By: Larson, Callegari, Anderson, Villalba H.B. No. 2578
A BILL TO BE ENTITLED
AN ACT
relating to the development of brackish groundwater and the use of
brackish water and seawater; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) With this state facing an ongoing drought,
continuing population growth, and the need to remain economically
competitive, this state must secure and develop plentiful and
cost-effective water supplies to meet the ever-increasing demand
for water. The purpose of this Act is not to hinder conservation
efforts, because such efforts help reduce the need for new sources
of water, or to hinder current development of fresh groundwater,
fresh surface water, water reclamation, or aquifer storage and
recovery. However, this state must explore every water resource in
order to balance the supply and demand for water, one of the most
precious resources of this state.
(b) Brackish groundwater and marine seawater are
potentially new sources of public drinking water for this state.
This state has an estimated 880 trillion gallons of brackish
groundwater and access to over 600 quadrillion gallons of marine
seawater from the Gulf of Mexico. The purpose of this Act is to
streamline the process and reduce the cost and regulation of
desalination.
SECTION 2. Section 11.121, Water Code, is amended to read as
follows:
Sec. 11.121. PERMIT REQUIRED. Except as provided in
Sections 11.142, 11.1421, [and] 11.1422, and 11.1423 [of this
code], no person may appropriate any state water or begin
construction of any work designed for the storage, taking, or
diversion of water without first obtaining a permit from the
commission to make the appropriation.
SECTION 3. Section 11.1311, Water Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The board may transfer interests in a permit issued
under Subsection (a) [this section] to a municipality, river
authority, other political subdivision, or water supply
corporation organized under Chapter 67 as otherwise provided by
law.
(b-1) In this subsection, "marine seawater" has the meaning
assigned by Section 11.1423, and "brackish water" means water that
contains a total dissolved solids concentration of more than 1,000
milligrams per liter and is not marine seawater. On submission of an
application to the commission, the commission shall issue without a
hearing a permit to use the bed and banks of any flowing natural
stream in the state to convey marine seawater or brackish water.
The commission shall adopt rules to implement a procedure for
application for a permit to convey marine seawater or brackish
water consistent with this subsection. A flowing natural stream
does not include impounded water. The commission shall provide
notice and an opportunity for hearing for an application for a
permit to convey marine seawater or brackish water into or through a
lake, reservoir, or other impoundment.
SECTION 4. Subchapter D, Chapter 11, Water Code, is amended
by adding Section 11.1423 to read as follows:
Sec. 11.1423. PERMIT EXEMPTION FOR USE BY WATER SUPPLY
ENTITY OF MARINE SEAWATER. (a) In this section:
(1) "Marine seawater" means water that contains a
total dissolved solids concentration based on a yearly average of
samples taken at the water source of more than 10,000 milligrams per
liter that is derived from the Gulf of Mexico or an adjacent bay,
estuary, or arm of the Gulf of Mexico.
(2) "Water supply entity" includes:
(A) a retail public utility as defined by Section
13.002;
(B) a wholesale water supplier; or
(C) an irrigation district operating under
Chapter 58.
(b) Without obtaining a permit, a water supply entity may
use for any beneficial purpose state water that consists of marine
seawater.
(c) A water supply entity must treat marine seawater and
brackish water so that it meets the water quality level of the
receiving stream before the entity may put the water into a stream
under an authorization granted under Section 11.042.
(d) This section does not prohibit a water supply entity
from conveying water under this section in any other manner
authorized by law, including through the use of facilities owned or
operated by the state if authorized by the state.
SECTION 5. Section 16.053(e), Water Code, is amended to
read as follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the date the board most
recently adopted a state water plan under Section 16.051 or, at the
option of the regional water planning group, established subsequent
to the adoption of the most recent plan;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
and
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; [and]
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder; and
(J) opportunities for and the benefits of
developing large-scale desalination facilities for brackish
groundwater or seawater that serve local or regional brackish
groundwater production zones identified or designated under
Section 16.060(c)(5);
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists;
(8) describes the impact of proposed water projects on
water quality; and
(9) includes information on:
(A) projected water use and conservation in the
regional water planning area; and
(B) the implementation of state and regional
water plan projects, including water conservation strategies,
necessary to meet the state's projected water demands.
