Water Code,
as amended by this Act; and
(c) Not later than March 1, 2004 an entity required by this
Act to file a water audit and performance indicators report shall
file the first of those required reports.
SECTION 10. This Act takes effect September 1, 2003.