Water Conservation Act

AN ACT TO REQUIRE PUBLIC WATER SYSTEMS AND SEWAGE TREATMENT PLANTS TO IMPLEMENT WATER CONSERVATION PRACTICES

(1) “Public water system” means a system in the state that:

(a) Provides to the public water for human consumption through pipes or other constructed conveyances; and

(b)

(i) Has at least 15 service connections; or
(ii) Regularly serves at least 25 individuals.

(2) “Public water system” includes:

(a) Any collection, treatment, storage, or distribution facility that is under the control of the operator of the system and is used primarily in connection with the system; and

(b) Any collection or pretreatment storage facility that is not under the control of the operator of the system and is used primarily in connection with the system.

(C) “Sewage treatment plant” means any publicly or privately owned facility constructed to receive and treat human sewage that is subject to a state discharge permit and discharges at least 500,000 gallons per day.

(D) “National Pollutant Discharge Elimination System” means the national system for issuing permits as designated by the Federal Water Pollution Control Act, and is a pollutant discharge system located in the state. 

(E) “Water conservation” means the use of practices, techniques, and technologies that:

(1) Reduce the consumption, loss, or waste of water;

(2) Improve efficiency in the use of water; or

(3) Make more efficient use of water or wastewater treatment infrastructure.

Section 2.

This Act applies to public water systems serving at least 10,000 individuals and sewage treatment plants discharging at least 500,000 gallons per day that:

(1) Apply for a new, renewed, or amended water appropriation;

(2) Do not have an appropriation permit;

(3) Apply for a new or amended National Pollutant Discharge Elimination System (NPEDS) permit; or

(4) Apply for state financial assistance including the [list relevant state water project funding programs] and any other state funding source.

Section 3.

It is the policy of the State of [insert] to:

(1) Encourage investment in cost-effective measures that improve the efficiency with which water and wastewater are used, treated, stored, and transmitted in the state;

(2) Reduce costs associated with using, treating, storing, and transmitting water and wastewater; and

(3) Protect the state's natural resources, including the fish and wildlife of all waters and waterways of the state.

Section 4.

(A) When applying for a new or expanded water appropriation or wastewater discharge permit, or state financial assistance, public water systems and sewage treatment plants shall include a description of Best Management Practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water or wastewater is used, treated, stored, and transmitted. The application shall also include a schedule for the implementation of Best Management Practices.

(B) Best Management Practices may include the following:

(1) Practices designed to measure the amount of water conveyed through the system's infrastructure to water users, such as universal metering;

(2) Audits of large-volume users;

(3) Reuse and recycling of water for nonpotable, nonresidential applications;

(4) Wastewater reclamation and recycling programs;

(5) Retrofit programs;

(6) Efficiency in landscape design and irrigation techniques;

(7) Management of system pressure to reduce usage;

(8) Fixture replacement programs;

(9) Water and wastewater pricing structures that encourage improved efficiency;

(10) Rebates and other financial incentives;

(11) An education program for users designed to promote increased efficiency and conservation; and

(12) Promotion or adoption of local water-use ordinances that encourage water conservation.

Section 5.

(A) In reviewing requests for new, renewed, or expanded water appropriation or wastewater discharge permits by public water systems or sewage treatment plants, as defined by this act, the department shall consider existing local initiatives and voluntary efforts and Best Management Practices set forth for implementation within a permit application.  No permits will be granted without approval of the department after consideration of these Best Management Practices.

(B) In reviewing and prioritizing requests by public water systems or sewage treatment plants, as defined by this subtitle, for state financial assistance through the [list relevant programs and funds], the department shall consider local initiatives and voluntary efforts, and the Best Management Practices set forth for implementation within a financial assistance application.

(C) On or before [insert date], the department shall issue guidelines to public water systems and sewage treatment plants on Best Management Practices for improving water conservation and efficiency in water and wastewater use, treatment, storage, and transmission, including:

(1) Costs and cost-savings associated with implementing examples of specific best management practices;

(2) Water conservation savings associated with implementing specific Best Management Practices; and

(3) Priority eligibility for funding through state financial resources for drinking water and wastewater treatment improvements including the [list relevant state water project funding programs] and other state or federal financial assistance when Best Management Practices are implemented.

Section 6.

Be it further enacted, that this Act shall take effect on [date].