2011S0036-1 11/03/10
By: Shapiro, Watson, Seliger S.B. No. 181
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of water conservation measures by
municipalities and water utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 16, Water Code, is amended
by adding Section 16.403 to read as follows:
Sec. 16.403. WATER CONSERVATION REPORTING. (a) The
legislature finds that:
(1) tracking the implementation of water conservation
strategies or projects as part of the state water plan is necessary
in order to evaluate the extent to which the water planning process
is aiding the state's ability to meet future water demands;
(2) gallons per capita per day, the common metric used
by municipalities and water utilities for water supply planning and
conservation implementation and tracking, is not an accurate
measure of water conservation, because a uniform, consistent
methodology for the calculation of gallons per capita per day has
not been established;
(3) using a single gallons per capita per day metric to
compare the water use and conservation of municipalities and
utilities does not produce a reliable comparison, because water use
and conservation depend on several variables, such as differences
in the amount of water used for power production and commercial and
industrial sector activities, permanent versus temporary service
populations, and agricultural sector production;
(4) a utility or municipality's industrial and
agricultural sector gallons per capita per day figures are not an
accurate measure of actual water use and conservation by entities
within those sectors, because water use in the industrial and
agricultural sectors is not population-dependent and thus not
accurately calculated using a population-based metric; and
(5) a sector-based water conservation metric is
necessary in order to provide an accurate comparison of water
conservation progress among utilities and municipalities.
(b) Not later than September 1, 2012, the board and the
commission, in consultation with the Water Conservation Advisory
Council, shall develop uniform methodology and guidance for
calculating and reporting municipal water use and conservation for
use in water conservation plans and reports that, at a minimum,
include:
(1) a uniform methodology for municipalities and water
utilities on how to calculate water use and conservation for
various sectors of water users, including guidance for categorizing
water users within sectors;
(2) a uniform gallons per capita per day methodology
for residential sector use that includes both single-family
residential and multifamily residential use;
(3) a uniform gallons per capita per day methodology
for commercial and institutional sector use;
(4) a uniform methodology for calculating industrial
and agricultural sector use that is not population-dependent; and
(5) guidance for municipalities and water utilities in
the use of service populations when developing per capita-based
calculations, in consideration of permanent and temporary service
populations, as appropriate.
(c) On development of the uniform methodology and guidance
under Subsection (b), the board and the commission shall
incorporate the uniform methodology and guidance into the plans and
reports required under Sections 11.1271, 13.146, and 15.106.
(d) The board shall work with the commission and the Water
Conservation Advisory Council on the development of a data
collection and reporting program to be implemented in phases,
according to size of utility, over a five-year period. This data
collection and reporting program shall be required of all
municipalities and water utilities not later than January 1, 2017.
(e) Beginning January 1, 2013, the board shall submit an
annual report to the legislature that includes the most recent data
on statewide water usage in each of the major water use sectors
described by Subsections (b)(2) and (3). The report shall include
information on projected water use and conservation and the status
of the implementation of state water plan projects to meet the
state's projected water demands.
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, 2011.