Bill Text: TX SB1284 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the development and operation of advanced brackish desalination projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [SB1284 Detail]
Download: Texas-2013-SB1284-Introduced.html
| 83R7265 JXC-F | ||
| By: Schwertner | S.B. No. 1284 | |
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| relating to the development and operation of advanced brackish | ||
| desalination projects. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The Water Code is amended by adding Title 6 to | ||
| read as follows: | ||
| TITLE 6. WATER INFRASTRUCTURE | ||
| CHAPTER 201. ADVANCED BRACKISH DESALINATION PROJECTS | ||
| Sec. 201.001. DEFINITIONS. In this chapter: | ||
| (1) "Advanced brackish desalination project" means a | ||
| project owned or operated by a governmental entity or nonprofit | ||
| corporation that: | ||
| (A) is designed to reduce the total dissolved | ||
| solids in brackish water to less than 1,000 milligrams per liter; | ||
| and | ||
| (B) is integrated with an electric generation | ||
| facility owned by a power generation company as defined by Section | ||
| 31.002, Utilities Code. | ||
| (2) "Brackish water" means surface water or | ||
| groundwater containing more than 1,000 milligrams and less than | ||
| 10,000 milligrams per liter of total dissolved solids. | ||
| (3) "Governmental entity" means a municipality, | ||
| county, district, or other political subdivision or public entity | ||
| or instrumentality. | ||
| (4) "Nonprofit corporation" includes a water supply or | ||
| sewer service corporation operating under Chapter 67. | ||
| Sec. 201.002. INTEGRATION WITH ELECTRIC GENERATION FACILITY. | ||
| For purposes of this chapter, an advanced brackish desalination | ||
| project is considered to be integrated with an electric generation | ||
| facility if the project and the facility: | ||
| (1) are located in the same or an adjacent county; and | ||
| (2) are directly connected using transmission | ||
| facilities that are not owned or operated by an electric utility. | ||
| Sec. 201.003. PROJECT FUNDING. An advanced brackish | ||
| desalination project that conserves or reuses water may receive | ||
| funding from the Texas Water Development Board in the same manner as | ||
| a project included in the state water plan adopted under Section | ||
| 16.051. For purposes of this section, there is a presumption that an | ||
| advanced brackish desalination project is a water conservation or | ||
| reuse project designed to reduce the need for the development of | ||
| additional fresh water resources. | ||
| Sec. 201.004. ELECTRICITY TRANSACTIONS. (a) An electric | ||
| generation facility that is integrated with an advanced brackish | ||
| desalination project and provides electricity to the project is not | ||
| an electric utility or a retail electric provider, as defined by | ||
| Section 31.002, Utilities Code, or a retail electric utility, as | ||
| defined by Section 37.001, Utilities Code, solely because of the | ||
| electricity transactions between the facility and the project. | ||
| (b) A purchase of electricity described by this chapter or | ||
| of a related resource, such as thermal output, made by a | ||
| governmental entity or nonprofit corporation for the purposes of an | ||
| advanced brackish desalination project is a purchase of personal | ||
| property under Subchapter A, Chapter 271, Local Government Code, | ||
| and the sale of that electricity may not be considered a retail sale | ||
| of electricity. | ||
| Sec. 201.005. PARTNERSHIPS. A private entity or other | ||
| person may submit a proposal requesting approval of an advanced | ||
| brackish desalination project as a qualifying project under Chapter | ||
| 2267, Government Code. | ||
| SECTION 2. Section 36.001, Water Code, is amended by | ||
| amending Subdivision (5) and adding Subdivision (31) to read as | ||
| follows: | ||
| (5) "Groundwater" means water percolating below the | ||
| surface of the earth. The term does not include brackish | ||
| groundwater. | ||
| (31) "Brackish groundwater" means groundwater | ||
| containing more than 1,000 milligrams and less than 10,000 | ||
| milligrams per liter of total dissolved solids. | ||
| SECTION 3. Section 36.117, Water Code, is amended by | ||
| amending Subsection (l) and adding Subsection (m) to read as | ||
| follows: | ||
| (l) Except as provided by Subsection (m), this [ |
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| chapter applies to water wells, including water wells used to | ||
| supply water for activities related to the exploration or | ||
| production of hydrocarbons or minerals. This chapter does not | ||
| apply to production or injection wells drilled for oil, gas, | ||
| sulphur, uranium, or brine, or for core tests, or for injection of | ||
| gas, saltwater, or other fluids, under permits issued by the | ||
| Railroad Commission of Texas. | ||
| (m) This chapter does not apply to wells used to withdraw | ||
| brackish groundwater for an advanced brackish desalination | ||
| project, as defined by Chapter 201. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
