Bill Text: TX HB2578 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the development of brackish groundwater and the use of brackish water and seawater; providing a penalty.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2013-05-10 - Referred to Natural Resources [HB2578 Detail]
Download: Texas-2013-HB2578-Engrossed.html
By: Larson, Callegari, Anderson, Villalba | H.B. No. 2578 |
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relating to the development of brackish groundwater and the use of | ||
brackish water and seawater; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) With this state facing an ongoing drought, | ||
continuing population growth, and the need to remain economically | ||
competitive, this state must secure and develop plentiful and | ||
cost-effective water supplies to meet the ever-increasing demand | ||
for water. The purpose of this Act is not to hinder conservation | ||
efforts, because such efforts help reduce the need for new sources | ||
of water, or to hinder current development of fresh groundwater, | ||
fresh surface water, water reclamation, or aquifer storage and | ||
recovery. However, this state must explore every water resource in | ||
order to balance the supply and demand for water, one of the most | ||
precious resources of this state. | ||
(b) Brackish groundwater and marine seawater are | ||
potentially new sources of public drinking water for this state. | ||
This state has an estimated 880 trillion gallons of brackish | ||
groundwater and access to over 600 quadrillion gallons of marine | ||
seawater from the Gulf of Mexico. The purpose of this Act is to | ||
streamline the process and reduce the cost and regulation of | ||
desalination. | ||
SECTION 2. Section 11.121, Water Code, is amended to read as | ||
follows: | ||
Sec. 11.121. PERMIT REQUIRED. Except as provided in | ||
Sections 11.142, 11.1421, [ |
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construction of any work designed for the storage, taking, or | ||
diversion of water without first obtaining a permit from the | ||
commission to make the appropriation. | ||
SECTION 3. Section 11.1311, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) The board may transfer interests in a permit issued | ||
under Subsection (a) [ |
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authority, other political subdivision, or water supply | ||
corporation organized under Chapter 67 as otherwise provided by | ||
law. | ||
(b-1) In this subsection, "marine seawater" has the meaning | ||
assigned by Section 11.1423, and "brackish water" means water that | ||
contains a total dissolved solids concentration of more than 1,000 | ||
milligrams per liter and is not marine seawater. On submission of an | ||
application to the commission, the commission shall issue without a | ||
hearing a permit to use the bed and banks of any flowing natural | ||
stream in the state to convey marine seawater or brackish water. | ||
The commission shall adopt rules to implement a procedure for | ||
application for a permit to convey marine seawater or brackish | ||
water consistent with this subsection. A flowing natural stream | ||
does not include impounded water. The commission shall provide | ||
notice and an opportunity for hearing for an application for a | ||
permit to convey marine seawater or brackish water into or through a | ||
lake, reservoir, or other impoundment. | ||
SECTION 4. Subchapter D, Chapter 11, Water Code, is amended | ||
by adding Section 11.1423 to read as follows: | ||
Sec. 11.1423. PERMIT EXEMPTION FOR USE BY WATER SUPPLY | ||
ENTITY OF MARINE SEAWATER. (a) In this section: | ||
(1) "Marine seawater" means water that contains a | ||
total dissolved solids concentration based on a yearly average of | ||
samples taken at the water source of more than 10,000 milligrams per | ||
liter that is derived from the Gulf of Mexico or an adjacent bay, | ||
estuary, or arm of the Gulf of Mexico. | ||
(2) "Water supply entity" includes: | ||
(A) a retail public utility as defined by Section | ||
13.002; | ||
(B) a wholesale water supplier; or | ||
(C) an irrigation district operating under | ||
Chapter 58. | ||
(b) Without obtaining a permit, a water supply entity may | ||
use for any beneficial purpose state water that consists of marine | ||
seawater. | ||
(c) A water supply entity must treat marine seawater and | ||
brackish water so that it meets the water quality level of the | ||
receiving stream before the entity may put the water into a stream | ||
under an authorization granted under Section 11.042. | ||
(d) This section does not prohibit a water supply entity | ||
from conveying water under this section in any other manner | ||
authorized by law, including through the use of facilities owned or | ||
operated by the state if authorized by the state. | ||
SECTION 5. Section 16.053(e), Water Code, is amended to | ||
read as follows: | ||
(e) Each regional water planning group shall submit to the | ||
development board a regional water plan that: | ||
(1) is consistent with the guidance principles for the | ||
state water plan adopted by the development board under Section | ||
16.051(d); | ||
(2) provides information based on data provided or | ||
approved by the development board in a format consistent with the | ||
guidelines provided by the development board under Subsection (d); | ||
(2-a) is consistent with the desired future conditions | ||
adopted under Section 36.108 for the relevant aquifers located in | ||
the regional water planning area as of the date the board most | ||
recently adopted a state water plan under Section 16.051 or, at the | ||
option of the regional water planning group, established subsequent | ||
to the adoption of the most recent plan; | ||
(3) identifies: | ||
(A) each source of water supply in the regional | ||
water planning area, including information supplied by the | ||
executive administrator on the amount of modeled available | ||
groundwater in accordance with the guidelines provided by the | ||
development board under Subsections (d) and (f); | ||
(B) factors specific to each source of water | ||
supply to be considered in determining whether to initiate a | ||
drought response; | ||
(C) actions to be taken as part of the response; | ||
and | ||
(D) existing major water infrastructure | ||
facilities that may be used for interconnections in the event of an | ||
emergency shortage of water; | ||
(4) has specific provisions for water management | ||
strategies to be used during a drought of record; | ||
(5) includes but is not limited to consideration of | ||
the following: | ||
(A) any existing water or drought planning | ||
efforts addressing all or a portion of the region; | ||
(B) approved groundwater conservation district | ||
management plans and other plans submitted under Section 16.054; | ||
(C) all potentially feasible water management | ||
strategies, including but not limited to improved conservation, | ||
reuse, and management of existing water supplies, conjunctive use, | ||
acquisition of available existing water supplies, and development | ||
of new water supplies; | ||
(D) protection of existing water rights in the | ||
region; | ||
(E) opportunities for and the benefits of | ||
developing regional water supply facilities or providing regional | ||
management of water supply facilities; | ||
(F) appropriate provision for environmental | ||
water needs and for the effect of upstream development on the bays, | ||
estuaries, and arms of the Gulf of Mexico and the effect of plans on | ||
navigation; | ||
(G) provisions in Section 11.085(k)(1) if | ||
interbasin transfers are contemplated; | ||
(H) voluntary transfer of water within the region | ||
using, but not limited to, regional water banks, sales, leases, | ||
options, subordination agreements, and financing agreements; [ |
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(I) emergency transfer of water under Section | ||
11.139, including information on the part of each permit, certified | ||
filing, or certificate of adjudication for nonmunicipal use in the | ||
region that may be transferred without causing unreasonable damage | ||
to the property of the nonmunicipal water rights holder; and | ||
(J) opportunities for and the benefits of | ||
developing large-scale desalination facilities for brackish | ||
groundwater or seawater that serve local or regional brackish | ||
groundwater production zones identified or designated under | ||
Section 16.060(c)(5); | ||
(6) identifies river and stream segments of unique | ||
ecological value and sites of unique value for the construction of | ||
reservoirs that the regional water planning group recommends for | ||
protection under Section 16.051; | ||
(7) assesses the impact of the plan on unique river and | ||
stream segments identified in Subdivision (6) if the regional water | ||
planning group or the legislature determines that a site of unique | ||
ecological value exists; | ||
(8) describes the impact of proposed water projects on | ||
water quality; and | ||
(9) includes information on: | ||
(A) projected water use and conservation in the | ||
regional water planning area; and | ||
(B) the implementation of state and regional | ||
water plan projects, including water conservation strategies, | ||
necessary to meet the state's projected water demands. | ||
SECTION 6. Section 16.060, Water Code, is amended to read as | ||
follows: | ||
Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) In | ||
this section, "brackish water desalination project" means a | ||
desalination project the primary purpose of which is the | ||
development of new drinking water. The term does not include the | ||
reuse, recycling, or disposal of wastewater. | ||
(b) The board shall undertake or participate in research, | ||
feasibility and facility planning studies, investigations, and | ||
surveys [ |
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cost-effective water supplies from seawater or brackish water | ||
desalination in the state. | ||
(c) [ |
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report on the implementation of seawater or brackish water | ||
desalination activities in the state and shall submit it to the | ||
governor, lieutenant governor, and speaker of the house of | ||
representatives not later than December 1 of each even-numbered | ||
year. The report shall include: | ||
(1) results of the board's studies and activities | ||
relative to seawater or brackish water desalination during the | ||
preceding biennium; | ||
(2) identification and evaluation of research, | ||
regulatory, technical, and financial impediments to the | ||
implementation of seawater or brackish water desalination | ||
projects; | ||
(3) evaluation of the role the state should play in | ||
furthering the development of large-scale seawater or brackish | ||
water desalination projects in the state; [ |
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(4) the anticipated appropriation from general | ||
revenues necessary to continue investigating water desalination | ||
activities in the state during the next biennium; | ||
(5) identification and designation of local or | ||
regional brackish water production zones in areas of the state with | ||
moderate to high availability and productivity of brackish water | ||
that can be used to reduce the use of fresh groundwater and that: | ||
(A) are separated by hydrogeologic barriers | ||
sufficient to prevent significant impacts to water availability or | ||
water quality in other aquifers, subdivisions of aquifers, or | ||
geologic strata; | ||
(B) are not, at the time of designation as a | ||
brackish water production zone, serving as a primary water supply | ||
for any purpose other than supplying a desalination project; and | ||
(C) are not located: | ||
(i) in areas determined to be susceptible | ||
to subsidence; or | ||
(ii) in the Edwards Aquifer and within the | ||
boundaries of the Edwards Aquifer Authority; and | ||
(6) information regarding state participation in | ||
public-private partnerships to advance research efforts, implement | ||
pilot projects, and develop new technologies related to: | ||
(A) water transport; | ||
(B) brine disposal; | ||
(C) pretreatment of seawater and brackish water; | ||
and | ||
(D) innovative concentrate management | ||
strategies. | ||
(d) [ |
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of funding for seawater and brackish water desalination projects in | ||
the state. | ||
(e) The board shall work together with groundwater | ||
conservation districts and stakeholders and shall consider the | ||
Brackish Groundwater Manual for Texas Regional Water Planning | ||
Groups, and any updates to the manual, and other relevant | ||
scientific data or findings when identifying and designating | ||
brackish water production zones under Subsection (c)(5). | ||
(f) In preparing the report described by Subsection (c), the | ||
board shall incorporate input from water utilities, water | ||
providers, municipalities, and other public or private entities | ||
that have an interest in developing and implementing seawater or | ||
brackish water desalination projects. | ||
(g) The board shall coordinate with the Texas Center for | ||
Innovative Desalination Technology and any other entity created by | ||
the state to study, promote, facilitate, or improve the | ||
development, financing, implementation, or enhancement of seawater | ||
or brackish water desalination technology or projects. | ||
(h) The board shall coordinate with each agency identified | ||
in the report to provide assistance with applicable regulatory | ||
requirements to improve implementation of seawater or brackish | ||
water desalination technology or projects. | ||
SECTION 7. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1015 to read as follows: | ||
Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER | ||
PRODUCTION ZONES. (a) In this section, "designated brackish | ||
groundwater production zone" means an aquifer, subdivision of an | ||
aquifer, or geologic stratum designated under Section | ||
16.060(c)(5). | ||
(b) On receipt of a petition from a person with a legally | ||
defined interest in groundwater in the district, a district located | ||
over any part of a designated brackish groundwater production zone | ||
shall adopt rules for the issuance of permits to withdraw brackish | ||
groundwater from a well in a designated brackish groundwater | ||
production zone for a project designed to treat brackish | ||
groundwater to drinking water standards. The rules must: | ||
(1) allow unlimited withdrawals and rates of | ||
withdrawal of brackish groundwater from a designated brackish | ||
groundwater production zone; | ||
(2) provide for a minimum term of 30 years for a permit | ||
issued for a well that produces brackish groundwater from a | ||
designated brackish groundwater production zone; | ||
(3) require reasonable monitoring of an aquifer, | ||
subdivision of an aquifer, or geologic stratum adjacent to a | ||
designated brackish groundwater production zone; | ||
(4) allow the district to amend a permit issued under | ||
rules adopted under this section following receipt of a report | ||
requested under Subsection (c); and | ||
(5) require reports from the holder of a permit issued | ||
under rules adopted under this section that must include: | ||
(A) the amount of brackish groundwater | ||
withdrawn; | ||
(B) the average monthly water quality of the | ||
brackish groundwater withdrawn; and | ||
(C) aquifer levels in both the designated | ||
brackish groundwater production zone and in any aquifer, | ||
subdivision of the aquifer, or geologic stratum for which the | ||
permit requires monitoring. | ||
(c) The district shall provide the reports required under | ||
Subsection (b)(5) to the Texas Water Development Board. On request | ||
from the district, the development board shall investigate and | ||
issue a report on whether brackish groundwater withdrawals from the | ||
designated brackish groundwater production zone are causing: | ||
(1) significant aquifer level declines; or | ||
(2) adverse impacts to water quality in an aquifer, | ||
subdivision of an aquifer, or geologic stratum. | ||
(d) After receiving a report requested under Subsection | ||
(c), the district may, after notice and hearing: | ||
(1) amend the applicable permit to establish a | ||
production limit necessary to mitigate any impacts identified by | ||
the report; | ||
(2) approve a mitigation plan that alleviates any | ||
adverse impacts identified by the report; or | ||
(3) both amend the permit to establish a production | ||
limit and approve a mitigation plan. | ||
SECTION 8. Section 36.1071(a), Water Code, is amended to | ||
read as follows: | ||
(a) Following notice and hearing, the district shall, in | ||
coordination with surface water management entities on a regional | ||
basis, develop a management plan that addresses the following | ||
management goals, as applicable: | ||
(1) providing the most efficient use of groundwater; | ||
(2) controlling and preventing waste of groundwater; | ||
(3) controlling and preventing subsidence; | ||
(4) addressing conjunctive surface water management | ||
issues; | ||
(5) addressing natural resource issues; | ||
(6) addressing drought conditions; | ||
(7) addressing conservation, recharge enhancement, | ||
rainwater harvesting, precipitation enhancement, or brush control, | ||
where appropriate and cost-effective; [ |
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(8) addressing the desired future conditions adopted | ||
by the district under Section 36.108; and | ||
(9) identifying goals for the development of brackish | ||
groundwater desalination strategies in designated brackish | ||
groundwater production zones. | ||
SECTION 9. Section 36.108(d-2), Water Code, is amended to | ||
read as follows: | ||
(d-2) The desired future conditions proposed under | ||
Subsection (d) must provide a balance between the highest | ||
practicable level of groundwater production and the conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater and control of subsidence in the management area. The | ||
desired future condition does not apply to brackish groundwater | ||
production in designated brackish groundwater production zones. | ||
This subsection does not prohibit the establishment of desired | ||
future conditions that provide for the reasonable long-term | ||
management of groundwater resources consistent with the management | ||