SECTION 6. Section 16.060, Water Code, is amended to read as
follows:
Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) In
this section, "brackish water desalination project" means a
desalination project the primary purpose of which is the
development of new drinking water. The term does not include the
reuse, recycling, or disposal of wastewater.
(b) The board shall undertake or participate in research,
feasibility and facility planning studies, investigations, and
surveys [as it considers] necessary to further the development of
cost-effective water supplies from seawater or brackish water
desalination in the state.
(c) [(b)] The board shall prepare a biennial progress
report on the implementation of seawater or brackish water
desalination activities in the state and shall submit it to the
governor, lieutenant governor, and speaker of the house of
representatives not later than December 1 of each even-numbered
year. The report shall include:
(1) results of the board's studies and activities
relative to seawater or brackish water desalination during the
preceding biennium;
(2) identification and evaluation of research,
regulatory, technical, and financial impediments to the
implementation of seawater or brackish water desalination
projects;
(3) evaluation of the role the state should play in
furthering the development of large-scale seawater or brackish
water desalination projects in the state; [and]
(4) the anticipated appropriation from general
revenues necessary to continue investigating water desalination
activities in the state during the next biennium;
(5) identification and designation of local or
regional brackish water production zones in areas of the state with
moderate to high availability and productivity of brackish water
that can be used to reduce the use of fresh groundwater and that:
(A) are separated by hydrogeologic barriers
sufficient to prevent significant impacts to water availability or
water quality in other aquifers, subdivisions of aquifers, or
geologic strata;
(B) are not, at the time of designation as a
brackish water production zone, serving as a primary water supply
for any purpose other than supplying a desalination project; and
(C) are not located:
(i) in areas determined to be susceptible
to subsidence; or
(ii) in the Edwards Aquifer and within the
boundaries of the Edwards Aquifer Authority; and
(6) information regarding state participation in
public-private partnerships to advance research efforts, implement
pilot projects, and develop new technologies related to:
(A) water transport;
(B) brine disposal;
(C) pretreatment of seawater and brackish water;
and
(D) innovative concentrate management
strategies.
(d) [(c)] The board shall actively pursue federal sources
of funding for seawater and brackish water desalination projects in
the state.
(e) The board shall work together with groundwater
conservation districts and stakeholders and shall consider the
Brackish Groundwater Manual for Texas Regional Water Planning
Groups, and any updates to the manual, and other relevant
scientific data or findings when identifying and designating
brackish water production zones under Subsection (c)(5).
(f) In preparing the report described by Subsection (c), the
board shall incorporate input from water utilities, water
providers, municipalities, and other public or private entities
that have an interest in developing and implementing seawater or
brackish water desalination projects.
(g) The board shall coordinate with the Texas Center for
Innovative Desalination Technology and any other entity created by
the state to study, promote, facilitate, or improve the
development, financing, implementation, or enhancement of seawater
or brackish water desalination technology or projects.
(h) The board shall coordinate with each agency identified
in the report to provide assistance with applicable regulatory
requirements to improve implementation of seawater or brackish
water desalination technology or projects.
SECTION 7. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1015 to read as follows:
Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER
PRODUCTION ZONES. (a) In this section, "designated brackish
groundwater production zone" means an aquifer, subdivision of an
aquifer, or geologic stratum designated under Section
16.060(c)(5).
