HF 2109

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:09pm

A bill for an act
relating to water; requiring conservation rate structures under certain conditions;
amending Minnesota Statutes 2012, section 103G.291, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2012, 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 encourage
water conservation by employing water use demand reduction measures, as defined in
subdivision 4, paragraph (a), 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. new text begin The demand reduction measures
must include a conservation rate structure, as defined in subdivision 4, unless the recharge
rates for all groundwater sources being utilized by the public water supplier are known. new text end 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.

(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 2012, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

Demand reduction measures.

(a) For the purposes of this section,
"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 "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. If a conservation
rate is applied to multifamily dwellings, the rate structure must consider each residential
unit as an individual user.

(b) To encourage conservation, a public water supplier serving more than 1,000
people must implement demand reduction measures by January 1, 2015. new text begin The demand
reduction measures must include a conservation rate structure unless the recharge rates for
all groundwater sources being utilized by the public water supplier are known.
new text end