2011S0036-1 11/03/10
 
  By: Shapiro, Watson, Seliger S.B. No. 181
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of water conservation measures by
  municipalities and water utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter K, Chapter 16, Water Code, is amended
  by adding Section 16.403 to read as follows:
         Sec. 16.403.  WATER CONSERVATION REPORTING. (a)  The
  legislature finds that:
               (1)  tracking the implementation of water conservation
  strategies or projects as part of the state water plan is necessary
  in order to evaluate the extent to which the water planning process
  is aiding the state's ability to meet future water demands;
               (2)  gallons per capita per day, the common metric used
  by municipalities and water utilities for water supply planning and
  conservation implementation and tracking, is not an accurate
  measure of water conservation, because a uniform, consistent
  methodology for the calculation of gallons per capita per day has
  not been established;
               (3)  using a single gallons per capita per day metric to
  compare the water use and conservation of municipalities and
  utilities does not produce a reliable comparison, because water use
  and conservation depend on several variables, such as differences
  in the amount of water used for power production and commercial and
  industrial sector activities, permanent versus temporary service
  populations, and agricultural sector production;
               (4)  a utility or municipality's industrial and
  agricultural sector gallons per capita per day figures are not an
  accurate measure of actual water use and conservation by entities
  within those sectors, because water use in the industrial and
  agricultural sectors is not population-dependent and thus not
  accurately calculated using a population-based metric; and
               (5)  a sector-based water conservation metric is
  necessary in order to provide an accurate comparison of water
  conservation progress among utilities and municipalities.
         (b)  Not later than September 1, 2012, the board and the
  commission, in consultation with the Water Conservation Advisory
  Council, shall develop uniform methodology and guidance for
  calculating and reporting municipal water use and conservation for
  use in water conservation plans and reports that, at a minimum,
  include:
               (1)  a uniform methodology for municipalities and water
  utilities on how to calculate water use and conservation for
  various sectors of water users, including guidance for categorizing
  water users within sectors;
               (2)  a uniform gallons per capita per day methodology
  for residential sector use that includes both single-family
  residential and multifamily residential use;
               (3)  a uniform gallons per capita per day methodology
  for commercial and institutional sector use;
               (4)  a uniform methodology for calculating industrial
  and agricultural sector use that is not population-dependent; and
               (5)  guidance for municipalities and water utilities in
  the use of service populations when developing per capita-based
  calculations, in consideration of permanent and temporary service
  populations, as appropriate.
         (c)  On development of the uniform methodology and guidance
  under Subsection (b), the board and the commission shall
  incorporate the uniform methodology and guidance into the plans and
  reports required under Sections 11.1271, 13.146, and 15.106.
         (d)  The board shall work with the commission and the Water
  Conservation Advisory Council on the development of a data
  collection and reporting program to be implemented in phases,
  according to size of utility, over a five-year period. This data
  collection and reporting program shall be required of all
  municipalities and water utilities not later than January 1, 2017.
         (e)  Beginning January 1, 2013, the board shall submit an
  annual report to the legislature that includes the most recent data
  on statewide water usage in each of the major water use sectors
  described by Subsections (b)(2) and (3). The report shall include
  information on projected water use and conservation and the status
  of the implementation of state water plan projects to meet the
  state's projected water demands.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.