Bill Text: TX SB1511 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to the state and regional water planning process and the funding of projects included in the state water plan.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1511 Detail]

Download: Texas-2017-SB1511-Enrolled.html

---

S.B. No. 1511

AN ACT
relating to the state and regional water planning process and the
funding of projects included in the state water plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.439(a), Water Code, is amended to
read as follows:
(a) The board shall adopt rules providing for the use of
money in the fund that are consistent with this subchapter,
including rules:
(1) establishing standards for determining whether
projects meet the criteria provided by Section 15.434(b); and
(2) specifying the manner for prioritizing projects
for purposes of Sections 15.436 and [Section] 15.437.
SECTION 2. Section 16.051(a-1), Water Code, is amended to
read as follows:
(a-1) The state water plan must include:
(1) an evaluation of the state's progress in meeting
future water needs, including an evaluation of the extent to which
water management strategies and projects implemented after the
adoption of the preceding state water plan have affected that
progress; [and]
(2) an analysis of the number of projects included in
the preceding state water plan that received financial assistance
from the board; and
(3) with respect to projects included in the preceding
state water plan that were given a high priority by the board for
purposes of providing financial assistance under Subchapter G,
Chapter 15:
(A) an assessment of the extent to which the
projects were implemented in the decade in which they were needed;
and
(B) an analysis of any impediments to the
implementation of any projects that were not implemented in the
decade in which they were needed.
SECTION 3. Section 16.053(c), Water Code, is amended to
read as follows:
(c) No later than 60 days after the designation of the
regions under Subsection (b), the board shall designate
representatives within each regional water planning area to serve
as the initial coordinating body for planning. The initial
coordinating body may then designate additional representatives to
serve on the regional water planning group. The initial
coordinating body shall designate additional representatives if
necessary to ensure adequate representation from the interests
comprising that region, including the public, counties,
municipalities, industries, agricultural interests, environmental
interests, small businesses, electric generating utilities, river
authorities, water districts, and water utilities. The regional
water planning group shall maintain adequate representation from
those interests. In addition, the groundwater conservation
districts located in each management area, as defined by Section
36.001, located in the regional water planning area shall appoint
one representative of a groundwater conservation district located
in the management area and in the regional water planning area to
serve on the regional water planning group. In addition,
representatives of the board, the Parks and Wildlife Department,
[and] the Department of Agriculture, and the State Soil and Water
Conservation Board shall serve as ex officio members of each
regional water planning group.
SECTION 4. Sections 16.053(h)(1), (3), (6), and (10), Water
Code, are amended to read as follows:
(1) Prior to the preparation of the regional water
plan, the regional water planning group shall, after notice, hold
at least one public meeting at some central location readily
accessible to the public within the regional water planning area to
gather suggestions and recommendations from the public as to issues
that should be addressed in the plan or provisions that should be
considered for inclusion in the plan.
(3) After the regional water plan is initially
prepared, the regional water planning group shall, after notice,
hold at least one public hearing at some central location readily
accessible to the public within the regional water planning area.
The group shall make copies of the plan available for public
inspection at least one month before the hearing by providing a copy
of the plan in the county courthouse and at least one public library
of each county having land in the region. Notice for the hearing
shall include a listing of these and any other location where the
plan is available for review.
(6) If an interregional conflict exists, the board
shall facilitate coordination between the involved regions to
resolve the conflict. If conflict remains, the board shall resolve
the conflict. On resolution of the conflict, the involved regional
water planning groups shall prepare revisions to their respective
plans and hold, after notice, at least one public hearing at some
central location readily accessible to the public within their
respective regional water planning areas. The regional water
planning groups shall consider all public and board comments;
prepare, revise, and adopt their respective plans; and submit their
plans to the board for approval and inclusion in the state water
plan.
(10) The regional water planning group may amend the
regional water plan after the plan has been approved by the board.
If, after the regional water plan has been approved by the board,
the plan includes a water management strategy or project that
ceases to be feasible, the regional water planning group shall
amend the plan to exclude that water management strategy or project
and shall consider amending the plan to include a feasible water
management strategy or project in order to meet the need that was to
be addressed by the infeasible water management strategy or
project. For purposes of this subdivision, a water management
strategy or project is considered infeasible if the proposed
sponsor of the water management strategy or project has not taken an
affirmative vote or other action to make expenditures necessary to
construct or file applications for permits required in connection
with the implementation of the water management strategy or project
under federal or state law on a schedule that is consistent with the
completion of the implementation of the water management strategy
or project by the time the water management strategy or project is
projected by the regional water plan or the state water plan to be
needed. Subdivisions (1)-(9) apply to an amendment to the plan in
the same manner as those subdivisions apply to the plan.
SECTION 5. Sections 16.053(i), (p-1), and (p-2), Water
Code, are amended to read as follows:
(i) The regional water planning groups shall submit their
adopted regional water plans to the board by January 5, 2001, for
approval and inclusion in the state water plan. In conjunction with
the submission of regional water plans, each planning group should
make legislative recommendations, if any, to facilitate more
voluntary water transfers in the region. Subsequent regional water
plans shall be submitted at least every five years thereafter,
except that a regional water planning group may elect to implement
simplified planning, no more often than every other five-year
planning cycle, and in accordance with guidance to be provided by
the board, if the group determines that, based on its own initial
analyses using updated groundwater and surface water availability
information, there are no significant changes to the water
availability, water supplies, or water demands in the regional
water planning area. At a minimum, simplified planning will
require updating groundwater and surface water availability values
in the regional water plan, meeting any other new statutory or other
planning requirements that come into effect during each five-year
planning cycle, and formally adopting and submitting the regional
water plan for approval. Public participation for revised regional
plans shall follow the procedures under Subsection (h).
(p-1) If the development board determines that resolution
of the conflict requires a revision of an approved regional water
plan, the development board shall suspend the approval of that plan
and provide information to the regional water planning group. The
regional water planning group shall prepare any revisions to its
plan specified by the development board and shall hold, after
notice, at least one public hearing at some central location
readily accessible to the public within the regional water planning
area. The regional water planning group shall consider all public
and development board comments, prepare, revise, and adopt its
plan, and submit the revised plan to the development board for
approval and inclusion in the state water plan.
(p-2) If the development board determines that resolution
of the conflict requires a revision of the district's approved
groundwater conservation district management plan, the development
board shall provide information to the district. The groundwater
district shall prepare any revisions to its plan based on the
information provided by the development board and shall hold, after
notice, at least one public hearing at some central location
readily accessible to the public within the district. The
groundwater district shall consider all public and development
board comments, prepare, revise, and adopt its plan, and submit the
revised plan to the development board.
SECTION 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1511 passed the Senate on
April 19, 2017, by the following vote: Yeas 31, Nays 0;
May 25, 2017, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2017, House
granted request of the Senate; May 28, 2017, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1511 passed the House, with
amendments, on May 24, 2017, by the following vote: Yeas 144,
Nays 3, one present not voting; May 26, 2017, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2017, House adopted Conference Committee Report by the
following vote: Yeas 146, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor