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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of water conservation measures by |
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municipalities and water utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 16, Water Code, is amended |
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by adding Section 16.403 to read as follows: |
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Sec. 16.403. WATER CONSERVATION REPORTING. (a) The |
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legislature finds that: |
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(1) tracking the implementation of water conservation |
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strategies or projects as part of the state water plan is necessary |
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in order to evaluate the extent to which the water planning process |
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is aiding the state's ability to meet future water demands; |
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(2) gallons per capita per day, the common metric used |
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by municipalities and water utilities for water supply planning and |
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conservation implementation and tracking, is not an accurate |
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measure of water conservation, because a uniform, consistent |
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methodology for the calculation of gallons per capita per day has |
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not been established; |
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(3) using a single gallons per capita per day metric to |
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compare the water use and conservation of municipalities and |
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utilities does not produce a reliable comparison, because water use |
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and conservation depend on several variables, such as differences |
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in the amount of water used for power production and commercial and |
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industrial sector activities, permanent versus temporary service |
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populations, and agricultural sector production; |
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(4) a utility or municipality's industrial and |
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agricultural sector gallons per capita per day figures are not an |
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accurate measure of actual water use and conservation by entities |
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within those sectors, because water use in the industrial and |
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agricultural sectors is not population-dependent and thus not |
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accurately calculated using a population-based metric; and |
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(5) a sector-based water conservation metric is |
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necessary in order to provide an accurate comparison of water |
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conservation progress among utilities and municipalities. |
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(b) Not later than September 1, 2012, the board and the |
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commission, in consultation with the Water Conservation Advisory |
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Council, shall develop uniform methodology and guidance for |
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calculating and reporting municipal water use and conservation for |
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use in water conservation plans and reports that, at a minimum, |
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include: |
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(1) a uniform methodology for municipalities and water |
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utilities on how to calculate water use and conservation for |
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various sectors of water users, including guidance for categorizing |
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water users within sectors; |
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(2) a uniform gallons per capita per day methodology |
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for residential sector use that includes both single-family |
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residential and multifamily residential use; |
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(3) a uniform gallons per capita per day methodology |
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for commercial and institutional sector use; |
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(4) a uniform methodology for calculating industrial |
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and agricultural sector use that is not population-dependent; and |
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(5) guidance for municipalities and water utilities in |
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the use of service populations when developing per capita-based |
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calculations, in consideration of permanent and temporary service |
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populations, as appropriate. |
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(c) On development of the uniform methodology and guidance |
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under Subsection (b), the board and the commission shall |
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incorporate the uniform methodology and guidance into the plans and |
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reports required under Sections 11.1271, 13.146, and 15.106. |
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(d) The board shall work with the commission and the Water |
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Conservation Advisory Council on the development of a data |
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collection and reporting program to be implemented in phases, |
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according to size of utility, over a five-year period. This data |
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collection and reporting program shall be required of all |
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municipalities and water utilities not later than January 1, 2017. |
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(e) Beginning January 1, 2013, the board shall submit an |
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annual report to the legislature that includes the most recent data |
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on statewide water usage in each of the major water use sectors |
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described by Subsections (b)(2) and (3). The report shall include |
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information on projected water use and conservation and the status |
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of the implementation of state water plan projects to meet the |
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state's projected water demands. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |