Quench 2021 - Issue 3

2021 TRWF SCHOLARSHIP RECIPIENTS

LEGAL UPDATES FROM THE 87TH LEGISL ATIVE SESSION

PREPARING FOR THIS YEAR'S HURRICANE SEASON

ADVICE FROM THE FIELD, DEEP DIVE ON PFAS, AND MORE. 2 0 21 — I s s u e 3 www.trwa.org

TRWA Today Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of over 750 nonprofit water supply corporations, water districts, small-town water departments and investor-owned utilities. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 3 million customers throughout Texas.

TRWA is dedicated to helping directors, managers, operators and office professionals provide efficient service and clean, safe drinking water to their customers. Through on-site technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers.

BOARD OF DIRECTORS

TRWA STAFF

OFFICERS President Chris Boyd Denton (District 3) Vice-President Bruce Alexander Medina (District 2) Secretary Kevin Spence Franklin (District 11) Treasurer Robert Nettles Walker (District 13) Immediate Past President Brian Macmanus Cameron (District 6)

DISTRICT DIRECTORS Mark Gardenhire Shackelford (District 1) Steve Adams Brown (District 4) Dave McMurry Bastrop (District 5) Allen Knight North Collin (District 7) Charles Beseda Hill (District 8) Pat Allen Guadalupe (District 9) Kent Watson Brazos (District 10) Paula Weber Kaufman (District 12) Bill Baird Rusk (District 14)

LEADERSHIP TEAM Lara Zent Allison Kaminsky Larry Bell Nichol Everingham Trent Hightower Jason Knobloch Tom Shephard, CPA

Executive Director & General Counsel ext. 101 Deputy Executive Director ext. 107 Technical Assistance Director cell: (512) 964-8133 Professional Development & Training Director ext. 134 Assistant General Counsel ext. 106 Environmental Services Director ext. 137 Finance Director ext. 102

Amanda Ashcraft Melody Bennett Ross Brookbank Pam Cantrell Lisa Gallo Miles Hartman Brittney Melancon Emily Young Ariane Walker Madie Leon Riley

Office Manager Project Support Specialist Membership and Outreach Manager Accounting Support Specialist Meeting and Event Planner Course Development Specialist Paralegal Assistant Environmental Services Director Training Support Specialist Communications Specialist

Thomas Acker, Jr. Michael Beadnell Nathan Cantrell Alex Eaves Roel Gonzalez Paul King Deborah McMullan Charles Perkins Bruce Pearson James Smith Quentin Turner William White Scott Willeford Gilbert Ybarbo James Wallingsford

Instructor Circuit Rider Wastewater Technician Wastewater Technician FMT Specialist Circuit Rider Source Water Protection Specialist Circuit Rider Instructor Circuit Rider FMT Specialist Assistant Technical Assistance Director FMT Specialist FMT Specialist FMT Specialist

OFFICE STAFF ext. 100 ext. 130 ext. 108 ext. 139 ext. 105 est. 135 ext. 110 ext. 132 ext. 111 ext. 115

FIELD STAFF cell: (512) 751-6337 cell: (512) 924-4552 cell: (512) 924-7158 cell: (512) 964-7203 cell: (512) 923-5812 cell: (512) 913-9753 cell: (512) 923-5842 cell: (512) 964-2108 cell: (512) 922-4942 cell: (512) 964-9234 cell: (512) 517-9889 cell: (512) 924-4233 cell: (512) 657-8813 cell: (512) 317-2003 cell: (512) 865-8809

CONTACT THE EDITOR

Editorial and advertising inquiries may be directed to the Communications Department at editor@trwa.org.

Join the conversation at: www.facebook.com/TexasRuralWaterAssn 2 Quench — 2021 — Issue 3

Find us at @TexasRuralWater for industry and legislative news relevant to you!

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FEATURES Postcard from NRWA Training ......................................10 Several TRWA employees attended the National Rural Water Association's Emergency Response Training held in Texas this year. Deputy Executive Director Allison Kaminsky shares a snapshot of the event.

Congratulations to our 2021 Scholarship Recipients ..........................................................12

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IN EVERY ISSUE Letter from the President .........4 Letter from the Executive Director ............................5 Keep it Legal .........................................6 Answers to your legal questions

Ask Larry ..................................................8 Answers to your technical questions

Advertiser Index ............................30 Plan Ahead ..........................................31 TRWA’s Calendar of Events on the cover:

An operator crew works on a line repair. photo by Michael Beadnell

Each year the Texas Rural Water Foundation awards scholarships to college students in the state of Texas. Read about the 2021-22 recipients in this issue.

Updates from the 87th Legislature ..........................15 The TRWA legal team was heavily involved in this legislative session on behalf of our rural water members throughout Texas.

They have created a guide of bills relavant to the industry that did and did not pass in the regular session.

Per- and Polyfluoroalkyl Substances (PFAS) .........24 Learn why these "forever chemicals" matter to the rural water industry.

Pass It On..........................................................................................25 Technical know-how can't compare to hands-on field work. Why are experienced operators taking their knowledge with them?

Stay Safe Throughout Hurricane Season..................................................................................................26 Hurricane season is here! Are you taking the necessary steps to keep your loved ones and your property safe?

TRWA Announces Third Emerging Leaders Class for 2021-22....................................................28 Meet the participants of our leadership development and networking program, TRWA's Emerging Leaders!

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Hello Rural Water!

President's Message

I’d like give a hearty thanks to all the staff and members who participated in the legislative process during the past session. It takes a large number of people to assure our rural water interests are covered, and with everyone pulling together, we’re much better off. At the time of this writing, a special session has just began; however, we believe there shouldn’t be any legislation directly affecting our membership. Staff will be providing full updates on pertinent approved legislation from the session.

How good it is to be slowly working back to the old normal! Our attendance at conferences is rising, and the Training and Technical Conference in Galveston was back to historic attendance numbers. We look forward to seeing everyone this fall at the Management and Districts conferences.

I had a wonderful experience attending the NRWA Emergency Response training seminar held in Cedar Creek, Texas in May.

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I was very pleased to bring several of our Mustang SUD response vehicles with equipment down to show off some of our capabilities. This was a great event which brought folks from around the country to Texas, and our staff did a great job putting it together.

As we all found out last February, having emergency capability cannot be overstated. I encourage everyone to focus on even small steps you can take to help your system be prepared for emergencies.

I hope everyone is having a wonderful summer and enjoying some vacations! Be safe, and I look forward to seeing everyone at an upcoming conference.

My regards,

Chris Boyd President TRWA

Dear TRWA Members,

Letter from the TRWA Executive Director

In May, our Board of Directors met for a planning retreat to update our Strategic Plan, which was adopted in 2016. This meeting was originally set for 2020 and was postponed a year due to the pandemic. At our July board meeting, the Board adopted our new plan for 2021–2026, which will be posted on our website.

The Board also revisited our mission and vision statements and slightly modified each. TRWA’s revised mission statement is “To serve, represent, support, and strengthen member water and wastewater utilities.”

Our revised vision statement is “TRWA is recognized by its members, the regulatory community and state leaders as the leader on water and wastewater utility issues; is the premier provider for education and expert assistance through our well-qualified and knowledgeable staff; and has an active and engaged membership.”

The Board established six areas of strategic focus and, within these, set goals ensuring that everything we do is strategically aligned. The areas of strategic focus are Advocacy and Communications; Membership; Financial, Managerial and Technical Assistance; Training and Conferences; Leadership and Workforce Development; and Organizational Resources.

