Texas 2009 - 81st Regular

Texas Senate Bill SB2459 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Averitt S.B. No. 2459
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the study and assessment of the transport of
7	7	groundwater in the area regulated by the Edwards Aquifer Authority.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS.
10	10	In order to establish a study group to review and assess the
11	11	groundwater management strategy of transporting groundwater from
12	12	Uvalde and Medina counties and to evaluate the impacts of section
13	13	1.28 of article 1 of the Edwards Aquifer Authority Act on
14	14	groundwater management opportunities for the Edwards Aquifer, the
15	15	legislature finds that:
16	16	(a) the Edwards Aquifer is a unique and complex hydrological
17	17	system, with diverse economic and social interests dependent on the
18	18	aquifer for water supply;
19	19	(b) the concentration over time of withdrawals from the San
20	20	Antonio Pool of the Edwards Aquifer through the transfer of
21	21	groundwater withdrawal rights from the Uvalde Pool may have an
22	22	adverse impact on key springflow and aquifer levels, resulting in
23	23	less reliable groundwater withdrawal rights in the San Antonio
24	24	Pool;
25	25	(c) potential groundwater management strategies within the
26	26	Edwards Aquifer should be evaluated to reflect future increases in
27	27	the need for water;
28	28	(d) local issues should be considered and addressed when
29	29	developing management strategies to address future need;
30	30	(e) it is in the public interest to consider all available
31	31	options for groundwater management of the Edwards Aquifer;
32	32	(f) it is important to consider the long-term impacts to
33	33	aquifer levels and springflows throughout the Edwards Aquifer from
34	34	transporting groundwater from Uvalde and Medina counties; and
35	35	(g) an assessment of water transportation projects from
36	36	Uvalde and Medina counties should be considered through a
37	37	consensus-based process involving balanced, regional
38	38	representation.
39	39	SECTION 2. DEFINITIONS.
40	40	In this act:
41	41	(1) "aquifer" means the Edwards Aquifer as defined in
42	42	section 1.03(1) of article 1 of the Edwards Aquifer Authority Act,
43	43	Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws
44	44	2350, as amended, within the boundaries of the authority.
45	45	(2) "aquifer transport assessment" (or "transport
46	46	assessment") means a written report prepared as provided by this
47	47	act by the application of a scientifically derived process for
48	48	assessing the response of the aquifer and springflows, among other
49	49	things, to the transport of groundwater withdrawn from the aquifer
50	50	out of Uvalde County or Medina County.
51	51	(3) "authority" means the Edwards Aquifer Authority.
52	52	(4) "study group" means the Edwards Aquifer Transport Study
53	53	Group.
54	54	(5) "transport" means the movement by any means or works of
55	55	groundwater withdrawn from the aquifer in Uvalde or Medina Counties
56	56	to a point of delivery outside those counties for beneficial use
57	57	within the boundaries of the authority.
58	58	SECTION 3. EDWARDS AQUIFER TRANSPORT STUDY GROUP.
59	59	(a) In recognition of the legislative findings made in
60	60	section 1 of this act, the Edwards Aquifer Transport Study Group is
61	61	created. As soon as practicable after the effective date of this
62	62	act, the study group shall organize itself and appoint a chair.
63	63	(b) The study group is composed of twelve members with a
64	64	representative of each of the following entities, as appointed by
65	65	the governing body of that entity:
66	66	(1) the Edwards Aquifer Authority;
67	67	(2) the San Antonio Water System;
68	68	(3) the Guadalupe-Blanco River Authority;
69	69	(4) the San Antonio River Authority;
70	70	(5) the Nueces River Authority;
71	71	(6) the South Central Texas Water Advisory Committee;
72	72	(7) the county judge of Bexar County;
73	73	(8) the county judge of Comal County;
74	74	(9) the county judge of Hays County;
75	75	(10) the county judge of Medina County;
76	76	(11) the county judge of Uvalde County; and
77	77	(12) a representative of an environmental interest
78	78	identified by the study group, to be appointed by the governing body
79	79	of the environmental interest.
80	80	(c) Except for the county judges, each member of the study
81	81	group serves at the will of the governing body who appointed the
82	82	member.
83	83	(d) The authority on behalf of the study group may accept
84	84	outside gifts, grants, or other funding from any source to be used
85	85	to carry out the functions of the study group.
86	86	(e) The authority shall provide staff, administrative, and
87	87	funding support for the study group.
88	88	(f) The study group will establish a regular meeting
89	89	schedule and publish that schedule to encourage public
90	90	participation.
91	91	(g) Any meeting of the study group must be open to the
92	92	public.
93	93	(h) Chapter 2110, Government Code, does not apply to the
94	94	size, composition, or duration of the study group.
95	95	(i) In performing its duties, the study group shall:
96	96	(1) consider all reasonably available science,
97	97	including any project-specific studies, and base its assessment
98	98	solely on the best science available; and
99	99	(2) operate on a consensus basis to the maximum extent
100	100	possible.
101	101	(j) The study group is abolished on January 1, 2011.
102	102	SECTION 4. EDWARDS AQUIFER TRANSPORT ASSESSMENT.
103	103	(a) The study group shall prepare an aquifer transport
104	104	assessment.
105	105	(b) The aquifer transport assessment shall:
106	106	(1) study the possible methods and options to
107	107	transport groundwater from Uvalde and Medina counties;
108	108	(2) study the potential impacts on aquifer levels at
109	109	the J-17 and J-27 wells, and on spring discharge rates of the San
110	110	Marcos and Comal Springs, including throughout a repeat of the
111	111	drought of record;
112	112	(3) study the potential impacts of transport on the
113	113	authority's critical period management plan;
114	114	(4) include specific monitoring, studies, schedules,
115	115	and activities that take into account changed conditions and
116	116	information that more accurately reflects the impacts of any
117	117	transport project.
118	118	(5) assess the range and characteristics of entities
119	119	that could own, finance, design, construct, operate, and maintain a
120	120	transport project;
121	121	(6) assess the public policy implications related to
122	122	any transport project; and
123	123	(7) assess the secondary impacts of any transport
124	124	project, including economic impacts on local economies, local
125	125	employment, small businesses, fiscal impact on local governments,
126	126	public benefits and costs, operation of existing economic activity,
127	127	and economic development.
128	128	(c) The draft aquifer transport assessment must be
129	129	completed not later than September 1, 2010. The final aquifer
130	130	transport assessment must be completed not later than December 31,
131	131	2010.
132	132	(d) Not later than January 1, 2011, the study group shall
133	133	provide a copy of the final aquifer transport study to the
134	134	following:
135	135	(1) the members of the study group;
136	136	(2) the governor;
137	137	(3) the lieutenant governor;
138	138	(4) the speaker of the house of representatives;
139	139	(5) the chair of the House Natural Resources
140	140	Committee;
141	141	(6) the chair of the Senate Natural Resources
142	142	Committee;
143	143	(7) the chair of the Edwards Aquifer Legislative
144	144	Oversight Committee; and
145	145	(8) the program manager of the Edwards Aquifer
146	146	Recovery Implementation Program.
147	147	SECTION 5. EDWARDS AQUIFER TRANSPORT ASSESSMENT PEER REVIEW
148	148	TEAM.
149	149	(a) The study group created under this act shall appoint an
150	150	Edwards Aquifer transport assessment peer review team no later than
151	151	December 31, 2009. The peer review team must be composed of at
152	152	least five members who have technical expertise regarding the
153	153	issues set out in section 4(b) of this act.
154	154	(b) A member of the peer review team may receive
155	155	compensation for service on the peer review team and be reimbursed
156	156	for reasonable and necessary expenses incurred by the member while
157	157	conducting the business of the peer review team.
158	158	(c) Chapter 2110, Government Code, does not apply to the
159	159	size, composition, or duration of the peer review team.
160	160	(d) The peer review team shall review and evaluate the draft
161	161	transport assessment to maintain or enhance the quality of the
162	162	assessment by identifying the strengths of the assessment as well
163	163	as any weaknesses, errors, or deficiencies, and offer appropriate
164	164	suggestions for improvement.
165	165	(e) The study group shall review the peer review comments
166	166	and provide written responses to the comments, and make changes or
167	167	otherwise incorporate the comments as may be appropriate in the
168	168	judgment of the study group.
169	169	SECTION 6. PUBLIC HEARINGS.
170	170	(a) The study group shall conduct the following public
171	171	hearings:
172	172	(1) at least one organizational public hearing to
173	173	introduce the study group, discuss and explain its mission and
174	174	charge, provide the probable organization of and the likely scope
175	175	of the issues to be considered in the aquifer transport assessment,
176	176	and to take public comment on these matters.
177	177	(2) at least one public hearing to take public comment
178	178	on the draft aquifer transport assessment.
179	179	(b) Public hearings will be conducted in the manner the
180	180	study group deems most suitable to conveniently, inexpensively and
181	181	expeditiously provide a reasonable opportunity for interested
182	182	persons to submit relevant data, views, or arguments, in writing or
183	183	orally.
184	184	(c) The chair of the study group will be the presiding
185	185	officer of any public hearings.
186	186	(d) Public hearings may be recorded in any manner deemed
187	187	appropriate by the study group.
188	188	(e) Authority staff will provide to all permit holders
189	189	written notice of any public hearings.
190	190	(f) At least 14 days before the date of the public hearings,
191	191	Authority staff will publish notice of any public hearings in the
192	192	following:
193	193	(1) a newspaper of general circulation within the
194	194	boundaries of the authority; and
195	195	(2) four other newspapers with circulation within the
196	196	boundaries of the authority.
197	197	(h) A notice of public hearing must include:
198	198	(1) a statement of the purpose of the hearing;
199	199	(2) the date, time, and place of the public hearing;
200	200	(3) the procedures for obtaining copies of the draft
201	201	aquifer transport assessment;
202	202	(4) the procedures for submitting written comments and
203	203	the date and time by which they must be filed with the study group;
204	204	and
205	205	(5) a statement regarding the opportunity to appear
206	206	and make public comment at the public hearing.
207	207	(i) Written comments to the draft aquifer transport
208	208	assessment must be filed at the official address of the authority or
209	209	hand delivered to the presiding officer of any public hearing.
210	210	Written comments must be filed no later than 15 days after the date
211	211	of the last public hearing. Written comments should be typed or
212	212	legibly written. The study group shall consider all comments prior
213	213	to approving the final aquifer transport assessment and must
214	214	prepare written responses only to written public comments.
215	215	SECTION 7. EMERGENCY. The importance of this legislation
216	216	and the crowded condition of the calendars in both houses create an
217	217	emergency and an imperative public necessary that the
218	218	constitutional rule requiring bills to be read on three several
219	219	days in each house be suspended, and this rule is hereby suspended,
220	220	and that this Act take effect and be in force from and after its
221	221	passage, and it is so enacted.
222	222	SECTION 8. This Act takes effect immediately if it receives
223	223	a vote of two-thirds of all the members elected to each house, as
224	224	provided by Section 39, Article III, Texas Constitution. If this
225	225	Act does not receive the vote necessary for immediate effect, this
226	226	Act takes effect September 1, 2009.