goals under Section 36.1071(a). The desired future conditions | ||
proposed under Subsection (d) must be approved by a two-thirds vote | ||
of all the district representatives for distribution to the | ||
districts in the management area. A period of not less than 90 days | ||
for public comments begins on the day the proposed desired future | ||
conditions are mailed to the districts. During the public comment | ||
period and after posting notice as required by Section 36.063, each | ||
district shall hold a public hearing on any proposed desired future | ||
conditions relevant to that district. During the public comment | ||
period, the district shall make available in its office a copy of | ||
the proposed desired future conditions and any supporting | ||
materials, such as the documentation of factors considered under | ||
Subsection (d) and groundwater availability model run results. | ||
After the public hearing, the district shall compile for | ||
consideration at the next joint planning meeting a summary of | ||
relevant comments received, any suggested revisions to the proposed | ||
desired future conditions, and the basis for the revisions. | ||
SECTION 10. Chapter 111, Education Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. TEXAS CENTER FOR INNOVATIVE | ||
DESALINATION TECHNOLOGY | ||
Sec. 111.131. DEFINITIONS. In this subchapter: | ||
(1) "Boards" means the board of regents of the | ||
University of Houston System and the board of regents of The | ||
University of Texas System. | ||
(2) "Center" means the Texas Center for Innovative | ||
Desalination Technology established under this subchapter. | ||
Sec. 111.132. ESTABLISHMENT. (a) The Texas Center for | ||
Innovative Desalination Technology is established as a partnership | ||
between the University of Houston, The University of Texas at | ||
Brownsville, and The University of Texas at El Paso. | ||
(b) The organization, control, and management of the center | ||
are vested in the boards, and the respective institutions shall | ||
execute a memorandum of understanding for that purpose. | ||
(c) The center shall be hosted by the University of | ||
Houston's Cullen College of Engineering, The University of Texas at | ||
Brownsville's College of Science, Mathematics, and Technology, and | ||
The University of Texas at El Paso's Center for Inland Desalination | ||
Systems. Participation in the center's activities shall be open to | ||
any faculty or staff member of each host university who is an active | ||
researcher in the field of water desalination, engineering, | ||
hydrology, biology, water supply development, or energy | ||
efficiency, or in another relevant field as determined by the | ||
boards. | ||
Sec. 111.133. PURPOSE. The center is created to: | ||
(1) promote interdisciplinary research, education, | ||
and training for the development of state-of-the-art products, | ||
materials, systems, and technologies designed for the desalination | ||
of seawater from the Gulf of Mexico and brackish water within | ||
surface and groundwater resources throughout the state; and | ||
(2) develop cost-effective, energy-efficient, and | ||
environmentally sound water desalination, brine disposal, and | ||
water conveyance technologies that can enhance the potential for | ||
desalinated water to contribute toward the state's long-term water | ||
portfolio. | ||
Sec. 111.134. POWERS AND DUTIES. The center shall: | ||
(1) collaborate with appropriate international, | ||
federal, state, and local agencies and private business or | ||
nonprofit entities as necessary to develop innovative desalination | ||
technologies; | ||
(2) research and develop innovative seawater and | ||
brackish water desalination technologies, including pretreatment | ||
technologies and improvements, that are energy efficient and cost | ||
effective, minimize environmental impacts, and offer long-term | ||
water supply solutions for the state; | ||
(3) research and develop brine disposal and reuse | ||
methods and technologies; | ||
(4) research and develop water conveyance systems and | ||
technologies that may be used to transport desalinated water to | ||
target use populations; | ||
(5) develop test facilities for evaluating the | ||
performance of new products, materials, or techniques; | ||
(6) develop specifications and standards for products | ||
used for desalinating water, conveying water, and disposing of | ||
brine; | ||
(7) provide public information, education, and | ||
outreach regarding desalination technologies and appropriate uses | ||
and conservation methods for desalinated water; and | ||
