Bill Text: TX HB4097 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to seawater desalination projects.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Passed) 2015-06-17 - Effective immediately [HB4097 Detail]
Download: Texas-2015-HB4097-Enrolled.html
| H.B. No. 4097 | ||
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| relating to seawater desalination projects. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 39.203, Utilities Code, is amended by | ||
| adding Subsection (i) to read as follows: | ||
| (i) The commission, in cooperation with transmission and | ||
| distribution utilities and the ERCOT independent system operator, | ||
| shall study whether existing transmission and distribution | ||
| planning processes are sufficient to provide adequate | ||
| infrastructure for seawater desalination projects. If the | ||
| commission determines that statutory changes are needed to ensure | ||
| that adequate infrastructure is developed for projects of that | ||
| kind, the commission shall include recommendations in the report | ||
| required by Section 31.003. | ||
| SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is | ||
| amended by adding Section 39.9055 to read as follows: | ||
| Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF | ||
| SEAWATER DESALINATION PROJECTS. The commission and the ERCOT | ||
| independent system operator shall study the potential for seawater | ||
| desalination projects to participate in existing demand response | ||
| opportunities in the ERCOT market. To the extent feasible, the | ||
| study shall determine whether the operational characteristics of | ||
| seawater desalination projects enable projects of that kind to | ||
| participate in ERCOT-operated ancillary services markets or other | ||
| competitively supplied demand response opportunities. The study | ||
| shall also determine the potential economic benefit to a seawater | ||
| desalination project if the project is able to reduce its demand | ||
| during peak pricing periods. The commission shall include the | ||
| results of the study in the report required by Section 31.003. | ||
| SECTION 3. Section 11.121, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 11.121. PERMIT REQUIRED. Except as provided in | ||
| Sections 11.1405, 11.142, 11.1421, and 11.1422 [ |
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| person may appropriate any state water or begin 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 4. Subchapter D, Chapter 11, Water Code, is amended | ||
| by adding Section 11.1405 to read as follows: | ||
| Sec. 11.1405. DESALINATION OF SEAWATER FOR USE FOR | ||
| INDUSTRIAL PURPOSES. (a) The commission may issue a permit under | ||
| this section to authorize a diversion of state water from the Gulf | ||
| of Mexico or a bay or arm of the Gulf of Mexico for desalination and | ||
| use for industrial purposes if: | ||
| (1) the point of diversion is located less than three | ||
| miles seaward of any point located on the coast of this state; or | ||
| (2) the seawater contains a total dissolved solids | ||
| concentration based on a yearly average of samples taken monthly at | ||
| the water source of less than 20,000 milligrams per liter. | ||
| (b) A person may divert state water from the Gulf of Mexico | ||
| or a bay or arm of the Gulf of Mexico for desalination and use for | ||
| industrial purposes without obtaining a permit if Subsection (a) | ||
| does not apply. | ||
| (c) A person who diverts and uses state water that consists | ||
| of marine seawater under a permit issued under Subsection (a) or as | ||
| authorized by Subsection (b) must determine the total dissolved | ||
| solids concentration of the seawater at the water source by monthly | ||
| sampling and analysis and provide the data collected to the | ||
| commission. A person may not begin construction of a facility for | ||
| the diversion of marine seawater for the purposes provided by this | ||
| section without obtaining a permit until the person has provided | ||
| data to the commission based on the analysis of samples taken at the | ||
| water source over a period of at least one year demonstrating that | ||
| Subsection (a)(2) does not apply. A person who has begun | ||
| construction of a facility for the diversion of marine seawater for | ||
| the purposes provided by this section without obtaining a permit | ||
| because the person has demonstrated that Subsection (a)(2) does not | ||
| apply is not required to obtain a permit for the facility if the | ||
| total dissolved solids concentration of the seawater at the water | ||
| source subsequently changes so that Subsection (a)(2) applies. | ||
| (d) A permit application under this section must be | ||
| submitted as required by commission rule. | ||
| (e) The commission is not required to make a finding of | ||
| water availability for an application under this section. | ||
| (f) The commission shall evaluate whether any proposed | ||
| diversion under this section is consistent with any applicable | ||
| environmental flow standards established under Section 11.1471. | ||
| (g) The commission may include any provision in a permit | ||
| issued under this section that the commission considers necessary | ||
| to comply with the environmental flow standards established under | ||
| Section 11.1471. | ||
| (h) The commission shall adopt rules providing an expedited | ||
| procedure for acting on an application for a permit under | ||
| Subsection (a). The rules must provide for notice, an opportunity | ||
| for the submission of written comment, and an opportunity for a | ||
| contested case hearing regarding commission actions relating to an | ||
| application for a permit. | ||
| SECTION 5. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.0272 to read as follows: | ||
| Sec. 26.0272. PERMITS AUTHORIZING DISCHARGES FROM CERTAIN | ||
| SEAWATER DESALINATION FACILITIES. (a) This section applies only to | ||
| a facility that generates water treatment residuals from the | ||
| desalination of seawater solely for use as part of an industrial | ||
| process. | ||
| (b) The commission may issue a permit for the discharge of | ||
| water treatment residuals from the desalination of seawater into | ||
| the portion of the Gulf of Mexico inside the territorial limits of | ||
| the state. | ||
| (c) Before issuing a permit under this section, the | ||
| commission must evaluate the discharge of water treatment residuals | ||
| from the desalination of seawater into the Gulf of Mexico for | ||
| compliance with the state water quality standards adopted by the | ||
| commission, the requirements of the Texas Pollutant Discharge | ||
| Elimination System program, and applicable federal law. | ||
| (d) The commission may issue individual permits or a general | ||
| permit under this section. If the commission elects to issue | ||
| individual permits under this section, the commission must | ||
| establish procedures for the review of an application that, at a | ||
| minimum, comply with the requirements of Subchapter M, Chapter 5. | ||
| If the commission elects to issue a general permit under this | ||
| section, the commission must comply with the requirements of | ||
| Section 26.040. | ||
| SECTION 6. Section 27.021, Water Code, is amended by adding | ||
| Subsection (a-1) to read as follows: | ||
| (a-1) A permit issued under this section may authorize the | ||
| disposal of water treatment residuals produced by the desalination | ||
| of seawater. | ||
| SECTION 7. Section 27.025, Water Code, is amended by adding | ||
| Subsection (a-1) to read as follows: | ||
| (a-1) A general permit issued under this section may | ||
| authorize an injection well for the disposal of concentrate | ||
| produced by the desalination of seawater. The general permit must | ||
| include any requirements necessary to maintain delegation of the | ||
| federal underground injection control program administered by the | ||
| commission. | ||
| SECTION 8. 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. 4097 was passed by the House on May | ||
| 11, 2015, by the following vote: Yeas 137, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 4097 on May 26, 2015, by the following vote: Yeas 145, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4097 was passed by the Senate, with | ||
| amendments, on May 23, 2015, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
