Texas 2013 - 83rd Regular

Texas House Bill HB2334 Compare Versions

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1	1	83R24556 SLB-F
2	2	By: Callegari, Lucio III, Larson, et al. H.B. No. 2334
3	3	Substitute the following for H.B. No. 2334:
4	4	By: Keffer C.S.H.B. No. 2334
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation, development, and treatment of brackish
10	10	and marine water.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. (a) With this state facing an ongoing drought,
13	13	continuing population growth, and the need to remain economically
14	14	competitive, this state must secure and develop plentiful and
15	15	cost-effective water supplies to meet the ever-increasing demand
16	16	for water. The purpose of this Act is not to hinder conservation
17	17	efforts, because such efforts help reduce the need for new sources
18	18	of water, or to hinder current development of fresh groundwater,
19	19	fresh surface water, water reclamation, or aquifer storage and
20	20	recovery. However, this state must explore every water resource in
21	21	order to balance the supply and demand for water, one of the most
22	22	precious resources of this state.
23	23	(b) Brackish groundwater and marine seawater are
24	24	potentially new sources of public drinking water for this state.
25	25	This state has an estimated 880 trillion gallons of brackish
26	26	groundwater and access to over 600 quadrillion gallons of marine
27	27	seawater from the Gulf of Mexico. The purpose of this Act is to
28	28	streamline the process and reduce the cost and regulation of
29	29	desalination.
30	30	SECTION 2. Section 11.085, Water Code, is amended by adding
31	31	Subsection (w) to read as follows:
32	32	(w) This section does not apply to a transfer of water that
33	33	has been diverted from the Gulf of Mexico to a location in a river
34	34	basin or coastal basin.
35	35	SECTION 3. Section 11.121, Water Code, is amended to read as
36	36	follows:
37	37	Sec. 11.121. PERMIT REQUIRED. Except as provided in
38	38	Sections 11.142, 11.1421, [and] 11.1422, and 11.1423 [of this
39	39	code], no person may appropriate any state water or begin
40	40	construction of any work designed for the storage, taking, or
41	41	diversion of water without first obtaining a permit from the
42	42	commission to make the appropriation.
43	43	SECTION 4. Section 11.1311, Water Code, is amended by
44	44	amending Subsection (b) and adding Subsection (b-1) to read as
45	45	follows:
46	46	(b) The board may transfer interests in a permit issued
47	47	under Subsection (a) [this section] to a municipality, river
48	48	authority, other political subdivision, or water supply
49	49	corporation organized under Chapter 67 as otherwise provided by
50	50	law.
51	51	(b-1) In this subsection, "marine seawater" has the meaning
52	52	assigned by Section 11.1423, and "brackish water" means water that
53	53	contains a total dissolved solids concentration of more than 1,000
54	54	milligrams per liter and is not marine seawater. On submission of an
55	55	application to the commission, the commission shall issue without a
56	56	hearing a permit to use the bed and banks of any flowing natural
57	57	stream in the state to convey marine seawater or brackish water.
58	58	The commission shall adopt rules to implement a procedure for
59	59	application for a permit to convey marine seawater or brackish
60	60	water consistent with this subsection. A flowing natural stream
61	61	does not include impounded water. The commission shall provide
62	62	notice and an opportunity for hearing for an application for a
63	63	permit to convey marine seawater or brackish water into or through a
64	64	lake, reservoir, or other impoundment.
65	65	SECTION 5. Subchapter D, Chapter 11, Water Code, is amended
66	66	by adding Section 11.1423 to read as follows:
67	67	Sec. 11.1423. PERMIT EXEMPTION FOR USE BY WATER SUPPLY
68	68	ENTITY OF MARINE SEAWATER. (a) In this section:
69	69	(1) "Marine seawater" means water that contains a
70	70	total dissolved solids concentration based on a yearly average of
71	71	samples taken at the water source of more than 10,000 milligrams per
72	72	liter that is derived from the Gulf of Mexico or an adjacent bay,
73	73	estuary, or arm of the Gulf of Mexico.