Some of our goals have carried over from the last Strategic Plan, including industry promotion, achieving legislative goals, increasing influence and cultivating

relationships with state leaders, providing expert services and resources (including technical and legal), and producing new online classes.

The Board also established new goals including working collaboratively with the Public Utility Commission to improve their processes for small water systems, developing a marketing plan to identify member needs, holding member meetings throughout the state, providing grant writing services, growing our technical services such as mapping, leak detection and drones, launching an apprenticeship program for water and wastewater utility operators in Texas, partnering with high school programs and engaging youth to learn about our industry, and purchasing a new headquarters location.

Our TRWA staff team will be developing an operational plan to achieve these goals in the next five years. We are excited about this new roadmap and will invite your input and engagement along the way.

My best,

Lara Zent Executive Director & General Counsel TRWA

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Keep It Legal

Answers to Members’ Questions by TRWA Assistant General Counsel Trent Hightower

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When new members of our WSC bring us their proof of ownership documents, most of them provide a warranty deed showing that they own the property being served. Recently, however, we have had an applicant provide us with a “deed of trust,” and another provide us with a “contract for deed.” What are these documents, and can we accept them as proof of ownership?

A: A deed of trust is the document used to convey property

in Texas, similar to a mortgage in other states, though they are commonly referred to as “mortgages” in casual conversation due to similarities between the two. Under a deed of trust, the lender has a secured interest against the real estate until the borrower pays off their debt in full, but legal ownership of the property is conveyed to the buyer. If the buyer defaults on their payments, the law specifies a comprehensive foreclosure process to enforce the lender’s rights.

I consulted with an attorney who does a lot of real estate work as to whether he thought the deed of trust would suffice as proof of ownership. He said that document alone doesn’t really prove ownership because it simply lays out the rights and responsibilities of the parties to the transaction. In most transactions, the deed of trust should be accompanied by a deed showing a vendor’s lien on the property. While the similar terminology is confusing, WSCs should require applicants to show them this deed, not their deed of trust to establish ownership.

A “contract for deed” is a completely different type of arrangement that is also sometimes referred to as a “rent to buy” transaction. These can be somewhat predatory in nature because they tend to be used when a potential purchaser of property is unable to secure traditional financing from a bank. Instead, the current owner and a potential buyer enter into a simple contract in which the owner agrees to convey the deed to the buyer once the full purchase price has been paid. Legal title does not pass to the purchaser until the final payment is made, and missing even a single installment can result in the seller canceling their contract and retaking possession of the property.

Unfortunately, individuals who are unable to secure traditional financing also frequently fail to keep up their payments under these contracts. This can result in a revolving door of new residents at the property, and if the local WSC treats each one as if they legally own the property, it can find itself with repeated instances of unpaid balances at the same property. The Legal Department has fielded a few questions recently where 6 Quench — 2021 — Issue 3

a property owner has attempted to use a contract for deed to circumvent the obligations that come with being a traditional landlord in a lease situation. By claiming that the person listed as a buyer in the contract owns the property, they seek to avoid responsibility for paying the water bill at that location.

Since legal title does not transfer upon the execution of a contract for deed, that is not the case. If someone claims to be a property owner and presents a contract for deed or other document that seems to be a rent-to-buy contract, WSCs should treat the arrangement the same as a landlord/tenant relationship, since that is essentially what is going on until all payments have been made. The attorney I spoke with recommended that systems require the so-called “seller” under the arrangement to apply for the membership in his or her name. This person should also sign the necessary easements, since they still have the legal authority to do so at the time service is requested.

:

We have heard through the grapevine that our utility might be getting sued soon. Who is the proper person to receive notice of that suit if it happens? Can the plaintiff sue any employee, or are there particular people they must serve?

A: The answer here will depend on whether your system is

a district or water supply corporation. For districts, Section 49.066 of the Water Code states that the president or the general manager of the district is the agent of the district on whom process, notice, or demand may be served.

Therefore, as your president or general manager change over time, those individuals are always statutorily the people on whom lawsuits and other legal documents may be served.

As nonprofits, however, water supply corporations are required to select a registered agent and file Form 401 with the Texas Secretary of State so the public is on notice of the individual who may be served with legal process.

Often, the registered agent will be the president or another board officer, but Section 5.202 of the Business Organizations Code only requires that the person be a resident of Texas and that they consent in writing to serving as the corporation’s agent. Your agent can do this by filling out the Secretary of State’s Form 401-A. Both forms can be found on TRWA’s Legal Resource Page at www.trwa. org/Filings-WSCs. Because service of process is only valid against the individuals above, if an individual serves process on any other board member or employee, they have not properly initiated their lawsuit. Still, as a practical

matter, if someone other than the people discuss above accepts service of process, I recommend immediately contacting your attorney to determine your next steps. It is likely that the plaintiff will properly serve you later, and your attorney will appreciate the additional time to prepare a response.

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Our WSC has a policy that when people purchase a new meter, they can finance the equity buy-in fee and pay it over time. We had a customer who recently sold their property without paying the fee. Can we charge the new owner the balance of this fee?

A: If you were to assess the new owner the remainder of the equity buy-in fee and they challenged it to the Public Utility Commission of Texas (PUCT), I’m not sure how the agency would rule and I am not aware of any cases where they have looked at this in the past. However, given their general consumer-focused stance on rate and fee issues and the way they look at other fees, I would urge you to err on the side of caution and absorb this as a loss and lesson learned.

For most debts that water system customers leave behind, like a few months’ worth of unpaid water bills, the answer is clear: that debt belongs to the person who incurred it and the system is forbidden from charging it to a subsequent purchaser. Equity buy-in fees are somewhat unique in that they are assessed against a property, rather than a person.

When a property is first served, the owner must pay this fee to bring it into “parity” with the rest of the system. In other words, the property will be receiving the benefit of many years of payments made by other members over the decades, and the owner must pay a calculated amount to bring the new property up to speed.

That said, I have concerns that the PUCT would say that the utility had the obligation to collect the fee at the time service was extended to the property, and it is not the new owner’s fault that wasn’t done. Further, if you finance any up front fees as the TRWA Sample Tariff contemplates that a system may choose to do, you should have executed a deferred payment contract with the previous owner at the time you installed service. Such an agreement would likely make the remaining fee a personal debt of the previous owner, because they executed a contract agreeing to pay that amount. Thus, I think you will need to pursue this unpaid amount from the previous owner through the courts or collections as you would with any other bad debt.

This is a risk that a system takes when it agrees to a deferred payment plan for up-front service fees. However, there is no requirement that systems agree to these terms. As with other things like obtaining easements, the utility is in its position of greatest strength when the applicant applies for service.

They can predicate service on conditions that the PUCT would not allow a disconnection for after service has begun.

I recommend using deferred payment plans for up-front fees sparingly, being mindful of cost of service appeals and an applicant’s likelihood of paying the full amount before they sell the property.

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Ask Larry

A Q&A column with TRWA Technical Assistance Director Larry Bell

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Is a public water system required to maintain a certain number of operators per the number of connections served?

A: The magic number of connections for determining the number of required licensed operators is 1,000 – once a system reaches that size, it is required to have at least two licensed operators on staff. For purchased water and groundwater systems, each of those operators must hold at least a Class “C” license and work at least 16 hours per month at the system’s treatment or distribution facilities (or their production facilities, in the case of groundwater systems). Surface water systems must employ at least one operator with a Class “B” or higher surface water license, and the other may hold a Class “C” or higher. Each operator must work at least 32 hours per month at the systems’ production, treatment, or distribution facilities, and both must complete TCEQ’s Surface Water Production I and II courses.

When I have asked TCEQ staff whether larger systems of, say, 2,000 or more connections need to have more licensed operators on staff, they say it depends on the system and cite me to their Rule 290.46, which contains the two-operator minimum requirements discussed above.

I have advised systems that it is a best practice to err on the side of caution and maintain at least one additional Class “C” or higher operator in case the other two get sick or are otherwise absent at the same time. That way the other licensed operator can do the necessary process control and oversee all plant operations until one or both other licensed operators return to work.

more licensed operators than is required by TCEQ rules, it may be worth asking them if they can help you out until you’re able to hire another properly licensed operator yourself. As I mentioned previously, TCEQ recognizes part-time operators who work at least 16-hours per month as meeting their licensing requirement. This allows systems the flexibility to share their operator with their neighbors. Sometimes this may include an agreement that the operator’s primary system receive some form of reimbursement for time spent away from their normal duties there.

Other systems allow their operator to “moonlight,” or work normal hours there and then work after hours to assist a neighboring system until that system can secure its own operator. I have also seen systems enter into contracts with neighboring systems to implement a rotating schedule for their shared operator, like what an operations company would implement. This way, the operators are still completely working for your system, but the system is being paid a contracted amount for a specific period.

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Our system is looking at our longterm needs and we are trying to decide if we need a new well or possibly just additional storage and boosters. What kind of due diligence do you recommend we engage in as we go about deciding?

Managers and boards may want to consider adding an additional operator for every additional 1000 connections until you have 8-10 operators. Each water system is a little different when it comes to the number of operators needed due to the type of treatment required, level of system automation, etc.

A: A suggestion I usually give systems is that they obtain a system hydraulic analysis, which is conducted by the system’s engineering company. These studies usually include population projections, household income, current capacities, and a whole lot more based on the areas the board wants to be included in the study. Your engineering firm would need to confirm the system’s maps are current based on information provided by the system’s staff.

In the long term it’s probably best if you find a permanent operator of your own or contract with a company that provides those services, but there are some things you can do in the meantime to comply with TCEQ rules until you get that situation squared away. First, if you have a good relationship with a neighboring system who maintains

Every public water system in Texas is required to maintain current maps and drawings of all new construction, meter installations, storage facilities, pumping capacities, and any other production or treatment facilities which have been completed since the system maps were last updated by the system or its engineer. The hydraulic analysis will show

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the current distribution, production, treatment, pumping, and storage areas which must be improved to meet current TCEQ Regulations, and which areas are deficient and in need of upgrades.

Another resource that could assist you in making this decision, if you qualify for it, is a USDA Rural Development SEARCH Grant, which stands for Special Evaluation Assistance for Rural Communities and Households. This program helps very small, financially distressed rural communities with predevelopment feasibility studies, design, and technical assistance on proposed water and wastewater disposal projects. Most state and local governmental entities and nonprofits in rural areas with a population below 2,500 qualify for assistance, subject to certain income thresholds for the residents of the area.

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I'm thinking about how to promote and enforce water conservation in new developments. Are there any laws or regulations that would allow us to require developers to use effluent water from our wastewater plant near the development for irrigation purposes?

The cities I have seen do this tend to implement wastewater reuse only for certain types of facilities like golf courses, ball fields, subdivision common entranceways and common areas, and other multi-use open spaces. One additional plus side of this for a utility that provides wastewater treatment, is that this setup provides them with an alternative means of disposing of a percentage of their treated wastewater effluent and limiting their stream discharge volume.

Some developers may have had a good experience with irrigating with effluent and be more open to it than others.

If it’s an option for developers and they are interested in “going green,” they might take you up on it. Again, the important thing to note here is that the decision should be left up to the developer and not presented as a requirement.

Some entities even suggest a parallel distribution system if there is sufficient or abundant wastewater effluent close by. Sometimes these irrigation taps are not metered, and sometimes they are used to recover some of the maintenance and operations costs associated with the distribution system, pump stations and even some of the wastewater permitting and operations cost.

A: For most TRWA members, who tend to be water supply If you have a technical question you would like answered, corporations and districts, I am not aware of anything that please email larry.bell@trwa.org. allows you to require this for new development, but you can make it more cost effective for them to do so because wastewater effluent should be less expensive than treated drinking water.

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POSTCARD FROM NRWA EMERGENCY RESPONSE TRAINING In early May, rural water representatives from all over the country traveled to Cedar Creek, Texas for the National Rural Water Association Annual Emergency Response Training. Hosted

by Texas Rural Water Association at the LCRA McKinney Roughs Nature Park, 98 attendees from 26 rural water associations attended this two-day event for rural water first responders.

The event kicked off on May 4th with a networking social complete with lawn games and a fish fry prepared by the Louisiana Rural Water Association.

Training officially began the morning of May 5th, and included welcoming remarks, a program overview and discussion of safety protocols from NRWA and State Rural Water Association leadership. The group then moved outside for a circuit of hands-on demonstrations, featuring the NRWA Mobile Command Trailer, a purification unit, field tools for emergency response, stations for various generator set ups, start up and maintenance, and more.

After another homecooked Cajun lunch prepared by Louisiana Rural Water Association staff, attendees moved inside for a training session on building system resiliency. Presented by Kenneth Johnson from Rincon WSC, the session focused on the events surrounding Winter Storm Uri and the lessons learned as a result. Next, the Manchaca Fire Chief discussed and demonstrated some first aid basics that would be useful in situations first responders might encounter.

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Texas took the stage next to discuss our utility mutual aid initiatives and presented case studies on recent assistance provided

by Mustang SUD and North Collin SUD. Chris Boyd of Mustang SUD also presented on the acquisition of government surplus equipment for use in emergency response.

Other State Association Leadership followed, including Gary Williams from Florida Rural Water Association, Pat Credeur from Louisiana Rural Water Association, Dennis Sternberg from Arkansas Rural Water Association, and Rob White from Alabama Rural Water Association, with a discussion of recent emergency response activities in their states. NRWA staff and volunteer members of the national Emergency Response Committee also gave updates.

The day’s training ended with electrical safety, which included a classroom portion and an arc flash demonstration from the Texas A&M Engineering Extension Service.

Attendees wound down after a long day of training with a Texas BBQ dinner, sponsored by CoBank, before calling it a night and heading back to the hotel.

Training continued the next morning with another circuit of hands-on demonstrations focusing on the use and benefits of drones, towing safety, rebuilding water and wastewater plant motors, volt identification, and more.

All attendees who completed the training received certificates for 12 hours of emergency response training and gift bags that included reflective vests, work gloves, volt testers, solar chargers, and first aid kits to help in their field response.

Thank you to the sponsors who helped make this event possible — Taylor Power Systems for our tents and entertainment, CoBank for our BBQ Dinner, Municipal Water Impact/Rural Water Impact for breakfasts, and USA BlueBook for break refreshments. Special recognition also goes to our friends at NRWA, LRWA, FRWA, Alabama RWA, and Arkansas RWA for helping coordinate this event.

If you would like to learn more about our emergency response efforts, visit: www.trwa.org/emergencyresponse.

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CONGRATULATIONS TO OUR 2021

SCHOLARSHIP RECIPIENTS e are excited to announce the winners for this year's Texas Rural Water Foundation Scholarships! The Student Scholarship Program is designed to assist young people in the furthering of their education by helping to offset the costs of college tuition, fees, books or room and board. Based on a rubric

including academic achievements, community involvement and potential benefit to the rural water industry, students are given score totals based on their application.

This year, we awarded six scholarships to deserving students pursuing a higher education:

The Dwayne Jekel Scholarship Thanks to an endowment set up by the family of Dwayne Jekel, we are pleased to award the annual Dwayne Jekel Scholarship to our highest scoring applicant. Mr. Jekel served on the Texas Rural Water Association Board of Directors for 30 years from 1982-2012 and was a water industry leader. He was the owner and operator of D&L Service Company in Cameron, Texas. Dwayne Jekel’s dedication to water and his community will never be forgotten. Through this year's scholarship of $3000, his legacy and mission will continue thanks to the generosity of his family.

As a beneficiary of his area’s rural water system and a ranch hand keeping a well pump functioning for their livestock, Tate saw firsthand the work that goes into clean drinking water. His uncle, Bruce Alexander, is the TRWA Vice President and runs East Medina County SUD, Tate's home system. Tate will begin his freshman year this fall at UTSA, where he hopes to earn his engineering degree so he can do his part to supply rural areas with safe, quality water.

Tate Holzhaus

Hometown: Castroville, TX School: UTSA Major: Engineering

The Dwayne Jekel Scholarship recipient is Tate Holzhaus, a seventh generation Texas Alsatian with deep family ties to rural Texas. His work on the Holzhaus’ small family ranch taught him the value of ingenuity in the field and trial and error in working with machine modifications and keeping rural systems running.

The Jo E. Ball Scholarship Special this year, we are awarding a scholarship in the name of Jo E. Ball, a longtime friend of rural water who passed away late last year after losing his battle with brain cancer. Jo was the manager of Bolivar Peninsula SUD and before that was the manager of Trinity Rural Water.

recipient of her family's water supply corporation's (Aqua WSC) Ernest William Bracewell, Sr. Memorial Scholarship. She is a first generation college student in the McCombs School of Business pursuing a degree in Management Information Systems.

Amanda is currently the Social Representative and He was a leader in the industry who remained Diversity and Inclusion Chair for her sorority, Kappa very active with TRWA, volunteering at events, Delta. She is also a member of the Women in Business attending conferences, and participating as part of our emergency response efforts. Jo made a lasting Association and McCombs Business Scholars. impact on our Association and we will never forget his contributions to our industry. We are honored to give this scholarship of $2500 in his name.

Hometown: Bastrop, TX The Joe E. Ball Scholarship recipient is Amanda School: UT Austin Branecky, a junior at the Univeristy of Texas. As a high Major: Business schooler Amanda played volleyball, ran track, served - Management Information Systems as Class President and accumulated over 500 hours of community service. Amanda was also the 2020-21

Amanda Branecky

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Luke Read

Hometown: Belton, TX School: Texas A&M Major: Engineering

Luke just wrapped up his senior year at Belton High School. He graduated as a member of the National Honor Society and in the top 2% of his class. Outside of school, Luke is heavily involved in his church, 4-H, and FFA. As a member of FFA, Luke participated in the Agricultural Advocacy Leadership Development Contest and Natural Resource Career Development Contests, and serve as an officer for the Belton FFA for three years. He finished his high school career as Texas 4-H State Council President, Texas 4-H At-Large Delegate, Texas 4-H Water Ambassador and Texas 4-H Livestock Ambassador.

Luke is headed to A&M this fall in the hopes that his engineering degree will help him learn how to combat the water shortage crisis facing the rural water industry. We are pleased to award him this scholarship in the amount of $2000.

Erynn Hosek Hometown: Poth, TX School: Texas A&M Major: Accounting and Finance Management

As an upcoming senior, Erynn is finishing her degree in the Professional Program of Accounting at the prestigious Mays Business School at A&M. Erynn is a campus leader involved with Aggie Women and 180 Degrees Consulting, the world’s largest university-based consultancy for nonprofits and social enterprises.

Erynn is the daughter of Kenneth Hosek, the operator of Three Oaks Water Supply Corporation. The Hoseks’ passion to provide safe water to the community and the encouragement of her rural hometown inspired her to work toward a certificate in Nonprofit and Social Innovation as a part of her degree program.

Erynn was a 2020-21 TRWF Student Scholarship recipient and will be receiving this $2000 scholarship as a continuation toward her higher education.

Scholarship recipients continued on next page

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Scholarship Recipients, continued

Landon Theiss

Hometown: North Zulch, TX School: Texas A&M Major: Kinesiology

Landon is headed to A&M after a high school career as a member of the National Honor Society; Family, Career and Community Leaders of America (FCCLA); Student Council; Principal’s Council and Vice President of his Senior Class. As a leader in FCCLA, he was the Region IV Vice President of Competitive Events and Peer Involvement. He also placed 1st at Nationals in FCCLA. Landon's mother, Karen Theiss has worked at Wickson Creek SUD for 23 years and is a TRWA Emerging Leaders Program alumni and current coach.

Landon's plan is to earn his undergraduate degree in Kinesiology on the path to Occupational Therapy school for a graduate degree in Speech Pathology. We are pleased to award Landon this $2000 scholarship toward his collegiate studies.

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Laura Macmanus

Hometown: Harlingen, TX School: Texas A&M Major: Engineering

Laura is the daughter of Brian and Nancy Macmanus and just wrapped up her junior year at Texas A&M. As a student at Harlingen High School she graduated as Salutatorian and the District Council Youth Advisor and Cameron County Council President through the 4-H program.

As an incoming senior at A&M, she is a group leader of John 15, a freshman Catholic organization that focuses on faith, personal development and community, and she is active with her church choir. She is also a member of the University’s Traditions Council and a former resident advisor. Laura hopes to finish strong in her academic career at Texas A&M and to deepen her involvement on campus.

Her father, Brian, is TRWA's Immediate Past President and the general manager of East Rio Hondo WSC. Laura is a former recipient of the Dwayne Jekel Scholarship (2019-20), and receives this $1000 as a continued scholarship toward her higher education.

SUMMARY OF 87TH LEGISLATIVE SESSION BILLS THAT IMPACT THE TEXAS WATER BUSINESS

By Trent Hightower, TRWA Assistant General Counsel

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. COVID precautions meant that large groups couldn’t assemble at the capitol until very late in the session, so for the first time ever, TRWA’s Rural Water Rally was conducted virtually. Meanwhile, for the second session in a row, the House elected a new speaker, Rep. Dade Phelan (R-Beaumont). With the new speaker came a new chair of the House Natural Resources Committee, which handles many bills of interest to TRWA members. This year, longtime committee member Rep. Tracy King (D-Batesville) led that committee, which also included the former chair, Rep. Lyle Larson (R-San Antonio).

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At the beginning of session, most of us here in Austin expected a somewhat subdued agenda, with issues such as the biennial budget, pandemic response, and redistricting taking up most of the legislature’s time.

