Texas 2011 - 82nd Regular

Texas House Bill HB1319 Compare Versions

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1	1	82R16563 TRH-F
2	2	By: Laubenberg, Creighton H.B. No. 1319
3	3	Substitute the following for H.B. No. 1319:
4	4	By: King of Zavala C.S.H.B. No. 1319
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the calculation and reporting of water usage by
10	10	municipalities and water utilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 16.053(e), Water Code, is amended to
13	13	read as follows:
14	14	(e) Each regional water planning group shall submit to the
15	15	development board a regional water plan that:
16	16	(1) is consistent with the guidance principles for the
17	17	state water plan adopted by the development board under Section
18	18	16.051(d);
19	19	(2) provides information based on data provided or
20	20	approved by the development board in a format consistent with the
21	21	guidelines provided by the development board under Subsection (d);
22	22	(3) identifies:
23	23	(A) each source of water supply in the regional
24	24	water planning area, including information supplied by the
25	25	executive administrator on the amount of managed available
26	26	groundwater in accordance with the guidelines provided by the
27	27	development board under Subsections (d) and (f);
28	28	(B) factors specific to each source of water
29	29	supply to be considered in determining whether to initiate a
30	30	drought response;
31	31	(C) actions to be taken as part of the response;
32	32	and
33	33	(D) existing major water infrastructure
34	34	facilities that may be used for interconnections in the event of an
35	35	emergency shortage of water;
36	36	(4) has specific provisions for water management
37	37	strategies to be used during a drought of record;
38	38	(5) includes but is not limited to consideration of
39	39	the following:
40	40	(A) any existing water or drought planning
41	41	efforts addressing all or a portion of the region;
42	42	(B) approved groundwater conservation district
43	43	management plans and other plans submitted under Section 16.054;
44	44	(C) all potentially feasible water management
45	45	strategies, including but not limited to improved conservation,
46	46	reuse, and management of existing water supplies, conjunctive use,
47	47	acquisition of available existing water supplies, and development
48	48	of new water supplies;
49	49	(D) protection of existing water rights in the
50	50	region;
51	51	(E) opportunities for and the benefits of
52	52	developing regional water supply facilities or providing regional
53	53	management of water supply facilities;
54	54	(F) appropriate provision for environmental
55	55	water needs and for the effect of upstream development on the bays,
56	56	estuaries, and arms of the Gulf of Mexico and the effect of plans on
57	57	navigation;
58	58	(G) provisions in Section 11.085(k)(1) if
59	59	interbasin transfers are contemplated;
60	60	(H) voluntary transfer of water within the region
61	61	using, but not limited to, regional water banks, sales, leases,
62	62	options, subordination agreements, and financing agreements; and
63	63	(I) emergency transfer of water under Section
64	64	11.139, including information on the part of each permit, certified
65	65	filing, or certificate of adjudication for nonmunicipal use in the
66	66	region that may be transferred without causing unreasonable damage
67	67	to the property of the nonmunicipal water rights holder;
68	68	(6) identifies river and stream segments of unique
69	69	ecological value and sites of unique value for the construction of
70	70	reservoirs that the regional water planning group recommends for
71	71	protection under Section 16.051;
72	72	(7) assesses the impact of the plan on unique river and
73	73	stream segments identified in Subdivision (6) if the regional water
74	74	planning group or the legislature determines that a site of unique
75	75	ecological value exists; [and]
76	76	(8) describes the impact of proposed water projects on
77	77	water quality; and
78	78	(9) includes information on:
79	79	(A) projected water use and conservation in the
80	80	regional water planning area; and
81	81	(B) the implementation of state and regional
82	82	water plan projects, including water conservation strategies,
83	83	necessary to meet the state's projected water demands.
