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HF 1923

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/26/2012 05:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to waters; requiring water supply demand reduction measures; amending
Minnesota Statutes 2010, section 103G.291, subdivisions 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 103G.291, subdivision 3, is amended to
read:


Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier
serving more than 1,000 people must submit a water supply plan to the commissioner
for approval by January 1, 1996. In accordance with guidelines developed by the
commissioner, the plan must address projected demands, adequacy of the water supply
system and planned improvements, existing and future water sources, natural resource
impacts or limitations, emergency preparedness, water conservation, supply and demand
reduction measures, and allocation priorities that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification, submit it to the
commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).

(c) Public water suppliers serving more than 1,000 people must deleted text begin employdeleted text end new text begin encourage
water conservation by employing
new text end water use demand reduction measures, deleted text begin including a
conservation rate structure,
deleted text end as defined in subdivision 4, paragraph (a), deleted text begin unless exempted
under subdivision 4, paragraph (c),
deleted text end before requesting approval from the commissioner
of health under section 144.383, paragraph (a), to construct a public water supply well
or requesting an increase in the authorized volume of appropriation. deleted text begin Demand reduction
measures must include evaluation of conservation rate structures and a public education
program that may include a toilet and showerhead retrofit program.
deleted text end new text begin The commissioner
of natural resources and the water supplier shall use a collaborative process to achieve
demand reduction measures as a part of a water supply plan review process. The
Metropolitan Council shall not require a public water supplier to implement a conservation
rate structure.
new text end

(d) Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

(e) For the purposes of this section, "public water supplier" means an entity
that owns, manages, or operates a public water supply, as defined in section 144.382,
subdivision 4
.

Sec. 2.

Minnesota Statutes 2010, section 103G.291, subdivision 4, is amended to read:


Subd. 4.

deleted text begin Conservation rate structure requireddeleted text end new text begin Demand reduction measuresnew text end .

(a) For the purposes of this section, new text begin "demand reduction measures" means measures that
reduce water demand, water losses, peak water demands, and nonessential water uses.
Demand reduction measures must include a conservation rate structure, or a uniform rate
structure with a conservation program that achieves demand reduction. A
new text end "conservation
rate structure" means a rate structure that encourages conservation and may include
increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess
use rates.new text begin If a conservation rate is applied to multifamily dwellings,new text end the rate structure must
consider each residential unit as an individual user deleted text begin in multiple-family dwellingsdeleted text end .

(b) To encourage conservation, a public water supplier serving more than 1,000
people deleted text begin in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
a conservation rate structure by January 1, 2010. All remaining public water suppliers
serving more than 1,000 people shall use a conservation rate structure
deleted text end new text begin must implement
demand reduction measures
new text end by January 1, deleted text begin 2013deleted text end new text begin 2015new text end .

deleted text begin (c) A public water supplier without the proper measuring equipment to track the
amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and
the conservation rate structure requirement under subdivision 3, paragraph (c).
deleted text end