Texas 2009 - 81st Regular

Texas House Bill HB4299 Compare Versions

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1	1	By: Rose (Senate Sponsor - Averitt) H.B. No. 4299
2	2	(In the Senate - Received from the House May 15, 2009;
3	3	May 18, 2009, read first time and referred to Committee on Natural
4	4	Resources; May 23, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 9, Nays 0;
6	6	May 23, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 4299 By: Averitt
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to rainwater harvesting and other water conservation
13	13	initiatives.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 59, Finance Code, is
16	16	amended by adding Section 59.012 to read as follows:
17	17	Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED
18	18	RAINWATER. Financial institutions may consider making loans for
19	19	developments that will use harvested rainwater as the sole source
20	20	of water supply.
21	21	SECTION 2. Section 447.004, Government Code, is amended by
22	22	amending Subsection (c-1) and adding Subsection (c-3) to read as
23	23	follows:
24	24	(c-1) The procedural standards adopted under this section
25	25	must require that:
26	26	(1) on-site reclaimed system technologies, including
27	27	rainwater harvesting, condensate collection, or cooling tower blow
28	28	down, or a combination of those system technologies, for nonpotable
29	29	indoor use and landscape watering be incorporated into the design
30	30	and construction of:
31	31	(A) [(1)] each new state building with a roof
32	32	measuring at least 10,000 square feet; and
33	33	(B) [(2)] any other new state building for which
34	34	the incorporation of such systems is feasible;
35	35	(2) rainwater harvesting system technology for
36	36	nonpotable indoor use and landscape watering be incorporated into
37	37	the design and construction of each new state building with a roof
38	38	measuring at least 10,000 square feet that is located in an area of
39	39	this state in which the average annual rainfall is at least 20
40	40	inches; and
41	41	(3) at least 25 percent of the roof area of a building
42	42	described by Subdivision (2) be used for rainwater collection.
43	43	(c-3) The procedural standards required by Subsections
44	44	(c-1)(2) and (3) apply to a building described by Subsection
45	45	(c-1)(2) unless Subsection (c-2) applies or the state agency or
46	46	institution of higher education constructing the building provides
47	47	the state energy conservation office evidence that the amount of
48	48	rainwater that will be harvested from one or more existing
49	49	buildings at the same location is equivalent to the amount of
50	50	rainwater that could have been harvested from the new building had
51	51	rainwater harvesting system technology been incorporated into its
52	52	design and construction.
53	53	SECTION 3. Section 341.042(b), Health and Safety Code, is
54	54	amended to read as follows:
55	55	(b) The commission by rule shall provide that if a structure
56	56	is connected to a public water supply system and has a rainwater
57	57	harvesting system, [for indoor use:
58	58	[(1)] the structure must have appropriate
59	59	cross-connection safeguards[; and
60	60	[(2) the rainwater harvesting system may be used only
61	61	for nonpotable indoor purposes].
62	62	SECTION 4. Chapter 580, Local Government Code, is amended
63	63	by adding Section 580.004 to read as follows:
64	64	Sec. 580.004. RAINWATER HARVESTING. (a) Each municipality
65	65	and county is encouraged to promote rainwater harvesting at
66	66	residential, commercial, and industrial facilities through
67	67	incentives such as the provision at a discount of rain barrels or
68	68	rebates for water storage facilities.
69	69	(b) Each municipality or county that has adopted impervious
70	70	cover or density restrictions shall consider the use in a
71	71	development of harvested rainwater as an on-site water supply
72	72	source in determining whether to grant the development a credit
73	73	against or exemption from the restrictions.
74	74	(c) The Texas Water Development Board shall ensure that
75	75	training on rainwater harvesting is available for the members of
76	76	the permitting staffs of municipalities and counties at least
77	77	quarterly. Members of the permitting staffs of counties and
78	78	municipalities are encouraged to receive the training. The Texas
79	79	Water Development Board may provide the training by seminars or by
80	80	videotape or functionally similar and widely available media
81	81	without cost.
82	82	(d) A municipality or county may not deny a building permit
83	83	solely because the facility will implement rainwater harvesting.
84	84	(e) Each school district is encouraged to implement
85	85	rainwater harvesting at facilities of the district.
86	86	SECTION 5. Section 202.007(d), Property Code, is amended to
87	87	read as follows:
88	88	(d) This section does not:
89	89	(1) restrict a property owners' association from
90	90	regulating the requirements, including size, type, shielding, and
91	91	materials, for or the location of a composting device[, rain
92	92	barrel, rain harvesting device, or any other appurtenance] if the
93	93	restriction does not prohibit the economic installation of the
94	94	device [or appurtenance] on the property owner's property where
95	95	there is reasonably sufficient area to install the device [or
96	96	appurtenance];
97	97	(2) require a property owners' association to permit a
98	98	device [or appurtenance] described by Subdivision (1) to be
99	99	installed in or on property:
100	100	(A) owned by the property owners' association;
101	101	(B) owned in common by the members of the
102	102	property owners' association; or
103	103	(C) in an area other than the fenced yard or patio
104	104	of a property owner;
105	105	(3) prohibit a property owners' association from
106	106	regulating the installation of efficient irrigation systems,
107	107	including establishing visibility limitations for aesthetic
108	108	purposes;
109	109	(4) prohibit a property owners' association from
110	110	regulating the installation or use of gravel, rocks, or cacti; [or]
111	111	(5) restrict a property owners' association from
112	112	regulating yard and landscape maintenance if the restrictions or
113	113	requirements do not restrict or prohibit turf or landscaping design
114	114	that promotes water conservation; or
115	115	(6) require a property owners' association to permit a
116	116	rain barrel or rainwater harvesting system to be installed in or on
117	117	property if:
118	118	(A) the property is:
119	119	(i) owned by the property owners'
120	120	association;
121	121	(ii) owned in common by the members of the
122	122	property owners' association; or
123	123	(iii) located between the front of the
124	124	property owner's home and the adjacent street; or
125	125	(B) the barrel or system:
126	126	(i) is of a color other than:
127	127	(a) the original manufacturer's
128	128	color; or
129	129	(b) a color consistent with the color
130	130	scheme of the property owner's home; or
131	131	(ii) displays any language or other content
132	132	that is not typically displayed by such a barrel or system as it is
133	133	manufactured.
134	134	SECTION 6. Section 1.003, Water Code, is amended to read as
135	135	follows:
136	136	Sec. 1.003. PUBLIC POLICY. It is the public policy of the
137	137	state to provide for the conservation and development of the
138	138	state's natural resources, including:
139	139	(1) the control, storage, preservation, and
140	140	distribution of the state's storm and floodwaters and the waters of
141	141	its rivers and streams for irrigation, power, and other useful
142	142	purposes;
143	143	(2) the reclamation and irrigation of the state's
144	144	arid, semiarid, and other land needing irrigation;
145	145	(3) the reclamation and drainage of the state's
146	146	overflowed land and other land needing drainage;
147	147	(4) the conservation and development of its forest,
148	148	water, and hydroelectric power;
149	149	(5) the navigation of the state's inland and coastal
150	150	waters;
151	151	(6) the maintenance of a proper ecological environment
152	152	of the bays and estuaries of Texas and the health of related living
153	153	marine resources; [and]
154	154	(7) the voluntary stewardship of public and private
155	155	lands to benefit waters of the state; and
156	156	(8) the promotion of rainwater harvesting for potable
157	157	and nonpotable purposes at public and private facilities in this
158	158	state, including residential, commercial, and industrial
159	159	buildings.
160	160	SECTION 7. Section 16.0121, Water Code, is amended by
161	161	amending Subsection (b) and adding Subsection (g) to read as
162	162	follows:
163	163	(b) Except as provided by Subsection (g) [Every five years],
164	164	a retail public utility providing potable water shall perform and
165	165	file with the board, every five years, a water audit computing the
166	166	utility's most recent annual system water loss.
167	167	(g) A retail public utility shall perform and file with the
168	168	board a water loss audit annually if the utility is receiving any
169	169	financial assistance from the board.
170	170	SECTION 8. If the 81st Legislature makes an appropriation
171	171	to the Texas Water Development Board to provide matching grants to
172	172	political subdivisions of this state for rainwater harvesting
173	173	demonstration projects, the board shall, not later than December 1,
174	174	2010, provide a report to the lieutenant governor and the speaker of
175	175	the house of representatives regarding the projects for which the
176	176	board has provided grants, including:
177	177	(1) a description of each project; and
178	178	(2) the amount of the grant provided for each project.
179	179	SECTION 9. This Act does not make an appropriation. A
180	180	provision of this Act that creates a new governmental program,
181	181	creates a new entitlement, or imposes a new duty on a governmental
182	182	entity is not mandatory during a fiscal period for which the
183	183	legislature has not made a specific appropriation to implement the
184	184	provision.
185	185	SECTION 10. This Act takes effect September 1, 2009.
186	186	* * * * *