Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,979
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does not adversely affect a local economy in a material way
for the first five years that the proposed rule is in effect be-
cause it will impose no new requirements on local economies.
The TWDB also has determined that there will be no adverse
economic effect on small businesses or micro-businesses as
a result of enforcing this rulemaking because the rules are
not regulatory and are not directed at private small or mi-
cro-businesses. The TWDB also has determined that there is
no anticipated significant economic cost to persons who are
required to comply with the rulemaking as proposed. Therefore,
no regulatory flexibility analysis is necessary.
REGULATORY ANALYSIS
The TWDB has determined that the proposed rulemaking is not
subject to Government Code 2001.0225 because it is not a ma-
jor environmental rule under that section.
TAKINGS IMPACT ASSESSMENT
The TWDB has determined that the promulgation and enforce-
ment of this proposed rulemaking will constitute neither a statu-
tory nor a constitutional taking of private real property. The pro-
posed rule does not adversely affect a landowner's rights in pri-
vate real property, in whole or in part, temporarily or permanently,
because the proposed rule does not burden or restrict or limit the
owner's right to or use of property. Therefore, the proposed rule-
making does not constitute a taking under Texas Government
Code, Chapter 2007, or the Texas Constitution.
SUBMISSION OF COMMENTS
Comments on the proposed rulemaking will be accepted for
30 days following publication in the Texas Register and may
be submitted to Legal Services, Texas Water Development
Board, P.O. Box 13231, Austin, Texas 78711-3231, rulescom-
ments@twdb.texas.gov, or by fax at (512) 475-2053.
STATUTORY AUTHORITY
This rulemaking is proposed under the authority of TWC 6.101,
which authorizes the TWDB to adopt rules necessary to carry out
the powers and duties of the TWDB, and TWC 16.402(e), which
requires the TWDB and the TCEQ to jointly adopt rules requir-
ing the methodology and guidance for calculating water use and
conservation developed under TWC 16.403 to be used in the
water conservation annual reports required by TWC 16.402(b).
This rulemaking affects Texas Water Code Chapters 15, 16, and
17.
363.15. Required Water Conservation Plan.
(a) (No change.)
(b) The water conservation plan required under subsection (a)
of this section must be new or revised to include five-year and ten-year
targets for water savings, unless the applicant has[, since May 1 2005,]
implemented an approved water conservation plan that meets the re-
quirements of this section, and that has been in effect for less than
five years. The water conservation plan shall include an evaluation
of the applicant's water and wastewater system and customer water use
characteristics to identify water conservation opportunities and shall set
goals to be accomplished by water conservation measures. The water
conservation plan shall provide information in response to the follow-
ing minimum requirements. If the plan does not provide information
for each minimum requirement, the applicant shall include in the plan
an explanation of why the requirement is not applicable.
(1) Minimum requirements. Water conservation plans
shall include the following elements:(A) a utility profile including, but not limited to, infor-
mation regarding population and customer data, water use data, water
supply system data, and wastewater system data at the most detailed
level of water use data currently available and in accordance with the
methodology and guidance for calculating water use and conservation
developed and maintained by the executive administrator in coordina-
tion with the commission under Texas Water Code 16.403. The utility
profile must include the classification of water sales and uses for the
following sectors, as appropriate:[;]
(i) residential;
(I) single-family;
(II) multi-family;
(ii) commercial;
(iii) institutional;
(iv) industrial;
(v) agricultural; and
(vi) wholesale.
(B) specific, quantified five-year and ten-year targets
for water savings to include goals for water loss programs [in gallons
per eapita per day,] and goals for municipal use[;] in total gallons per
capita per day and residential gallons per capita per day. As used
herein, "municipal use" means the use of potable water or sewer efflu-
ent for residential, commercial, industrial, agricultural, institutional,
and wholesale uses by an individual or entity that supplies water to
the public for human consumption;
(C) - (M) (No change.)
(2) (No change.)
(c) Pursuant to Water Code 15.106(c), 17.125(c), 17.277(c),
and 17.857(c), an applicant is not required to provide a water conser-
vation plan if the board determines an emergency exists; the amount
of financial assistance to be provided is $500,000 or less; or the board
finds that implementation of a water conservation program is not rea-
sonably necessary to facilitate water conservation; or the application is
for flood control purposes under Water Code, Chapter 17, Subchapter
G.
(1) - (2) (No change.)
(d) - (f) (No change.)
(g) Annual reports.
(1) Each entity that is required to submit a water conser-
vation plan to the board or the commission, other than a recipient of
financial assistance from the board, shall file a report annually not later
than May 1st [May 2 , l and annually thereafter] to the executive
administrator on the entity's progress in implementing each of the min-
imum requirements in the water conservation plan.
(2) - (3) (No change.)
(h) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 20,
2012.
TRD-201204992PROPOSED RULES October 5, 2012 37 TexReg 7979
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/165/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.