However, as is fitting for a notably strange session, there were some surprises. The failure of the state’s electrical grid in February’s storm quickly pushed that issue front and center, and all three members of the Public Utility Commission of Texas (PUCT) resigned in March, along with most of the board of the Electric Reliability Council of Texas (ERCOT).

process will have to wait for a special session later this year, where the legislature will redraw all election maps on both the state and federal levels. These new maps are expected to reflect a continuing shift of the state’s population to large urban portions of the state.

Despite all the challenges associated with conducting a legislative session in the face of a global pandemic and an unprecedented weather emergency, the 87th legislature filed and passed about the same number of bills as they do in a typical session. When they gaveled out on May 31st, the legislature had sent 737 With such a major unexpected issue suddenly thrust to bills to Governor Abbott for his signature out of 6,919 the forefront, it was perhaps fortunate for the legislature that were filed. Below is a summary of the bills that are that the U.S. Census Bureau was delayed in getting relevant to rural water utilities, some of which passed detailed 2020 census data to the state before session and some of which did not. Unless otherwise noted, all came to an end. Rather than taking up much of the bills signed by the governor become law on September regular session’s 140 day schedule, the redistricting 1, 2021.

RESPONSE TO THE WINTER STORM

S.B.3 (SCHWERTNER)

While the bulk of this bill addressed problems with the state’s electrical grid brought to light during February ’s freezing weather event, it also contains several provisions pertaining to water utilities. The version that passed the Senate, which went through that chamber with minimal input from stakeholders, would have required all utilities to maintain emergency generator capacity for critical water infrastructure. It also would have prohibited collection of bills accruing during hot and cold weather events commonly experienced in Texas,

and it contained excessive penalties for violations.

TRWA participated with a group of water industry stakeholders to develop language that addressed the legislature’s concerns about water service during weather emergencies without being overly burdensome on utilities. We also testified before the House State Affairs Committee and engaged our members to discuss industry concerns directly with their legislatures. The final version of the bill includes the following key provisions:

• Water utilities must provide service during an extended power outage as soon as it is safe and practicable to do so following the occurrence of a natural disaster.

• Utilities must also adopt and submit to the Texas Commission on Environmental Quality (TCEQ) a plan demonstrating the utility ’s ability to provide emergency operations. Participation in a statewide mutual aid program such as TxWARN counts toward meeting this requirement. The bill also requires TCEQ to develop a template plan for systems to utilize, and mandates that the agency provide systems with access to Financial, Managerial, and Technical (FMT) staff for assistance.

TRWA currently provides these services to systems through a contract with TCEQ. • The final version of the bill contains more reasonable billing provisions than those contained in earlier drafts. S.B. 3 now prohibits systems from disconnecting customers for nonpayment or from imposing late fees during an “extreme weather emergency,” which is defined as a period when 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.

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• S.B. 3 requires utilities to work with customers that request a payment schedule for unpaid bills during extreme weather emergencies, which most systems were already voluntarily doing.

• While the Senate version of the bill authorized fines of up to $1 million per violation of its billing provisions, the final version caps those fines at $50,000 and mandates that only extreme cases qualify for fines of more than $5,000.

• Utilities have until November 1, 2021 to submit critical infrastructure and emergency contact information to the PUCT, their electric provider(s), their local office of emergency management, and the governor’s division of emergency management. They have until March 1, 2022 to submit their emergency preparedness plan to TCEQ, and until July 1, 2022 (or later, if approved by TCEQ) to implement that plan. TRWA will be providing information and guidance on this new requirement.

CYBERSECURITY TRAINING FOR DISTRICT EMPLOYEES AND DIRECTORS

H.B. 1118 (CAPRIGLIONE)

Last session, the legislature mandated that all political subdivision employees and board or council members must complete an annual cybersecurity training approved by the Texas Department of Information Resources.

TRWA developed a training which was approved by the agency and offers it online and in person at many of our conferences.

H.B. 1118 narrows the scope of the cybersecurity requirement and became effective immediately upon the governor signing it on May 18. Under the new law, only employees and board or council members who use a system computer to perform at least 25% of their required duties must complete the annual cybersecurity training. This should eliminate most board or council members and some field staff from the requirement.

TRWA recommends that staff of utilities not required to take this training and who utilize system computers voluntarily complete the training anyway, as water systems continue to be a target for this type of breach.

RETAIL RATES (CITIES)

S.B. 387 (SCHWERTNER)

takeover of service by another utility, regardless of the utility type. TRWA met with Sen. Schwertner’s office and found that they filed the bill in response to a situation in his district where one city took over service of an area from another city. Because the initial bill would have disincentivized many rural utilities from agreeing to take over failing utilities, we assisted the sponsor in drafting language that would address their specific constituent issue. As passed, S.B. 387 only authorizes rate appeals for customers within a city ’s ETJ when their service is taken over by another municipal utility. Districts and water supply corporations are no longer impacted by this bill.

H.B. 3689 (CORTEZ) Chapter 13 of the Water Code gives municipal utility customers located outside a city’s limits the right to appeal their rates to the PUCT since they are not able to vote in city elections. However, in a recent appeal on the reasonableness of a city’s rates outside its limits, the PUCT assumed jurisdiction to review not only those rates but also the rates charged to customers within the city limits.

H.B. 3689 clarifies that the PUCT’s jurisdiction extends only to the rates charged to out-of-city customers.

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Initially, this bill would have allowed customers in a city’s extraterritorial jurisdiction (ETJ) to appeal their rates to the PUCT if their rates increased following a Quench — 2021 — Issue 3 17

WHOLESALE RATES

RURAL BROADBAND

S.B. 997 (NICHOLS)

H.B. 5 (ASHBY)

The PUCT handles wholesale rate appeals in a bifurcated process: first, they must determine whether a wholesale rate is adverse to the public interest, and if it is, the second phase focuses on what the proper rate should be. Dissatisfied parties may only appeal the PUCT’s decision to district court once both phases are complete. S.B. 997 would allow the losing party in the first phase to appeal that decision immediately before moving on to the rate-setting phase. This may reduce the time it takes to litigate these cases.

There were several bills filed on expanding 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 manner in which it is implemented, as well as funding by future legislatures.

CCN ISSUES H.B. 837 (LUCIO) Last session, TRWA was successful in passing legislation that enables utilities to receive compensation when their service area is decertified. Since then, several utilities have been able to work out agreements on compensation with developers who decertify land from their service area. H.B. 837 simply adds to last session’s legislation by requiring the landowner/developer to notify the PUCT once the compensation is paid.

H.B. 3476 (SCHOFIELD)

EMPLOYMENT S.B. 45 (ZAFFIRINI) Current protections against sexual harassment in the workplace only apply to employers with 15 or more employees. S.B. 45 expands those protections to all employers, regardless of the number of people they employ. The bill does not distinguish between public and private sector employees, so it applies to all TRWA members, regardless of whether they are a district, WSC, city, or investor-owned utility. Under the new law, employers commit an unlawful employment practice if sexual harassment occurs in the workplace and the employer or its management knew or should have known of the conduct and failed to take immediate corrective action. “Sexual harassment” is defined as an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature if:

The Water Code requires cities with a population of 500,000 or more to give their consent when a new CCN is requested within the city’s boundaries or extraterritorial jurisdiction (ETJ). As a condition of giving consent, the city may require that all water and sewer facilities be designed and constructed in accordance with its standards. In general, cities have less authority in their ETJ than they do within their boundaries, and H.B. 3476 makes a similar distinction in this area. Under the new law, affected cities may no longer require facilities within their ETJ to comply • submission to the advance, request, or conduct is made a term or condition of an individual's with the city’s standards. Instead, those facilities are employment, either explicitly or implicitly; subject to standards set forth by TCEQ. The bill does • submission to or rejection of the advance, request, not affect cities’ ability to require that facilities within or conduct by an individual is used as the basis for their city boundaries be designed and constructed in a decision affecting the individual's employment; accordance with their standards.

• the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or • the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

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PUBLIC INFORMATION ACT

S.B. 1225 (HUFFMAN)

Last session, the legislature allowed 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 is still able to 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.

H.B. 1082 (KING) 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, without those individuals having to proactively request this information be kept confidential. The law became effective immediately after being signed by the governor on May 19.

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H.B. 872 (BERNAL) 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 flips this “opt in” confidentiality process to an “opt out” structure. Beginning September 1, utilities can automatically withhold this information from Public Information Act requests without express permission from their customers. Instead, customers may request that the information be made available on request. This should make responding to this type of request much easier because utilities will no longer need to redact the information of some customers while providing the information of others. TRWA will be updating our Sample Tariff and the associated sample confidentiality form this summer to reflect the new law before it goes into effect.

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EMINENT DOMAIN S.B. 721 (SCHWERTNER)

Recognizing the increasing use of cloud-based services for data storage, processing, and cybersecurity, S.B. 58 adds those services to the list of types of personal property political subdivisions may finance.

This bill requires entities using their eminent domain authority to disclose to the landowner all current and existing appraisal reports produced or acquired by the H.B. 1476 (BELL) entity relating to that property. The entity must disclose the reports no later than the third business day before the This bill requires political subdivisions to provide vendors with notice of an error or a disputed amount under a special commissioner’s hearing on the property’s value. contract not later than the 21st day after the political subdivision receives an invoice. The notice must include S.B. 726 (SCHWERTNER) a detailed statement of the amount Landowners whose property is taken by eminent domain in dispute, and the political have the right to repurchase property if the condemning subdivision may withhold from entity fails to demonstrate actual progress toward the payments no more than 110% of public use of the property by the 10th anniversary of the the disputed amount. date the land was acquired. Condemning entities can demonstrate actual progress if they can demonstrate that BOARD OF PLUMBING they have completed two out of five affirmative steps EXAMINERS SUNSET toward developing the property, such as the performance of a significant amount of labor or hiring of a significant H.B. 636 (THOMPSON) amount of architectural or engineering work. S.B. 726 Like all agencies, the Texas State Board of Plumbing raises the standard for demonstrating actual progress. Examiners (TSBPE) is subject to the sunset review process, Beginning September 1, condemning entities must in which the legislature decides whether to continue demonstrate that they have completed three out of the five the agency’s existence and makes changes to their responsibilities and duties. Last session, the legislature enumerated actions rather than two out of five. planned to abolish the agency and transfer its functions to the Texas Department of Licensing and Regulation S.B. 157 (PERRY) All entities with eminent domain authority must file an (TDLR), which oversees a variety of other professional annual report with the Texas Comptroller relating to licenses. However, that bill failed to pass at the last their eminent domain activity in the previous year. This minute, so Governor Abbott continued the board’s is the report that TRWA’s Legal Department submits on existence through 2021 by executive order to prevent our subscribing members’ behalf ahead of the annual the industry from being totally unregulated. This year February 1 deadline each year. Under the new law, was less dramatic. Rather than transferring oversight of districts and cities with populations of less than 25,000 the plumbing industry to TDLR, the legislature decided to must only submit the annual report if some of the information continue the TSBPE’s existence through 2027. required on the report has changed since the previous filing. Systems must still verify the accuracy of the report on an annual basis, so this bill may not change a lot from an administrative perspective. The Legal Department will monitor how the Comptroller implements this bill to further assess its impact on our district and city members. WSC members are unaffected by S.B. 157 and must continue submitting a report each year.

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POLITICAL SUBDIVISIONS S.B. 58 (ZAFFIRINI) The Local Government Code authorizes political subdivisions to finance the purchase of personal property, including computer hardware and equipment.

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BILLS OF SIGNIFICANCE TO TRWA MEMBERS THAT FAILED TO PASS WATER PROGRAM OVERSIGHT

to passing, but we are well-positioned to make progress on this issue next session. In the meantime, utilities should H.B. 3650 (LUCIO, III) continue to seek variances from TCEQ based on their Many in the water industry, including TRWA members, actual demand if RV parks are having a substantial impact were closely watching this bill, which would have on their capacity requirements. transferred oversight of water utilities back to TCEQ from the PUCT, which has overseen rate and CCN issues S.B. 1719 (HALL) since 2013. TRWA testified in support of this bill due to the challenges of water utilities being regulated by Senator Hall filed this bill in response to a cost of service dispute in his district between a WSC and one of its new two agencies. The House Natural Resources customers in 2019. TRWA assisted in resolving Committee unanimously voted it out for the dispute at that time, and we worked with the consideration by the entire House, but it was senator’s office in the interim to develop legislation never set for debate in that chamber and did to address the underlying issue. S.B. 1719 would not proceed any further. This bill could be the have allowed PUCT to review membership and starting point for more conversations about this tap fees charged to new applicants for service to issue moving forward. ensure they were consistent with the WSC’s tariff.

The bill passed the Senate but did not receive a FEES committee hearing in the House.

H.B. 3802 (LOZANO) This bill started as one TRWA members were concerned about, but through our legislative efforts we turned it into a bill that would have been very good for our industry.

TCEQ counts each space at an RV park as a full connection for purposes of determining the capacity a utility must maintain to serve those properties. Some WSCs charge RV parks an additional fee to recover the cost associated with this extra capacity. As filed, H.B. 3802 would have prohibited WSCs from charging these fees, which are already prohibited for districts.

CCN ISSUES

H.B. 1435 (LUCIO, III)

This bill would have amended Section 13.255 of the Water Code pertaining to decertification of a utility’s certificate of convenience and necessity (CCN) by cities.

Under current law, the PUCT automatically grants a city’s petition for single certification of an area within its limits, subject to the city paying compensation to the decertified utility. The proposed law would have required cities to demonstrate that the CCN holder was unable to provide The TRWA Legislative Team worked with Rep. Lozano’s continuous and adequate service to the area in question office, the bill’s Senate sponsor (Sen. Zaffirini), and before decertifying it. It also removed the “useless and representatives of the RV park industry to draft a valueless” language in current law that has hindered compromise bill that all sides could support. Under the systems receiving fair compensation in cases before final version, TCEQ would have been required to count the PUCT, bringing the city-instigated decertification individual RV spaces as a percentage of a standard single statute into alignment with the one for developers. TRWA family home, rather than as a full connection, for purposes supported this bill before the House Natural Resources of determining the property’s number of connections. Committee, but they did not vote it out.

Without a disproportional impact on the utility’s capacity requirement, utilities would no longer need to charge an SERVICE EXTENSION POLICIES additional fee.