(8) provide data, recommendations, and any other | ||
information necessary relating to desalination for local, | ||
regional, or statewide water planning programs and processes. | ||
Sec. 111.135. COLLABORATION WITH OTHER ENTITIES. The | ||
University of Houston, The University of Texas at Brownsville, and | ||
The University of Texas at El Paso shall encourage public and | ||
private entities to participate in or support the operation of the | ||
center and may enter into an agreement with any public or private | ||
entity for that purpose. An agreement may allow the center to | ||
provide information, services, or other assistance to an entity in | ||
exchange for the entity's participation or support. | ||
Sec. 111.136. GIFTS AND GRANTS. The boards may solicit, | ||
accept, and administer gifts and grants from any public or private | ||
source for the purposes of the center. | ||
Sec. 111.137. PERSONNEL. The boards may employ personnel | ||
for the center as necessary. | ||
Sec. 111.138. EXPIRATION. This subchapter expires | ||
September 1, 2023. | ||
SECTION 11. Section 341.001, Health and Safety Code, is | ||
amended by adding Subdivisions (1-a), (2-a), and (4-a) to read as | ||
follows: | ||
(1-a) "Brackish water" means water that contains a | ||
total dissolved solids concentration of more than 1,000 milligrams | ||
per liter. The term does not include marine seawater. | ||
(2-a) "Desalination facility" means a facility used | ||
for the treatment of brackish water or marine seawater to remove | ||
dissolved mineral salts and other dissolved solids. | ||
(4-a) "Marine seawater" means water that contains a | ||
total dissolved solids concentration based on a yearly average of | ||
samples taken at the water source of more than 10,000 milligrams per | ||
liter that is derived from the Gulf of Mexico or an adjacent bay, | ||
estuary, or arm of the Gulf of Mexico. | ||
SECTION 12. Subchapter C, Chapter 341, Health and Safety | ||
Code, is amended by adding Section 341.0359 to read as follows: | ||
Sec. 341.0359. DESALINATION OF WATER FOR DRINKING WATER. | ||
(a) This section applies only to a desalination facility that is | ||
intended to produce water for the public drinking water supply. | ||
This section does not apply to a desalination facility used to | ||
produce nonpotable water. | ||
(b) The commission shall adopt rules to: | ||
(1) allow water treated by a desalination facility to | ||
be used as public drinking water; and | ||
(2) ensure that water treated by a desalination | ||
facility meets the requirements of Section 341.031 and rules | ||
adopted under that section. | ||
(c) A person may not begin construction of a desalination | ||
facility unless the commission approves in writing the plans and | ||
specifications for the facility. | ||
(d) A person may not begin construction of a desalination | ||
facility that treats brackish water or marine seawater for the | ||
purpose of removing primary or secondary drinking water | ||
contaminants unless the commission approves in writing a report | ||
containing: | ||
(1) a computer model acceptable to the commission; | ||
(2) a pilot study with a minimum 40-day run duration | ||
without treatment intervention to meet federal and state safe | ||
drinking water standards; | ||
(3) data from a similar system installed at another | ||
desalination facility that treats source water of a similar or | ||
lower quality; or | ||
(4) a full-scale verification protocol with a minimum | ||
40-day run duration without treatment intervention to meet federal | ||
and state safe drinking water standards. | ||
(e) If a full-scale verification protocol report is | ||
approved, a person may not send water to a public water distribution | ||
system without a full-scale verification study: | ||
(1) completed after construction; and | ||
(2) approved by the commission. | ||
(f) Not later than the 100th day after the date the | ||
commission receives the report for a proposed desalination | ||
facility, the commission shall review the report and issue an | ||
exception response letter that may contain conditions for approval. | ||
(g) Not later than the 60th day after the date the | ||
commission receives the plans and specifications for a proposed | ||
desalination facility, the commission shall review the plans and | ||
specifications and issue a response letter that may contain | ||
conditions for approval. | ||
(h) A person violates this section if the person fails to | ||
meet a condition for approval in a letter issued to the person under | ||
Subsection (f) or (g). | ||
SECTION 13. This Act takes effect September 1, 2013. |