(b) On receipt of a petition from a person with a legally
defined interest in groundwater in the district, a district located
over any part of a designated brackish groundwater production zone
shall adopt rules for the issuance of permits to withdraw brackish
groundwater from a well in a designated brackish groundwater
production zone for a project designed to treat brackish
groundwater to drinking water standards. The rules must:
(1) allow unlimited withdrawals and rates of
withdrawal of brackish groundwater from a designated brackish
groundwater production zone;
(2) provide for a minimum term of 30 years for a permit
issued for a well that produces brackish groundwater from a
designated brackish groundwater production zone;
(3) require reasonable monitoring of an aquifer,
subdivision of an aquifer, or geologic stratum adjacent to a
designated brackish groundwater production zone;
(4) allow the district to amend a permit issued under
rules adopted under this section following receipt of a report
requested under Subsection (c); and
(5) require reports from the holder of a permit issued
under rules adopted under this section that must include:
(A) the amount of brackish groundwater
withdrawn;
(B) the average monthly water quality of the
brackish groundwater withdrawn; and
(C) aquifer levels in both the designated
brackish groundwater production zone and in any aquifer,
subdivision of the aquifer, or geologic stratum for which the
permit requires monitoring.
(c) The district shall provide the reports required under
Subsection (b)(5) to the Texas Water Development Board. On request
from the district, the development board shall investigate and
issue a report on whether brackish groundwater withdrawals from the
designated brackish groundwater production zone are causing:
(1) significant aquifer level declines; or
(2) adverse impacts to water quality in an aquifer,
subdivision of an aquifer, or geologic stratum.
(d) After receiving a report requested under Subsection
(c), the district may, after notice and hearing:
(1) amend the applicable permit to establish a
production limit necessary to mitigate any impacts identified by
the report;
(2) approve a mitigation plan that alleviates any
adverse impacts identified by the report; or
(3) both amend the permit to establish a production
limit and approve a mitigation plan.
SECTION 8. Section 36.1071(a), Water Code, is amended to
read as follows:
(a) Following notice and hearing, the district shall, in
coordination with surface water management entities on a regional
basis, develop a management plan that addresses the following
management goals, as applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions;
(7) addressing conservation, recharge enhancement,
rainwater harvesting, precipitation enhancement, or brush control,
where appropriate and cost-effective; [and]
(8) addressing the desired future conditions adopted
by the district under Section 36.108; and
(9) identifying goals for the development of brackish
groundwater desalination strategies in designated brackish
groundwater production zones.
SECTION 9. Section 36.108(d-2), Water Code, is amended to
read as follows:
(d-2) The desired future conditions proposed under
Subsection (d) must provide a balance between the highest
practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. The
desired future condition does not apply to brackish groundwater
production in designated brackish groundwater production zones.
This subsection does not prohibit the establishment of desired
future conditions that provide for the reasonable long-term
management of groundwater resources consistent with the management
goals under Section 36.1071(a). The desired future conditions
proposed under Subsection (d) must be approved by a two-thirds vote
of all the district representatives for distribution to the
districts in the management area. A period of not less than 90 days
for public comments begins on the day the proposed desired future
conditions are mailed to the districts. During the public comment
period and after posting notice as required by Section 36.063, each
district shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment
period, the district shall make available in its office a copy of
the proposed desired future conditions and any supporting
materials, such as the documentation of factors considered under
Subsection (d) and groundwater availability model run results.
After the public hearing, the district shall compile for
consideration at the next joint planning meeting a summary of
relevant comments received, any suggested revisions to the proposed
desired future conditions, and the basis for the revisions.
SECTION 10. Chapter 111, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. TEXAS CENTER FOR INNOVATIVE
DESALINATION TECHNOLOGY
Sec. 111.131. DEFINITIONS. In this subchapter:
(1) "Boards" means the board of regents of the
University of Houston System and the board of regents of The
University of Texas System.
(2) "Center" means the Texas Center for Innovative
Desalination Technology established under this subchapter.
Sec. 111.132. ESTABLISHMENT. (a) The Texas Center for
Innovative Desalination Technology is established as a partnership
between the University of Houston, The University of Texas at
Brownsville, and The University of Texas at El Paso.
(b) The organization, control, and management of the center
are vested in the boards, and the respective institutions shall
execute a memorandum of understanding for that purpose.
