Bill Text: TX HB2647 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to a limitation on the authority to curtail groundwater production from wells used for power generation or mining.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB2647 Detail]
Download: Texas-2015-HB2647-Enrolled.html
H.B. No. 2647 |
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relating to a limitation on the authority to curtail groundwater | ||
production from wells used for power generation or mining. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1175 to read as follows: | ||
Sec. 36.1175. POWER GENERATION EXEMPTION. (a) This | ||
section applies to a well that produces groundwater used to support | ||
the operation of a power generation facility or a mine that provides | ||
fuel to a power generation facility, including production for | ||
boiler makeup water, fire suppression, dewatering, potable water, | ||
and depressurization. | ||
(b) An owner or operator of a well to which this section | ||
applies is entitled to petition the district for a delay in the | ||
effective date of any district action that would reduce or curtail | ||
production from a well or limit the groundwater production rate of a | ||
well to an amount that is less than: | ||
(1) the maximum annual amount of withdrawal as of | ||
September 1, 2014, authorized by the permit, regardless of whether | ||
the permit was issued by the district or the Railroad Commission of | ||
Texas; or | ||
(2) the maximum annual historical amount of withdrawal | ||
recorded before September 1, 2014, if the well was in operation on | ||
that date and no permit from any entity was required for the | ||
operation of the well. | ||
(c) The owner or operator of a well subject to this section | ||
may petition for a delay described by Subsection (b). The petition | ||
must include evidence that the owner or operator is engaging in good | ||
faith efforts to identify practicable, readily available | ||
alternative sources of water with comparable quality. After | ||
receipt of the petition, the district shall hold a public hearing | ||
and after the hearing shall make a final determination as to whether | ||
the proposed reduction or curtailment in groundwater production | ||
would threaten public health or safety or the reliability of the | ||
electric grid. The proposed reduction or curtailment for which the | ||
owner or operator is seeking a delay may not take effect until the | ||
district has made a final determination under this subsection. | ||
(d) If the district determines under Subsection (c) that a | ||
proposed reduction or curtailment in groundwater production would | ||
threaten public health or safety or the reliability of the electric | ||
grid, the district shall delay the effective date of the reduction | ||
or curtailment to a date not earlier than seven years after the date | ||
that the final determination is made. | ||
(e) If an owner or operator receives a delay under | ||
Subsection (d), the owner or operator may petition the district at | ||
any time before the delayed effective date of the proposed | ||
reduction or curtailment to delay the effective date a second time | ||
for an additional three years as provided by this subsection. After | ||
receiving the petition, the district shall hold a public hearing | ||
and after the hearing shall make a final determination to approve | ||
the additional three-year delay if the district determines that: | ||
(1) the owner or operator has engaged in good faith | ||
efforts to identify and begin implementing strategies to comply | ||
with the proposed reduction or curtailment; and | ||
(2) implementation of the proposed reduction or | ||
curtailment in groundwater production on the date set under | ||
Subsection (d) would threaten public health or safety or the | ||
reliability of the electric grid. | ||
(f) In making a final determination described by Subsection | ||
(c), (d), or (e), the district shall request, obtain, and give great | ||
weight to an opinion issued by the Public Utility Commission of | ||
Texas. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a reduction or curtailment in groundwater production ordered by a | ||
groundwater conservation district on or after the effective date of | ||
this Act. A reduction or curtailment in groundwater production | ||
ordered by a groundwater conservation district before the effective | ||
date of this Act is governed by the law in effect at the time the | ||
reduction or curtailment in groundwater production was ordered, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2647 was passed by the House on May 4, | ||
2015, by the following vote: Yeas 139, Nays 2, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2647 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 21, Nays 10. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |