Proposed Legislation Would Require Some Special Utility Districts to Increase Water for Fire Suppression

SB2099 by Wentworth and its companion, HB 3609 by Miller, propose to add Section 65.301 to Chapter 65 of the Water Code to require a special utility district whose territory includes land in the corporate limits or extraterritorial jurisdiction of a municipality with a population of more than 10,000 to maintain and make available for fire suppression a system that, when tested according to procedures prescribed by the Texas Commission on Environmental Quality (TCEQ) rules, complies with the fire-flow requirements of the latest edition of the International Fire Code.

TCEQ would be required to revoke a district's certificate of convenience and necessity ("CCN") on finding that the district is in violation of Section 65.301. TCEQ would be required to adopt rules as necessary to implement and enforce provisions of the bill.

In my opinion, the bill is Draconian in nature, and threatens the CCNs of many Special Utility Districts which are already stretched thin due to spaced-out systems, or limited water supplies.

As an attorney representing water utilities (including SUDs) across Texas, the proposed legislation concerns me because it makes SUDs in rural areas (who serve portions of small towns) subject to revocation proceedings advanced by cities or competing utilities which desire to "cherrypick" areas of future growth contained within existing CCN boundaries. The proposed legislation assumes rapid urbanization, and doesn't allow SUDs to gradually increase water supplies as growth/urbanization occur. In addition, I am concerned that the heightened requirements of fireflow pressure would not apply to Water Supply Corporations -- which are in many ways similar to SUDs, and should be held to the same standards.

The last day of the 81st Regular Session of the Texas Legislature (Sine Die) is June 1, 2009 -- 140 days from January 13, 2009.