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A BILL TO BE ENTITLED
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AN ACT
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relating to seawater desalination projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.203, Utilities Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) The commission, in cooperation with transmission and |
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distribution utilities and the ERCOT independent system operator, |
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shall study whether existing transmission and distribution |
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planning processes are sufficient to provide adequate |
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infrastructure for seawater desalination projects. If the |
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commission determines that statutory changes are needed to ensure |
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that adequate infrastructure is developed for projects of that |
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kind, the commission shall include recommendations in the report |
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required by Section 31.003. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9055 to read as follows: |
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Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF |
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SEAWATER DESALINATION PROJECTS. The commission and the ERCOT |
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independent system operator shall study the potential for seawater |
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desalination projects to participate in existing demand response |
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opportunities in the ERCOT market. To the extent feasible, the |
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study shall determine whether the operational characteristics of |
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seawater desalination projects enable projects of that kind to |
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participate in ERCOT-operated ancillary services markets or other |
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competitively supplied demand response opportunities. The study |
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shall also determine the potential economic benefit to a seawater |
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desalination project if the project is able to reduce its demand |
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during peak pricing periods. The commission shall include the |
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results of the study in the report required by Section 31.003. |
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SECTION 3. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1405 to read as follows: |
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Sec. 11.1405. PERMIT FOR DESALINATION OF SEAWATER FOR USE |
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FOR INDUSTRIAL PURPOSES. (a) The commission may issue a permit to |
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authorize a diversion of state water from the Gulf of Mexico or a |
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bay or arm of the Gulf of Mexico for desalination and use for |
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industrial purposes. |
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(b) A permit application under this section must be |
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submitted as required by commission rule. |
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(c) The commission is not required to make a finding of |
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water availability for an application under this section. |
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(d) The commission shall evaluate whether any proposed |
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diversion under this section is consistent with any applicable |
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environmental flow standards established under Section 11.1471. |
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(e) The commission may include any provision in a permit |
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issued under this section that the commission considers necessary |
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to comply with the environment flow standards established under |
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Section 11.1471. |
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(f) A permit issued under this section does not require |
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public notice and is not subject to a contested case hearing. |
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SECTION 4. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0272 to read as follows: |
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Sec. 26.0272. PERMITS AUTHORIZING DISCHARGES FROM SEAWATER |
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DESALINATION FACILITIES. (a) This section applies only to a |
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facility that generates water treatment residuals from the |
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desalination of seawater for use as part of an industrial process. |
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(b) The commission may issue a permit for the discharge of |
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water treatment residuals from the desalination of seawater into |
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the portion of the Gulf of Mexico inside the territorial limits of |
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the state. |
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(c) Before issuing a permit under this section, the |
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commission must evaluate the discharge of water treatment residuals |
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from the desalination of seawater into the Gulf of Mexico for |
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compliance with the state water quality standards adopted by the |
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commission, the requirements of the Texas Pollutant Discharge |
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Elimination System program, and applicable federal law. |
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(d) The commission may issue individual permits or a general |
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permit under this section. If the commission elects to issue |
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individual permits under this section, the commission must |
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establish procedures for the review of an application that, at a |
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minimum, comply with the requirements of Subchapter M, Chapter 5. |
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If the commission elects to issue a general permit under this |
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section, the commission must comply with the requirements of |
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Section 26.040. |
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SECTION 5. Section 27.021, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) A permit issued under this section may authorize the |
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disposal of water treatment residuals produced by the desalination |
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of seawater. |
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SECTION 6. Section 27.025, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) A general permit issued under this section may |
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authorize an injection well for the disposal of concentrate |
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produced by the desalination of seawater. The general permit must |
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include any requirements necessary to maintain delegation of the |
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federal underground injection control program administered by the |
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commission. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |