| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to water conservation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 10.011, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 10.011. REPORT. Not later than December 1 of each |
|
|
even-numbered year, the council shall submit to the governor, |
|
|
lieutenant governor, and speaker of the house of representatives a |
|
|
report on progress made in water conservation in this state. The |
|
|
report must include recommendations for necessary and desirable |
|
|
legislation. |
|
|
SECTION 2. Section 16.0121, Water Code, is amended by |
|
|
amending Subsections (b), (c), and (f) and adding Subsection (g) to |
|
|
read as follows: |
|
|
(b) A [Except as provided by Subsection (b-1), a] retail |
|
|
public utility providing potable water [that receives from the
|
|
|
board financial assistance] shall perform, review, and file with |
|
|
the board an annual water audit computing the utility's system |
|
|
water loss during the preceding year. |
|
|
(c) The board shall develop appropriate methodologies and |
|
|
submission dates for a water audit required under Subsection (b) |
|
|
[or (b-1)] for the following categories of retail public utilities: |
|
|
(1) retail public utilities serving populations of |
|
|
100,000 or more; |
|
|
(2) retail public utilities serving populations of |
|
|
50,000 or more but less than 100,000; |
|
|
(3) retail public utilities serving populations of |
|
|
more than 10,000 but less than 50,000; and |
|
|
(4) retail public utilities serving populations of |
|
|
10,000 or less. |
|
|
(f) The board shall compile the information included in the |
|
|
water audits required by Subsection [Subsections] (b) [and (b-1)] |
|
|
according to category of retail public utility and according to |
|
|
regional water planning area. The regional planning group for a |
|
|
regional planning area shall use the information to identify |
|
|
appropriate water management strategies in the development of a |
|
|
regional water plan under Section 16.053. |
|
|
(g) The board may notify the commission if the board |
|
|
determines that an entity has violated this section. |
|
|
Notwithstanding Section 7.051(b), a violation of this section is |
|
|
enforceable in the manner provided by Chapter 7 for a violation of a |
|
|
provision of this code within the commission's jurisdiction or of a |
|
|
rule adopted by the commission under a provision of this code within |
|
|
the commission's jurisdiction. |
|
|
SECTION 3. Section 16.055(h), Water Code, is amended to |
|
|
read as follows: |
|
|
(h) On receipt of the notice under Subsection (g)(2)(B), a |
|
|
[the] person or entity required to develop a drought contingency |
|
|
plan shall immediately implement the person's or entity's [water
|
|
|
conservation plan or drought contingency] plan. |
|
|
SECTION 4. Subchapter D, Chapter 17, Water Code, is amended |
|
|
by adding Section 17.1245 to read as follows: |
|
|
Sec. 17.1245. EVALUATION AND MODIFICATION OF CERTAIN |
|
|
APPLICATIONS. (a) In passing on an application for financial |
|
|
assistance from a retail public utility that provides potable water |
|
|
service to 3,300 or more connections, the board shall: |
|
|
(1) evaluate the utility's system water loss based on |
|
|
the most recent audit prepared under Section 16.0121; |
|
|
(2) evaluate for compliance with the best management |
|
|
practices the utility's water conservation plan required under |
|
|
Section 13.146; and |
|
|
(3) issue a report to a utility detailing the results |
|
|
of the evaluation conducted under Subdivision (2). |
|
|
(b) If an evaluation conducted under Subsection (a)(1) |
|
|
indicates that a utility's system water loss exceeds 15 percent |
|
|
annually, the board: |
|
|
(1) shall require the utility to amend the utility's |
|
|
application for financial assistance to include a plan to reduce |
|
|
the utility's system water loss to less than 15 percent annually; |
|
|
and |
|
|
(2) may require that a portion of financial assistance |
|
|
awarded under this chapter be used to mitigate the system water loss |
|
|
or award additional financial assistance for that purpose. |
|
|
(c) The board, by a two-thirds vote, may exempt from the |
|
|
application of Subsection (b) a utility whose system water loss |
|
|
exceeds 15 percent. |
|
|
(d) Not later than January 1 of each odd-numbered year, the |
|
|
board shall submit to the legislature a written summary of the |
|
|
results of evaluations conducted under Subsection (a)(2). |
|
|
SECTION 5. Section 16.0121(b-1), Water Code, is repealed. |
|
|
SECTION 6. Not later than May 1, 2015, a retail public |
|
|
utility providing potable water that does not receive financial |
|
|
assistance from the Texas Water Development Board shall file with |
|
|
the board the first annual water audit required by Section 16.0121, |
|
|
Water Code, as amended by this Act. The water audit must compute |
|
|
the utility's most recent annual system water loss. |
|
|
SECTION 7. Section 17.1245, Water Code, as added by this |
|
|
Act, applies only to an application for financial assistance |
|
|
submitted on or after the effective date of this Act. An |
|
|
application for financial assistance submitted before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the application was submitted, and the former law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2013. |