J U L Y 2 0 21
T E X AS O N TA P
INSIDE:
GETTING READY FOR HURRICANE SEASON NEIGHBORS HELPING NEIGHBORS: RURAL WATER MUTUAL AID
UPDATES FROM THE 87TH LEGISLATURE and more!
YOUR TEXAS RURAL WATER NEWS SOURCE Texas Rural Water Association | www.trwa.org | (512) 472-8591
TABLE OF CONTENTS
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Neighbors Helping Neighbors: Teamwork in the Water and Wastewater Industry by Emily Davis
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Stay Safe Throughout Hurricane Season
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Updates from the 87th Legislature
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Lessons from Winter Storm Uri
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3 Things All Utility Customers Should Know
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Test Your Knowledge Crossword
neighbors helping neighbors
teamwork in the water and wastewater industry
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ike all other businesses, water and wastewater utilities face their fair share of unanticipated problems that threaten the stability of daily system operations. Safe and reliable drinking water, a resource we all rely upon, is heavily reliant on smooth and consistent system processes. So, what happens when a natural disaster strikes and a utility system loses electricity, manpower, fuel, or other critical resources? The functionality of an entire system is at risk. Thankfully, Texas Rural Water Association’s (TRWA) water/ wastewater utility members have access to a network of other utilities willing to help during these extreme circumstances.
TxWARN, which stands for Texas Water/Wastewater Agency Response Network, is a Texas-based mutual aid network that facilitates connections between utilities when emergency assistance is needed. The network is managed by the Texas Section of the American Water Works Association and is partially funded through the U.S. Environmental Protection Agency. TxWARN’s mission is to support and promote state-wide emergency preparedness, disaster response and mutual aid assistance for public and private water and wastewater utilities. “TRWA used to manage its own mutual aid network … but after [Hurricane] Harvey we noticed that we were getting a lot of calls directly from TxWARN to see if we could fill
some of the needs through TRWA and/or through our membership,” said Jason Knobloch, TRWA Environmental Services Director. “That worked out really well and showed us that through TxWARN we could reach a larger network of people to either help, or request help for our members.” TRWA now partners with TxWARN to utilize a variety of resources, including educational materials, specialty equipment and access to a larger network of utilities that are able to help out during a catastrophic event. TRWA members have access to this mutual aid program at no additional cost. And while not all TRWA member requests for assistance are facilitated through TxWARN, access to a larger pool continued on next page
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neighbors helping neighbors, continued of resources is still a valuable tool to hurricane that hit the Texas/ have, according to Knobloch. Louisiana border in August 2020, knocked out power at Mauriceville Utilities such as Mustang Special Municipal Utility District (MUD), Utility District (SUD), North Collin leaving thousands of Mauriceville SUD, Jonah SUD, San Jacinto residents without water. Mustang’s SUD, One-Five-O Water Supply Critical Resources Team quickly Corporation (WSC), Onalaska WSC reported to southeast Texas, where and Walker County SUD are among team members were able to power those that have responded to calls for up a well and pump station using a emergency assistance over the last Mustang generator, restoring water few years. to Mauriceville MUD’s customers. “There have been a lot of systems “We established a Critical Resources that have given up time and resources Team in the summer of 2019,” to help others,” Knobloch said. Mustang SUD General Manager Some utilities, such as Mustang SUD, have built a reputation for being equipped and ready to respond to emergencies. Mustang SUD has gone as far as creating a Critical Resources Team made up of Mustang employees who have gone through additional certifications and training to give them working knowledge on emergency equipment. “Many utilities are willing and able to assist but are limited in what they can offer due to various reasons such as manpower, equipment they can part with for a period of time, or just the amount of equipment they have to offer — [for example]: one mobile generator,” Knobloch said. “All of their efforts help the cause to get their neighboring Texas utilities up and running again and it is appreciated. Mustang, however, is able to disperse a number of different items and manpower during an event and offer help for extended periods of time like they did during Hurricane Laura.”
surplus vehicles and equipment,” Boyd said. “The capabilities built into the military equipment available are perfect to handle areas suffering from disaster. Another factor in my decision is where we are located — we are far enough North of the coast to avoid significant hurricane damage, while also being in close proximity to areas frequently impacted by tornadoes.” And while TRWA and TxWARN are Texas-based networks, assistance is not limited to just Texas agencies. TRWA and Mustang, in addition to other utilities that provide assistance, are capable of mobilizing to help rural entities in Arkansas, Louisiana, and Oklahoma.