H.B. 1926 (WILSON) Unfortunately, while the bill passed the House, made it through the Senate Water, Agriculture, and Rural Affairs Committee, and was placed on the full Senate’s intent calendar near the end of session, like many bills it simply ran out of time. It is frustrating that this bill came so close 22 Quench — 2021 — Issue 3

TRWA fought hard against this bill, which would have established a new appeal process for the PUCT to review the finding of a water supply corporation or special utility district that a developer failed to comply with the system’s service extension policy or engineering requirements for service. We asked TRWA’s members to contact their

representatives about this bill on two occasions when it was set for hearing in the House Natural Resources Committee, and it was pulled from consideration both times. The bill was filed in response to a conflict between a developer and an investor-owned utility that had purchased a water supply corporation several years ago. TRWA facilitated discussions between these parties near the end of session, and we are hopeful that they will be able to work out their conflict locally without the need for legislation next session.

OPEN MEETINGS

H.B. 768 (PATTERSON)

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TRWA members testified against this bill, which applied to all political subdivisions located wholly or partly within a county of more than 5,000 people. As filed, H.B. 768 required these political subdivisions to upload an audio and visual recording of their meetings to their website, which would have been a challenge for many of our members due to technical or staffing limitations. The bill was ultimately amended to apply only to counties, cities and school districts. It was voted out of committee but did not receive a vote on the House floor.

REMOTE MEETINGS

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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. With almost a year of entities operating in this way when the legislative session convened in January, numerous legislators filed bills that would make some or all parts of this new way of doing business a permanent option. Some bills would have made permanent all facets of the governor’s 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. In July, Governor Abbott rescinded his order, effective September 1, 2021.

Since none of the proposed bills passed this session, entities subject to the Open Meetings Act must return to the fully in-person meetings they were accustomed to holding before COVID-19 changed things last year.

Fully remote meetings are still allowed at each entity’s discretion through the end of August.

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PER- AND P O LY F L U O R O A L K Y L S U B S TA N C E S ( P FA S ) WHY PFAS MATTER TO RURAL WATER PROVIDERS

BY NATHAN CANTRELL TRWA WASTEWATER TECHNICIAN

In current conversations about long-term chemical safety, few phrases raise as much concern as PFAS. The acronym stands for poly- and perfluoroalkyl substances. For water and wastewater utilities charged with protecting public health and the environment, they are becoming a major nuisance.

THE “FOREVER CHEMICALS” PFAS chemicals are often referred to as “forever chemicals” because they do not naturally degrade in the environment. The sticky nature of PFAS chemicals means they can build up in the human body and lead to health problems including effects on the immune system and the thyroid, as well as an elevated risk for certain types of cancer.

While classified as organic compounds, Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) are a group of man-made carbon-fluorine chemicals produced since the 1940s. They were widely used in non-stick household products, water/stain-repellants, food paper packaging (e.g., compostable pizza boxes and coffee cups), lubricants, aviation firefighting foams and more, according to the Environmental Protection Agency (EPA). The widespread use of these chemicals has led to their widespread presence in the national environment. PFAS have been detected in drinking water, rainfall, wastewater, and landfill leachate.

In May 2016, the U.S. EPA issued a public health advisory — not a regulatory number — of 70 parts per trillion. Though not an enforceable limit, 70 parts per trillion has since become a de facto standard at the state regulatory level. PFAS are the only drinking water contaminants widely used in consumer products subject to regulations down to parts per trillion.

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EXISTING TREATMENT OPTIONS FOR PFAS-CONTAMINATED WATERS Treating PFAS-contaminated water before being discharged to an aquatic receiving source will help reduce its accumulation in water systems.

The three existing options for removing PFAS from wastewater (and therefore drinking water cycles) are: • Granular activated carbon (GAC) • Ion-exchange (IX) resins • High-pressure membrane filtration,

nanofiltration and reverse osmosis (RO).

There are pros and cons to consider with each of these technologies. Choosing an option requires balancing costs and operational feasibility against the needs of each specific community. These technologies can be used at the system level in drinking water treatment facilities, focused in high-needs facilities such as water systems in hospitals, or at the individual building level or even in homes. Currently, the options above are the only non-experimental routes on the market. Although there is work is being done on advanced oxidation treatment techniques, these are not yet commercial and could come with a high energy price tag.

PA S S I T O N

DEVELOPING A HABIT OF KNOWLEDGE TRANSFER I N T H E WA S T E R A N D WA S T E WAT E R I N D U S T RY

BY THOMAS J. ACKER, JR. TRWA INSTRUCTOR

In the past couple of months, I have increasingly had water and wastewater operators in classes struggling to turn their classroom experience into field work.

Many come on board raw with no experience while older, experienced operators are retiring or leaving the industry. Without intentional processes, when operators leave, system knowledge leaves with them.

To be successful, green operators need a set-aside time for intense information sharing and hands-on demonstrations.

Expectedly, workers who come from outside the water and wastewater arena don’t come with the know-how necessary to be responsible for system work. To get a new operator up to speed, most need a minimum of at least a month with the outgoing operator and more time if they can get it. Even though it feels straightforward, the team can’t point to a map and say: “There’s the valve”, then expect a new operator to instantly find it when they go into the field. Maps are not always updated. We experienced students need to update and do "asbuilts" that are correct so new folks at the very least have an accurate point of reference.

Running a plant is simply not an intuitive process that new hires should be expected to understand. Each plant has its own quirks and builds. New operators need the outgoing employees to show them the ropes as to how the plant operates and to demonstrate real applications of the TCEQ regulations in regards to plant maintenance.

Even experienced operators can’t be placed in a new plant and expect to know how it all runs. Each plant is its own fine-tuned machine. Only from experience does each operator learn a plant’s intricacies.

For the new operator off the street, the Distribution System, Collection System and Plants are a fearsome animal to learn and to tame. The problem with relying on reading materials and not being shown is that something simple can be a nightmare to a new operator the first time they experience it in the real world. There is a lot of equipment in the ground and in a plant that operators need to be shown and taught about when there’s no

emergency, just so the logistics don’t intimidate them when an issue arises.

I always start my class by introducing everyone and having them give their experience. That little bit of information shows the new operators there is a lot of experience out there to draw from. We also pass around contact information so that these newer operators have an experienced hand to call when there’s no one else around. I also encourage the experienced operators to talk about and share events that were a genuine learning experience.

The military has a longstanding model of explaining and teaching the new recruits. In the water and wastewater industry, we need to adopt a habit of teaching newbies exactly how the plant and system for a company works. The model of military personnel being “trained up” ensures that when someone leaves a position, the knowledge doesn’t leave with them.

In our industry, this would mean if the lead or experienced operator cannot be there to run the plant, someone would at least be able to keep the train on the tracks in an emergency situation.

We also need to ensure that new operators understand why procedures are done a certain way. For example, there are some tests that will give false readings if they are not performed in the proper sequence. The same thing applies to a plant or system. If you do not flush correctly, inspect correctly, keep your bugs happy, or get the right disinfection, not only will the company suffer, but so will the customers!

Each plant is its own fine-tuned machine. Only from experience does each operator learn a plant's intricacies.

For the experienced operators in our industry, knowledge has been the power placing them at the top of their system. When they leave or retire, passing that knowledge on and making sure that someone can operate everything is equally powerful for operators, the system, and the community. Passing on that knowledge ensures the water we drink is safe and that our wastewater systems will work.

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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 predicting 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 system and 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:

1 2

Safeguard your documents—keep copies in a safe deposit box and/or in a secure, password protected digital file.

3 4

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:

1

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:

1 2

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 or workplace: • Leave a note with information on where you and your family are headed.

• Put on multiple layers of sturdy clothing.

Keep a full tank of gas in your vehicle if an evacuation seems likely (If you are located in a disaster-prone area, keeping a half tank of gas at all times will help keep you safe in case of a sudden evacuation).

