| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to water losses reported by certain municipally owned |
|
|
utilities to the Texas Water Development Board; authorizing |
|
|
administrative penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 16, Water Code, is amended |
|
|
by adding Section 16.0122 to read as follows: |
|
|
Sec. 16.0122. WATER AUDIT VALIDATION BY CERTAIN MUNICIPALLY |
|
|
OWNED UTILITIES. (a) In this section, "municipally owned utility" |
|
|
has the meaning assigned by Section 13.002. |
|
|
(b) This section applies only to a municipally owned utility |
|
|
that provides potable water through more than 150,000 service |
|
|
connections. |
|
|
(c) A municipally owned utility that has filed an annual |
|
|
water audit under Section 16.0121 with the board indicating that |
|
|
the utility's real water loss meets or exceeds the threshold |
|
|
established by rule under Section 16.0121 shall: |
|
|
(1) not later than the 180th day after the date the |
|
|
audit was filed, complete a validation of the audit to ensure the |
|
|
utility accurately assessed potential inaccuracies in data used in |
|
|
the audit; and |
|
|
(2) not later than the first anniversary of the date |
|
|
the audit was filed, develop and submit to the board a water loss |
|
|
mitigation plan. |
|
|
(d) A municipally owned utility that has filed an annual |
|
|
water audit under Section 16.0121 with the board indicating that |
|
|
the utility's real water loss meets or exceeds the threshold |
|
|
established by rule under Section 16.0121 for three consecutive |
|
|
audit years shall: |
|
|
(1) complete a more detailed validation of the |
|
|
utility's most current water audit to: |
|
|
(A) determine whether the implementation of |
|
|
water leakage reduction strategies is appropriate; and |
|
|
(B) investigate the accuracy of the utility's |
|
|
billing data; and |
|
|
(2) update the water loss mitigation plan developed by |
|
|
the utility under Subsection (c)(2) accordingly. |
|
|
(e) Each validation required under Subsection (c)(1) must |
|
|
be performed by a person who has completed water audit validation |
|
|
training and is certified to conduct the validation. The |
|
|
validation: |
|
|
(1) must follow board validation guidelines; and |
|
|
(2) may not be conducted by a board staff member or the |
|
|
person who submitted the water audit. |
|
|
(f) Each water loss mitigation plan developed under |
|
|
Subsection (c)(2), as updated under Subsection (d)(2), if |
|
|
applicable, must be incorporated into the utility's most recent |
|
|
water conservation plan required under Section 13.146 not later |
|
|
than the first anniversary of the date the mitigation plan is |
|
|
completed. As part of the utility's annual water conservation |
|
|
report under Section 16.402(b), the utility shall report the |
|
|
utility's progress in implementing the mitigation plan. The |
|
|
mitigation plan must include: |
|
|
(1) one-year, three-year, five-year, and ten-year |
|
|
goals for water loss mitigation; |
|
|
(2) descriptions of water loss mitigation projects or |
|
|
programs designed to meet those goals; |
|
|
(3) estimated financial savings from the |
|
|
implementation of the projects or programs under Subdivision (2); |
|
|
(4) estimated water savings from the implementation of |
|
|
the projects or programs under Subdivision (2); and |
|
|
(5) cost estimates for implementing each project or |
|
|
program under Subdivision (2). |
|
|
(g) If the utility must complete a validation under |
|
|
Subsection (d)(1), the utility shall update the water loss |
|
|
mitigation plan developed by the utility under Subsection (c)(2) to |
|
|
revise the utility's one-year, three-year, five-year, and ten-year |
|
|
goals. |
|
|
(h) Each validation required under Subsection (d)(1) must |
|
|
be performed by a person who is experienced in performing required |
|
|
validation activities. The validation: |
|
|
(1) must be based on the recommendations from the |
|
|
utility's validation performed under Subsection (c)(1); |
|
|
(2) must be completed in consultation with the person |
|
|
who completed the validation under Subsection (c)(1); |
|
|
(3) must be conducted in accordance with industry |
|
|
standards; and |
|
|
(4) may not be conducted by a board staff member or the |
|
|
person who submitted the water audit. |
|
|
(i) The commission shall assess against a municipally owned |
|
|
utility an administrative penalty of $25,000 for each violation of |
|
|
this section. |
|
|
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, 2025. |