HF 2173

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

A bill for an act
relating to waters; modifying requirement for conservation rate structure;
amending Minnesota Statutes 2008, section 103G.291, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2008, 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 employ water
use demand reduction measures, including a conservation rate structure, as defined in
subdivision 4, paragraph (a), unless exempted under subdivision 4, deleted text begin 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. Demand reduction measures must include evaluation of
conservation rate structures and a public education program that may include a toilet
and showerhead retrofit program.

(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 2008, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

Conservation rate structure required.

(a) For the purposes of this
section, "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. The rate structure must consider each residential unit as an
individual user in multiple-family dwellings.

(b) To encourage conservation, a public water supplier serving more than deleted text begin 1,000 deleted text end new text begin
2,500 new text end people 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 deleted text begin 1,000 deleted text end new text begin 2,500 new text end people shall use a conservation rate structure by January
1, 2013.

(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).