74	74	(2) "Water supply entity" includes:
75	75	(A) a retail public utility as defined by Section
76	76	13.002;
77	77	(B) a wholesale water supplier; or
78	78	(C) an irrigation district operating under
79	79	Chapter 58.
80	80	(b) Without obtaining a permit, a water supply entity may
81	81	use for any beneficial purpose state water that consists of marine
82	82	seawater.
83	83	(c) A water supply entity must treat marine seawater so that
84	84	it meets the water quality level of the receiving stream before the
85	85	entity may put the water into a stream under an authorization
86	86	granted under Section 11.042.
87	87	(d) This section does not prohibit a water supply entity
88	88	from conveying water under this section in any other manner
89	89	authorized by law, including through the use of facilities owned or
90	90	operated by the state if authorized by the state.
91	91	SECTION 6. Section 16.060, Water Code, is amended to read as
92	92	follows:
93	93	Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) In
94	94	this section, "inland desalination project" means a desalination
95	95	project the primary purpose of which is the development of new
96	96	drinking water. The term does not include the reuse, recycling, or
97	97	disposal of wastewater.
98	98	(b) The board shall undertake or participate in research,
99	99	feasibility and facility planning studies, investigations, and
100	100	surveys [as it considers] necessary to further the development of
101	101	cost-effective water supplies from inland and seawater
102	102	desalination in the state.
103	103	(c) [(b)] The board shall prepare an annual [a biennial]
104	104	progress report on the implementation of inland and seawater
105	105	desalination activities in the state and shall submit it to the
106	106	governor, lieutenant governor, and speaker of the house of
107	107	representatives not later than December 1 of each [even-numbered]
108	108	year. The report shall include:
109	109	(1) results of the board's studies and activities
110	110	relative to inland and seawater desalination during the preceding
111	111	year [biennium];
112	112	(2) identification and evaluation of research,
113	113	regulatory, technical, and financial impediments to the
114	114	implementation of inland and seawater desalination projects;
115	115	(3) evaluation of the role the state should play in
116	116	furthering the development of inland and [large-scale] seawater
117	117	desalination projects in the state; [and]
118	118	(4) the anticipated appropriation from general
119	119	revenues necessary to continue investigating water desalination
120	120	activities in the state during the next biennium; and
121	121	(5) information regarding state participation in
122	122	public-private partnerships to advance research efforts, implement
123	123	pilot projects, and develop new technologies related to:
124	124	(A) water transport;
125	125	(B) brine disposal;
126	126	(C) pretreatment of brackish water and marine
127	127	seawater; and
128	128	(D) innovative concentrate management
129	129	strategies.
130	130	(d) [(c)] The board shall actively pursue federal sources
131	131	of funding for inland and seawater desalination projects in the
132	132	state.
133	133	(e) In preparing the report described by Subsection (c), the
134	134	board shall incorporate input from water utilities, water
135	135	providers, municipalities, and other public or private entities
136	136	that have an interest in developing and implementing inland or
137	137	seawater desalination projects.
138	138	(f) The board shall coordinate with the Texas Center for
139	139	Innovative Desalination Technology and any other entity created by
140	140	the state to study, promote, facilitate, or improve the
141	141	development, financing, implementation, or enhancement of inland
142	142	or seawater desalination technology or projects.
143	143	(g) The board shall coordinate with each agency identified
144	144	in the report to provide assistance with applicable regulatory
145	145	requirements to improve implementation of inland or seawater
146	146	desalination technology or projects.
147	147	SECTION 7. Section 341.001, Health and Safety Code, is
148	148	amended by adding Subdivisions (1-a), (2-a), and (4-a) to read as
149	149	follows:
150	150	(1-a) "Brackish water" means water that contains a
151	151	total dissolved solids concentration of more than 1,000 milligrams
152	152	per liter. The term does not include marine seawater.
153	153	(2-a) "Desalination facility" means a facility used
154	154	for the treatment of brackish water or marine seawater to remove
155	155	dissolved mineral salts and other dissolved solids.
156	156	(4-a) "Marine seawater" means water that contains a
157	157	total dissolved solids concentration based on a yearly average of
158	158	samples taken at the water source of more than 10,000 milligrams per
159	159	liter that is derived from the Gulf of Mexico or an adjacent bay,
160	160	estuary, or arm of the Gulf of Mexico.
161	161	SECTION 8. Subchapter C, Chapter 341, Health and Safety
162	162	Code, is amended by adding Section 341.0359 to read as follows:
163	163	Sec. 341.0359. DESALINATION OF WATER FOR DRINKING WATER.
164	164	(a) This section applies only to a desalination facility that is
165	165	intended to produce water for the public drinking water supply.
166	166	This section does not apply to a desalination facility used to
167	167	produce nonpotable water.
168	168	(b) The commission shall adopt rules to:
169	169	(1) allow water treated by a desalination facility to
170	170	be used as public drinking water; and
171	171	(2) ensure that water treated by a desalination
172	172	facility meets the requirements of Section 341.031 and rules
173	173	adopted under that section.
174	174	(c) A person may not begin construction of a desalination
175	175	facility unless the commission approves in writing the plans and
176	176	specifications for the facility.
177	177	(d) A person may not begin construction of a desalination
178	178	facility that treats brackish water for the purpose of removing
179	179	secondary drinking water contaminants unless the commission
180	180	approves in writing a report containing:
181	181	(1) a computer model acceptable to the commission;
182	182	(2) a pilot study with a minimum 40-day run duration
183	183	without treatment intervention to meet federal and state safe
184	184	drinking water standards;
185	185	(3) data from a similar system installed at another
186	186	brackish water desalination facility that treats source water of a
187	187	similar or lower quality; or
188	188	(4) a full-scale verification study with a minimum
189	189	40-day run duration without treatment intervention to meet federal
190	190	and state safe drinking water standards.
191	191	(e) A person may not begin construction of a desalination
192	192	facility that treats brackish water for the purpose of removing
193	193	primary drinking water contaminants unless the commission approves
194	194	in writing a report containing:
195	195	(1) a computer model acceptable to the commission;
196	196	(2) a pilot study with a minimum 40-day run duration
197	197	without treatment intervention to meet federal and state safe
198	198	drinking water standards;
199	199	(3) data from a similar system installed at another
200	200	brackish water desalination facility that treats source water of a
201	201	similar or lower quality; or
202	202	(4) a full-scale verification study with a minimum
203	203	40-day run duration without treatment intervention to meet federal
204	204	and state safe drinking water standards.
205	205	(f) A person may not begin construction of a desalination
206	206	facility that treats marine seawater unless the commission approves
207	207	in writing a report containing:
208	208	(1) a computer model acceptable to the commission;
209	209	(2) a pilot study with a minimum 40-day run duration
210	210	without treatment intervention to meet federal and state safe
211	211	drinking water standards;
212	212	(3) data from a similar system installed at another
213	213	marine seawater desalination facility that treats source water of a
214	214	similar or lower quality; or
215	215	(4) a full-scale verification study with a minimum
216	216	40-day run duration without treatment intervention to meet federal
217	217	and state safe drinking water standards.
218	218	(g) Not later than the 100th day after the date the
219	219	commission receives the report for a proposed desalination
220	220	facility, the commission shall review the report and issue an
221	221	exception response letter that may contain conditions for approval.
222	222	(h) Not later than the 60th day after the date the
223	223	commission receives the plans and specifications for a proposed
224	224	desalination facility, the commission shall review the plans and
225	225	specifications and issue a response letter that may contain
226	226	conditions for approval.
227	227	(i) A person violates this section if the person fails to
228	228	meet a condition for approval in a letter issued to the person under
229	229	Subsection (g) or (h).
230	230	SECTION 9. Chapter 111, Education Code, is amended by
231	231	adding Subchapter J to read as follows:
232	232	SUBCHAPTER J. TEXAS CENTER FOR INNOVATIVE
233	233	DESALINATION TECHNOLOGY
234	234	Sec. 111.131. DEFINITIONS. In this subchapter:
235	235	(1) "Boards" means the board of regents of the
236	236	University of Houston System and the board of regents of The
237	237	University of Texas System.
238	238	(2) "Center" means the Texas Center for Innovative
239	239	Desalination Technology established under this subchapter.
240	240	Sec. 111.132. ESTABLISHMENT. (a) The Texas Center for
241	241	Innovative Desalination Technology is established as a partnership
242	242	between the University of Houston, The University of Texas at
243	243	Brownsville, and The University of Texas at El Paso.
244	244	(b) The organization, control, and management of the center
245	245	are vested in the boards, and the respective institutions shall
246	246	execute a memorandum of understanding for that purpose.
247	247	(c) The center shall be hosted by the University of
248	248	Houston's Cullen College of Engineering, The University of Texas at
249	249	Brownsville's College of Science, Mathematics, and Technology, and
250	250	The University of Texas at El Paso's Center for Inland Desalination
251	251	Systems. Participation in the center's activities shall be open to
252	252	any faculty or staff member of each host university who is an active
253	253	researcher in the field of water desalination, engineering,
254	254	hydrology, biology, water supply development, or energy
255	255	efficiency, or in another relevant field as determined by the
256	256	boards.
257	257	Sec. 111.133. PURPOSE. The center is created to:
258	258	(1) promote interdisciplinary research, education,
259	259	and training for the development of state-of-the-art products,
260	260	materials, systems, and technologies designed for the desalination
261	261	of seawater from the Gulf of Mexico and brackish water within
262	262	surface and groundwater resources throughout the state; and
263	263	(2) develop cost-effective, energy-efficient, and
264	264	environmentally sound water desalination, brine disposal, and
265	265	water conveyance technologies that can enhance the potential for
266	266	desalinated water to contribute toward the state's long-term water
267	267	portfolio.
268	268	Sec. 111.134. POWERS AND DUTIES. The center shall:
269	269	(1) collaborate with appropriate international,
270	270	federal, state, and local agencies and private business or
271	271	nonprofit entities as necessary to develop innovative desalination
272	272	technologies;
273	273	(2) research and develop innovative seawater and
274	274	brackish water desalination technologies, including pretreatment
275	275	technologies and improvements, that are energy efficient and cost
276	276	effective, minimize environmental impacts, and offer long-term
277	277	water supply solutions for the state;
278	278	(3) research and develop brine disposal and reuse
279	279	methods and technologies;
280	280	(4) research and develop water conveyance systems and
281	281	technologies that may be used to transport desalinated water to
282	282	target use populations;
283	283	(5) develop test facilities for evaluating the
284	284	performance of new products, materials, or techniques;
285	285	(6) develop specifications and standards for products
286	286	used for desalinating water, conveying water, and disposing of
287	287	brine;
288	288	(7) provide public information, education, and
289	289	outreach regarding desalination technologies and appropriate uses
290	290	and conservation methods for desalinated water; and
291	291	(8) provide data, recommendations, and any other
292	292	information necessary relating to desalination for local,
293	293	regional, or statewide water planning programs and processes.
294	294	Sec. 111.135. COLLABORATION WITH OTHER ENTITIES. The
295	295	University of Houston, The University of Texas at Brownsville, and
296	296	The University of Texas at El Paso shall encourage public and
297	297	private entities to participate in or support the operation of the
298	298	center and may enter into an agreement with any public or private
299	299	entity for that purpose. An agreement may allow the center to
300	300	provide information, services, or other assistance to an entity in
301	301	exchange for the entity's participation or support.
302	302	Sec. 111.136. GIFTS AND GRANTS. The boards may solicit,
303	303	accept, and administer gifts and grants from any public or private
304	304	source for the purposes of the center.
305	305	Sec. 111.137. PERSONNEL. The boards may employ personnel
306	306	for the center as necessary.
307	307	Sec. 111.138. EXPIRATION. This subchapter expires
308	308	September 1, 2023.
309	309	SECTION 10. This Act takes effect immediately if it
310	310	receives a vote of two-thirds of all the members elected to each
311	311	house, as provided by Section 39, Article III, Texas Constitution.
312	312	If this Act does not receive the vote necessary for immediate
313	313	effect, this Act takes effect September 1, 2013.