“I think it’s important to be willing to help our neighboring states and their rural systems because, as is the case everywhere, the rural water systems are likely to not receive the level of assets [compared to] more urban areas,” Boyd said. “It’s important to note that just about every state has Chris Boyd said. “I had been thinking about what we as a District could do access to federal surplus and have after seeing the needs resulting from sites where smaller entities can obtain hurricanes Katrina and Harvey. I it.” made the decision to primarily focus The recent natural disasters, such on assisting smaller rural utilities as tornados, hurricanes and recordthat might be overlooked for larger breaking ice storms, have all systems in more urban areas.” demonstrated the need for planning Over time, Mustang built up for worst case scenarios at the systeman inventory of military-grade level. The success of mutual aid emergency vehicles, industrial programs like TxWARN showcases strength generators and other heavy the importance of a network in machinery crucial in responding to which other systems are prepared to assist their neighbors. emergency situations.
“In 2019, I learned Mustang was Hurricane Laura, a category 4 eligible to obtain federal government
Photos provided by Mustang SUD Story by Emily Davis Texas on Tap — July 2021 5
STAY SAFE THROUGHOUT HURRICANE SEASON After a particularly harsh winter here in Texas, it’s time to prepare for the possibility of more severe weather in 2021. Luckily, we are not likely to be in for the historic level of storm activity seen in 2020, but officials are still expecting an above-normal Atlantic hurricane season. Officially, hurricane season runs from June 1st to November 30th every year, which means now is the time to prepare your household for the worst. Read through these tips for getting hurricane-ready from the Federal Emergency Management Agency (FEMA), the National Hurricane Center, National Oceanic and Atmospheric Administration (NOAA) and more.
MAKE A PLAN The best time to prepare is before an emergency ever happens. Here’s some preparation FEMA recommends:
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Safeguard your documents—keep copies in a safe deposit box and/or in a secure, password protected digital file.
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Sign up for alerts and warnings with your local and state emergency management groups.
Document and insure property. Update your insurance if the value of your possessions surpasses your liability coverage.
Know the evacuation routes for your area.
PREPARE YOUR HOME In a storm situation, evacuation orders can come in an instant. Here are some steps you can take before the hurricane hits your area:
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EVACUATION TIPS If worst comes to worst and the storm threatens life, follow orders to evacuate immediately. These tips can help make that process less stressful:
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Download the FEMA app for a list of open shelters during an active disaster in your local area.
As time allows, take these steps if you're ordered to evacuate your home: • Leave a note with information on where you and your family are headed. • Put on multiple layers of sturdy clothing. • Unplug small electrical equipment like radios, televisions and small appliances.
Keep a full tank of gas in your car if an evacuation seems likely (If you live in a disasterprone area, keeping a half tank of gas at all times will help keep you safe in case of a sudden evacuation).
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Follow evacuation routes. These roads are selected because they’re least likely to be blocked or closed in case of a severe weather event.
If you have pets, make sure you identify possible lodging that accepts pets. Most public shelters only allow service animals.
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Texas on Tap - July 2021
De-clutter drains and gutters, bring in outside furniture, consider hurricane shutters (if not, cover windows with plywood if a storm is imminent).
BUILD COMMUNITY In times of emergency, helping our local and state community can increase everyone's resilience.
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Share resources and warnings with your neighbors and with elderly/disabled community members who may need more support.
If ordered to evacuate, see if neighbors need rides out of town or help them secure other transportation.
STORM SURGES Storm surges are often the greatest threat to life and property from a hurricane.
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Know your zone and your storm surge danger. Head to www.nhc.noaa.gov to find out if you live in a hurricane evacuation zone.
Tropical storms, category 1 or 2 hurricanes, major (category 3 to 5 hurricanes) and post-tropical cyclones can all cause life-threatening storm surges.
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Texas on Tap - July 2021 7
SUMMARY OF 87TH LEGISLATIVE SESSION BILLS THAT IMPACT TEXAS’ RURAL WATER UTILITIES AND THEIR CUSTOMERS The 87th Regular Session of the Texas Legislature ended on May 31, 2021, and between the ongoing COVID-19 pandemic and the February winter storm it proved to be a session like no other. Several of the bills have the potential to affect customers of rural water utilities across Texas. This article summarizes those new laws, which all go into effect on September 1 unless otherwise noted, and a group of bills that didn’t make it to the finish line. For a more extensive discussion of new laws that impact rural water utilities as well as bills that failed to pass, visit Texas Rural Water Association’s Rural Water Blog at this link.
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RESPONSE TO THE WINTER STORM S.B.3 (SCHWERTNER) - NEW LAW February’s extreme weather event brought to light vulnerabilities in the state’s electrical grid and, in some cases, water utility infrastructure. The legislature responded with S.B. 3, which contains new weatherization and emergency preparation requirements for electricity providers, as well as provisions aimed at ensuring water service during events of this nature. The broad power outages experienced across the state in February were a leading cause of water service outages, because when water utilities lost electricity they were unable to run the equipment necessary to distribute water throughout their system. In addition to numerous provisions aimed at preventing a loss of electricity, S.B. 3 requires water utilities to be able to provide service as soon as it is safe and practicable to do so during a natural disaster.
The bill also requires them to adopt and submit to the Texas Commission on Environmental Quality (TCEQ) a plan demonstrating their emergency preparedness. Utilities can meet this requirement in several ways, including participation in a statewide mutual aid program that facilitates the sharing of resources, including generators, during emergencies. S.B. 3 also requires utilities to work out payment plans with customers and prohibits disconnections for nonpayment during extreme weather events, which are defined as periods in which the previous day’s high temperature did not exceed 28 degrees Fahrenheit and is predicted to remain at that level for the next 24 hours. Most rural water utilities voluntarily suspended disconnects for nonpayment and worked out payment plans with customers during this winter’s event.
RURAL BROADBAND
PUBLIC INFORMATION ACT
H.B. 5 (ASHBY) - NEW LAW
H.B. 872 (BERNAL) - NEW LAW
There were several bills filed on expanding
Section 182.052 of the Utilities Code currently requires utilities to keep confidential the address, phone number, social security number, and usage information of their customers, but only if the customer requests that they do so. H.B. 872 improves the security of customers’ information by making confidentiality an automatic, rather than an “opt-in” process. Beginning September 1, utilities can refuse to provide this information in response to a Public Information Act request regardless of whether the customer has requested that they do so. If customers want to allow utilities to disclose this information, they may now opt out of the confidentiality provision by notifying the utility in writing.
broadband access to rural parts of the state, but H.B. 5 emerged as the vehicle for this legislative priority. This bill creates a Broadband Development Office within the Office of the Comptroller, which is charged with studying broadband expansion to rural Texas. The new entity will also develop a map of underserved areas, defined as places where fewer than 80% of households have access to broadband; and create a development program to provide grants, low-interest loans, and other incentives to internet providers to expand access. The overall impact of this bill will likely depend on the way it is implemented, as well as funding by future legislatures.
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PUBLIC INFO, CONT.
PUBLIC INFORMATION ACT, CONT.
H.B. 1082 (KING) - NEW LAW
S.B. 1225 (HUFFMAN) - NEW LAW
The Public Information Act has historically protected the home address, home telephone number, emergency contact information, and social security number of a statewide elected officer or member of the legislature from requests for public information. H.B. 1082 expanded this protection to elected local public officers of any entity subject to the Public Information Act, including districts, water supply corporations, and cities. The law became effective immediately after being signed by the governor on May 19.
Last session, the legislature allowed governmental entities to temporarily suspend their requirements under the Public Information Act for requests made during a period of “catastrophe.” The ensuing COVID-19 pandemic prompted the legislature to clarify what that term means this session. S.B. 1225 clarifies that a situation does not qualify as a catastrophe simply because a governmental entity’s office is closed and its staff is working from home if the staff can still access information responsive to a request. Additionally, entities may only postpone their response by seven days due to a catastrophe, with one additional seven-day extension before they must comply. The bill also requires governmental entities to make a good faith effort to provide responsive information when their offices are required to be closed due to a catastrophic event.
VIRTUAL MEETINGS
VARIOUS BILLS -DID NOT PASS In March 2020, Governor Abbott temporarily relaxed numerous requirements under the Texas Open Meetings Act (TOMA) to allow entities to conduct meetings virtually or by phone. Many systems have conducted meetings in this way during the COVID-19 pandemic, either allowing for fully remote participation by all directors and members of the public, or through a combination of in-person and remote participation. With almost a year of entities operating in this way when session convened in January, numerous legislators filed bills that would make some or all parts of this new way of doing business permanent. Some bills were extremely generous, essentially making permanent all facets of the governor’s
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ongoing temporary order. Others expanded on emergency remote meeting provisions currently in law or allowed individual board members to participate remotely if a quorum was still convened in a single physical location. Somewhat surprisingly, none of these bills passed despite TOMA being an often-amended statute even in a more typical session. As a result, virtual meetings will become a thing of the past once Governor Abbott rescinds his order from last spring, other than the narrow allowances currently proscribed by law. As of this writing, the governor has not rescinded his order, so fully remote meetings are still allowed at each entity’s discretion.
Lessons from Uri
How texas rural water systems responded to this winter's catastrophe.
In February, record-setting Winter Storm Uri brought snow, ice and piercing-cold temperatures to Texas, immobilizing the state’s power grid and triggering intermittent and sustained outages statewide. This unprecedented event hit water utilities hard, causing system instability or failure for many statewide. According to news reports, there were more than 4.5 million Texans who reported power outages across the state and more than 15 million were issued boil water notices at the peak of the storm. By the time the storm had ended, nearly 2,000 public water systems across Texas reported some level of disrupted operations. As temperatures plummeted on Sunday, February 14, water utility personnel began working around the clock for what would be a week of crisis after crisis compounded by freezing temperatures, lack of power, unsafe road conditions, hindered communication, restricted access to supplies, exhausted personnel, and strained water supply.
others lost power all together. Unfortunately, while most systems had some form of backup power supply on hand, some generators were not able to start in the freezing temperatures and others had mechanical issues. In some instances, portable generators worked, but the hazardous conditions made it dangerous and difficult to transport them to the locations that needed them. Before the sun rose on Monday, February 15, many systems’ backup power generators were already failing as the Texas power grid faced its worst crisis in decades. Even as workers battled to reset generators and keep the electricity on at their critical locations, other problems began to arise. Because of the increased demand and disrupted supply chain, fuel for the generators quickly became scarce. “A 250KW generator requires 200 gallons of diesel a day, larger generators even more. During this crisis, diesel supply became a serious issue,” said Dave McMurry, General Manager of Aqua WSC.
In an attempt to conserve energy, power companies statewide began putting customers on rolling blackouts, including water and wastewater utilities. Even at systems with reserves on hand, fueling was Some systems were put on rolling blackouts while becoming an issue when it became clear that the storm Texas on Tap — July 2021 11
conditions were not letting up. In addition to depleting reserves, system were faced with the challenge of keeping their diesel fuel from gelling up in subfreezing temperatures. Without the necessary anti-gel on hand, diesel supplies would be rendered useless.
boil water notices. Many turned to their websites and social media outlets to get information out to their customers fast. Others relied on their relationships with nearby utilities and cities to use emergency alert systems to push texts, calls and emails to subscribers.
The freezing weather brought other issues — water Leadership in the water industry see the crisis as treatment chemicals froze, gauges broke, cell towers coming down to an energy failure which caused the and phone lines went down, and large supply lines cascading problems at the water systems. from water sources began to freeze Systems with relationships and direct In an attempt to for the first time ever. It was a domino communication with their electrical effect that kept system personnel providers fared better than those who conserve energy, working extended shifts, sleeping at their did not. In many instances, water utility stations, and coming up with creative managers cited that electric providers power companies solutions to each problem that arose. were hard to coordinate with, did not know where their key facilities statewide “My field manager used his southern were, or said they did not have any ingenuity to make it work. He built control over who they turned off. onsite heat lamps from light bulbs and began putting pieces of lamps from the office, then put “If the winter storms taught us anything, a box around them to keep them out of it’s that there needs to be better customers on the weather,” said Shirley Thompson, communication between the power General Manager of College Mound rolling blackouts, providers and the water utilities, which SUD. “Thinking outside of the box should be listed as critical infrastructure is so critical in a situation like this.” to support,” said Lara Zent, Executive including water Director and General Counsel of Historic high demand was another Texas Rural Water Association. and wastewater significant factor that taxed many water systems. Between dripping faucets, line Most of the state had their electricity utilities. breaks, and other use, most systems restored by Friday, February 19, but were distributing more water than their water problems lingered for days after highest summer demand. Those systems while systems continued to fight hard who purchase their water from wholesale for recovery. With power restored, providers were getting turned off, told staff continued to work overtime to they had exceeded their allotted amounts. get water treated, tanks filled, and Systems placed on rolling blackouts were service restored. System personnel drove unable to run their pumps long enough to push miles and miles of line looking for breaks and enough water into their tanks or lines to satisfy continued to spot-check in the week following. demand. When the systems could not keep up with demand, the distribution system would lose pressure, Following the disastrous emergency event, systems causing contamination risks and system outages. are looking inward and evaluating what changes they can make to ensure they are prepared for future At many water utilities, rolling blackouts were putting extreme winter conditions. In addition to having strain on their other systems as well, including better communication with their power providers, their electronic control systems. With power only intense winterization procedures, stockpiling coming on between 10-20 minutes at a time, there fuel, purchasing non-cellular communication wasn’t enough time to complete system checks devices, and relocating critical system components during those windows. Additionally, the starting indoors are just a few resiliency measures being and stopping of pumps can be highly damaging discussed at water systems across the state. to the equipment and the water lines they feed. Hopefully, a storm like Uri truly is a “once in a While systems struggled to restore service or keep generation” event, as it has been described in the news. their systems running, there was also the challenge However, with a focus on resiliency and emergency of communicating with their communities, including preparedness, when it does happen again, our Texas information about outages, conservation tips, and water systems will be ready. 12 Texas on Tap — July 2021
Did you know that the state of Texas maintains a database that you can use to find out information about your public water system? The database is public information and is called “Drinking Water Watch” and the website can be found on the Texas Commission on Environmental Quality (TCEQ) website, here. You can search for your public water system by entering your system’s PWS ID, name, or partial name and you can narrow down the search by using system type, county, or type of water source. The database is a great resource to find your
provider’s sample schedules, any possible violations and public notice due dates if applicable. Additionally, the database can be used to search for bacteriological and chemical sample results. Your provider is also required to update Drinking Water Watch and maintain the proper contact information so communication and compliance information, from the TCEQ, is given to the appropriate personnel in the event of a violation or emergency. A glossary of commonly used terms on “Drinking Water Watch” can be found here.