84	84	SECTION 2. Subchapter K, Chapter 16, Water Code, is amended
85	85	by adding Sections 16.403 and 16.404 to read as follows:
86	86	Sec. 16.403. WATER USE REPORTING. (a) The board and the
87	87	commission, in consultation with the Water Conservation Advisory
88	88	Council, shall develop a uniform, consistent methodology and
89	89	guidance for calculating water use and conservation to be used by a
90	90	municipality or water utility in developing water conservation
91	91	plans and preparing reports required under this code. At a minimum,
92	92	the methodology and guidance must include:
93	93	(1) a method of calculating water use for each sector
94	94	of water users served by a municipality or water utility;
95	95	(2) a method of classifying water users within
96	96	sectors;
97	97	(3) a method of calculating water use in the
98	98	residential sector that includes both single-family and
99	99	multifamily residences, in gallons per capita per day;
100	100	(4) a method of calculating water use in the
101	101	industrial, agricultural, commercial, and institutional sectors
102	102	that is not dependent on a municipality's population or the number
103	103	of customers served by a water utility; and
104	104	(5) guidelines on the use of service populations by a
105	105	municipality or water utility in developing a per-capita-based
106	106	method of calculation, including guidance on the use of permanent
107	107	and temporary populations in making calculations.
108	108	(b) The board or the commission, as appropriate, shall use
109	109	the methodology and guidance developed under Subsection (a) in
110	110	evaluating a water conservation plan, program of water
111	111	conservation, survey, or other report relating to water
112	112	conservation submitted to the board or the commission under:
113	113	(1) Section 11.1271;
114	114	(2) Section 13.146;
115	115	(3) Section 15.106;
116	116	(4) Section 15.607;
117	117	(5) Section 15.975;
118	118	(6) Section 15.995;
119	119	(7) Section 16.012(m);
120	120	(8) Section 16.402;
121	121	(9) Section 17.125;
122	122	(10) Section 17.277;
123	123	(11) Section 17.857; or
124	124	(12) Section 17.927.
125	125	(c) The board, in consultation with the commission and the
126	126	Water Conservation Advisory Council, shall develop a data
127	127	collection and reporting program for municipalities and water
128	128	utilities with more than 3,300 connections.
129	129	(d) Not later than January 1 of each odd-numbered year, the
130	130	board shall submit to the legislature a report that includes the
131	131	most recent data relating to:
132	132	(1) statewide water usage in the residential,
133	133	industrial, agricultural, commercial, and institutional sectors;
134	134	and
135	135	(2) the data collection and reporting program
136	136	developed under Subsection (c).
137	137	Sec. 16.404. RULES AND STANDARDS. (a) Except as provided
138	138	by Subsection (b), the commission and the board, as appropriate,
139	139	shall adopt rules and standards as necessary to implement this
140	140	subchapter. At a minimum, the rules adopted under this section must
141	141	require a municipality or water utility to report the most detailed
142	142	level of water use data currently available to the municipality or
143	143	water utility.
144	144	(b) The commission or board may not adopt a rule that
145	145	requires a municipality or water utility to report water use data
146	146	that is more detailed than the billing system of the municipality or
147	147	water utility is capable of producing.
148	148	(c) The commission or board may require that a billing
149	149	system purchased by a municipality or water utility after September
150	150	1, 2011, be capable of reporting detailed water use data in a manner
151	151	prescribed by the commission or board.
152	152	SECTION 3. (a) Not later than January 1, 2013, the Texas
153	153	Water Development Board and the Texas Commission on Environmental
154	154	Quality, in consultation with the Water Conservation Advisory
155	155	Council, shall develop the water use and conservation calculation
156	156	methodology and guidance and the data collection and reporting
157	157	program required by Sections 16.403(a) and (c), Water Code, as
158	158	added by this Act.
159	159	(b) Not later than January 1, 2015, the Texas Water
160	160	Development Board shall submit to the legislature the first report
161	161	required by Section 16.403(d), Water Code, as added by this Act.
162	162	SECTION 4. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2011.