3 4

2

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.

26 Quench — 2021 — Issue 3

De-clutter drains and gutters, bring in outside furniture, consider hurricane shutters (if not, cover windows with plywood if a storm is imminent).

• Unplug small electrical equipment like radios, televisions and small appliances.

BUILD COMMUNITY In times of emergency, helping our local and state community can increase everyone's resilience.

1 2

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.

1 2

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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TRWA L AUNCHES THIRD EMERGING LEADERS CLASS We are pleased to announce our 2021-22 class of Emerging Leaders! The TRWA Emerging Leaders Program (ELP) is TRWA’s professional development and networking program developed to enhance individual leadership skills, and prepare participants to be active and engaged community leaders and advocates for rural water issues.

This year’s ELP program kicked off with an in-person orientation at TRWA headquarters in Austin with the fourteen admitted applicants.

During the training, participants heard from TRWA Executive Director Lara Zent, TRWA Deputy Executive Director Allison Kaminsky, leadership consultant Rolando Garza, Texas Water Development Board Director Kathleen Jackson, TRWA Board President Chris Boyd and TRWA Board Vice President Bruce Alexander.

The ELP combines in-person and remote learning specifically designed to enhance leadership, engagement, and advocacy among early- to

mid-career utility professionals. Over the course of nine months, participants earn leadership development credit hours by attending live training sessions and webinars, interacting through an online forum, completing monthly assignments and speaking one-on-one with their assigned coach. Participants will also plan and execute an individual local project benefitting their community as a requirement for graduation.

The curriculum is divided into units that focus on core leadership competencies and focus areas.

The core competencies included in TRWA’s leadership model are: • • • • •

Personal Leadership People Leadership Results Leadership Industry Leadership Change Leadership

Pictured above: All 14 ELP Participants pose with their afternoon presenter, Texas Water Development Board Member Kathleen Jackson.

The 2021-22 ELP Class: Name Adam Telfer Carlos Sanchez Christian Sanchez David Strauss Emily Davis Glenda Gamboa Jennifer Potts Joshua Smith Kimberly Zamora Manuel Mujica North Michael Saldana Ryan Pingenot T. Chad Wilson Tanya Brooks Warnasch

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Organization Occupation

Assigned Coach

CRWA Operations Manager Kevin Spence North Alamo WSC Assistant Superintendent Bruce Alexander North Alamo WSC Assistant New Account Supervisor Kent Watson East Medina County SUD Operator Chris Boyd Mustang SUD Public Relations Assistant Karen Theiss North Alamo WSC Ops Support Supervisor Paula Weber Potosi WSC Co-Manager Mark Rogers Kingsland WSC CS Supervisor Steven Sanchez Green Valley SUD Office Manager Steve Adams Alamo WSC Meter Reader Specialist Robert Nettles CRWA Plant Manager Charles Beseda Mustang SUD Wastewater Operator Carlos Febus College Mound SUD Field Manager Allen Knight SS WSC Customer Service Supervisor/ Pat Allen Billing Specialist

The curriculum focus areas are: • Advocacy and Grassroots Engagement • Management • Public Relations, Community Outreach and

Media Relations • Water Policy in Texas • Financial Management and Strategic Planning

Financing Solutions for Rural Water Systems

In addition to professional development, networking opportunities enable participants to connect with influential leaders in the water and wastewater industry.

The program culminates with a graduation ceremony during RuralWaterCon 2022, which will be held April 7-8 in Round Rock.

Previous Emerging Leader alumni continue to engage with the Association through multiple channels, such as TRWA conference programming input, Quench article contribution, serving as an ELP coach, and serving on our Board in Director or Alternate Director positions.

We will feature more information on our program participants and their local projects in future issues of Quench. If you have any questions about the ELP or want to get on the interest list for the next class, please email leadership@trwa.org.

CoBank is a sponsor of our Emerging Leaders Program — we are gratefull for their partnership and investment in our emerging leaders.

In partnership with TRWA, CoBank can offer members specially negotiated terms.

Visit www.trwa.org/cobank or contact John DeLuca at 303-694-5958

WTR_ADM_TX-RWA-3625x4875.indd 1

Top: Paula and Glenda get to know each other at the ELP luncheon.

Bottom: ELP Coaches receive leadership training during orientation.

2/12/21 7:04 AM

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Welcome to our new TRWA Members!

Seguro Water Co, San Antonio Flying L Public Utility District, Bandera Camilla Coves Lot Owners Association, Coldspring Lower Valley Water District, Clint City of Jayton, Jayton Ericksdahl Water Supply, Stamford McCraw's Chapel WSC, Honey Grove Gafford Chapel WSC, Sulphur Springs

Thank You 2021 Texas Rural Water PAC Sponsors Gold

Brian Macmanus Bruce Alexander Charles Beseda Chris Boyd Clay Hodges Dave McMurry Dennis Donoho James Morrison Kent Watson Kevin Spence Lara Zent

Silver

Lone Star Water Company, Justin City of Murchison, Murchison Calhoun Port Authority, Point Comfort City of Primera, Primera Camp Balcones Springs, Marble Falls City of Booker, Booker City of Blue Mound, Blue Mound Avalon Point Water Services, LLC, Austin Maverick County WCID#1, Eagle Pass City of McLean, McLean Tri County Point POA, Palacios Shield Ranch Water System, Austin Tempe WSC, Livingston

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Mark Gardenhire Pat Allen Randall Baker Robert Nettles Roby Jekel Shirley Thompson Steve Adams Steven Sanchez Thomas Jendrusch Tom Cowley

Allen Knight

Bronze Carol A. Peters Chelsey Siercks

Cookie McKee Felix Ruiz

Advertiser Index AIA Insurance Agency...................................... Page 13 Childress Engineers..................................................... 21 CoBank........................................................................... 29 Ferguson Waterworks................................................ 20 Hayter Engineering...........................................................23 Hayes Engineering...................................................... 29 HydroPro Solutions.....................................................13 J.F. Fontaine & Associates..................................23 MRB Group....................................................................23 NewGen Strategies & Solutions................................ 7 Pittsburg Tank & Tower Maintenance Co., Inc........ 7 Russell Drilling Co., Inc................................................. 7 Texas Aquastore..........................................................19 SAMCO.......................................................................... .10 Smith Pump Co., Inc.................................................... 29

Plan Ahead CONFERENCES: October 6-7, 2021 Fall Management and Districts Conferences, San Antonio Embassy Suites November 3-4, 2021 Fall Management Conference, Dallas/Allen Courtyard by Marriott

OPERATOR TRAINING COURSES:

Learn more about our upcoming classroom and online training options at www.trwa.org/training Virtual Courses Water Utility Safety – August 17-19 Wastewater Treatment – August 24-26 Wastewater Collections – August 31-September 2 In-Person Courses Wastewater Treatment – Clarendon – July 27-29 Pump and Motor Maintenance – Harlingen July 27-29 Customer Service Inspections – Bells – August 10-11 Surface Water Production I – Decatur – August 10-12 Pump and Motor Maintenance – Mabank – August 17-19 Wastewater Collections – Harlingen – August 17-19 Water Distribution – Clarendon – August 24-26 Water Utility Management – Harlingen – August 31- September 2

PUBLIC FUNDS INVESTMENT ACT TRAINING: Virtual – August 17 Virtual – October 20

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1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org