You may not be aware, but your public water system is required to maintain strict guidelines when it comes to protecting your water supply. All systems are required to maintain internal procedures to immediately notify the TCEQ’s executive director by phone if any of the following events occur, which may impact the production or delivery of safe water in your system: • An unusual or unexplained-unauthorized entry at the property of the public water system • An act of terrorism against the public water system • An unauthorized attempt to probe or gain access to proprietary information that supports the key activities of the public water system • Theft of property that supports the key activities of the public water system • A natural disaster, accident, or an act that results in damage to the public water system
It is required by state law that your water provider maintains intruder resistance fencing around all facilities. The fence must be 6 feet or greater in height, constructed of either wood, concrete, masonry, or metal and be finished with three strands of barbed wire extending outward from the top of the fence at a 45-degree angle. The smooth side of the fence must be on the outside. However, if your water provider chooses not to use barbed wire, the fence must be eight feet in height. The fence is required by state law to be in good condition and close enough to ground level to prevent intruder passage. All potable water storage tanks and pressure tanks must be installed in a lockable building that is designed to prevent intruder access or must be enclosed by an intruder resistance fencing with lockable gates. The gates and doors must be locked whenever the facility is unattended. continued on next page
By July 1 every year, your water provider shares important information with all customers via mail, email, or other form of online communication: your Consumer Confidence Report (CCR). The CCR for your water provider serves to inform you about the quality of your drinking water. This annual water report is required by the Safe Drinking Water Act. The CCR lists the regulated contaminants found in your drinking water as well as health effects information related to violations of drinking water standards. The CCR summarizes previously collected water sample data by your water utility in accordance with regulations established by the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). Information contained in the CCR includes chemical and bacteriological data; your water utility’s compliance with drinking water standards; information regarding the source(s) of water used by your water utility (i.e.., rivers, lakes, reservoirs or aquifers); educational health information; water utility contact information; and information about public participation
opportunities. Electronic delivery with a direct internet link is the way most utilities are now delivering these reports. Your water utility may notify you in a billing statement or by other means that the report has been posted on their website along with the URL where it can be found. Some utilities are still mailing the reports and those with 500 or fewer customers may choose to deliver them door-todoor. If you live in a multi-family housing unit or work in a school or community center, the utility may post notices that the CCR is available or make other efforts to ensure that everyone who consumes their water knows where to access the report. Again, the purpose of the Consumer Confidence Report is to keep consumers informed about the quality of their drinking water. Therefore, it is important that you keep an eye out for this document and take the time to read the information enclosed within. Should any questions or concerns arise, do not hesitate to contact your local water utility for an explanation.
The TRWA Newsletter is packed with information affecting the rural water industry and tips every week on how to connect with customers, serve your community and make your system run more smoothly. Subscribe here.
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Texas Rural Water Association 1616 Rio Grande | Austin, Texas 78701
Texas on Tap Published by: Texas Rural Water Association 1616 Rio Grande, Austin, TX 78701 www.trwa.org
TRWA Editorial Staff Lara Zent, Editor in Chief Allison Kaminsky, Managing Editor Madie Leon Riley, Art Director
Questions? General correspondence should be directed to your utility office. Editorial inquiries may be directed TRWA Communications Staff at (512) 472-8591 or editor@trwa.org