(c) The center shall be hosted by the University of
Houston's Cullen College of Engineering, The University of Texas at
Brownsville's College of Science, Mathematics, and Technology, and
The University of Texas at El Paso's Center for Inland Desalination
Systems. Participation in the center's activities shall be open to
any faculty or staff member of each host university who is an active
researcher in the field of water desalination, engineering,
hydrology, biology, water supply development, or energy
efficiency, or in another relevant field as determined by the
boards.
Sec. 111.133. PURPOSE. The center is created to:
(1) promote interdisciplinary research, education,
and training for the development of state-of-the-art products,
materials, systems, and technologies designed for the desalination
of seawater from the Gulf of Mexico and brackish water within
surface and groundwater resources throughout the state; and
(2) develop cost-effective, energy-efficient, and
environmentally sound water desalination, brine disposal, and
water conveyance technologies that can enhance the potential for
desalinated water to contribute toward the state's long-term water
portfolio.
Sec. 111.134. POWERS AND DUTIES. The center shall:
(1) collaborate with appropriate international,
federal, state, and local agencies and private business or
nonprofit entities as necessary to develop innovative desalination
technologies;
(2) research and develop innovative seawater and
brackish water desalination technologies, including pretreatment
technologies and improvements, that are energy efficient and cost
effective, minimize environmental impacts, and offer long-term
water supply solutions for the state;
(3) research and develop brine disposal and reuse
methods and technologies;
(4) research and develop water conveyance systems and
technologies that may be used to transport desalinated water to
target use populations;
(5) develop test facilities for evaluating the
performance of new products, materials, or techniques;
(6) develop specifications and standards for products
used for desalinating water, conveying water, and disposing of
brine;
(7) provide public information, education, and
outreach regarding desalination technologies and appropriate uses
and conservation methods for desalinated water; and
(8) provide data, recommendations, and any other
information necessary relating to desalination for local,
regional, or statewide water planning programs and processes.
Sec. 111.135. COLLABORATION WITH OTHER ENTITIES. The
University of Houston, The University of Texas at Brownsville, and
The University of Texas at El Paso shall encourage public and
private entities to participate in or support the operation of the
center and may enter into an agreement with any public or private
entity for that purpose. An agreement may allow the center to
provide information, services, or other assistance to an entity in
exchange for the entity's participation or support.
Sec. 111.136. GIFTS AND GRANTS. The boards may solicit,
accept, and administer gifts and grants from any public or private
source for the purposes of the center.
Sec. 111.137. PERSONNEL. The boards may employ personnel
for the center as necessary.
Sec. 111.138. EXPIRATION. This subchapter expires
September 1, 2023.
SECTION 11. Section 341.001, Health and Safety Code, is
amended by adding Subdivisions (1-a), (2-a), and (4-a) to read as
follows:
(1-a) "Brackish water" means water that contains a
total dissolved solids concentration of more than 1,000 milligrams
per liter. The term does not include marine seawater.
(2-a) "Desalination facility" means a facility used
for the treatment of brackish water or marine seawater to remove
dissolved mineral salts and other dissolved solids.
(4-a) "Marine seawater" means water that contains a
total dissolved solids concentration based on a yearly average of
samples taken at the water source of more than 10,000 milligrams per
liter that is derived from the Gulf of Mexico or an adjacent bay,
estuary, or arm of the Gulf of Mexico.
SECTION 12. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0359 to read as follows:
Sec. 341.0359. DESALINATION OF WATER FOR DRINKING WATER.
(a) This section applies only to a desalination facility that is
intended to produce water for the public drinking water supply.
This section does not apply to a desalination facility used to
produce nonpotable water.
(b) The commission shall adopt rules to:
(1) allow water treated by a desalination facility to
be used as public drinking water; and
(2) ensure that water treated by a desalination
facility meets the requirements of Section 341.031 and rules
adopted under that section.
(c) A person may not begin construction of a desalination
facility unless the commission approves in writing the plans and
specifications for the facility.
(d) A person may not begin construction of a desalination
facility that treats brackish water or marine seawater for the
purpose of removing primary or secondary drinking water
contaminants unless the commission approves in writing a report
containing:
(1) a computer model acceptable to the commission;
(2) a pilot study with a minimum 40-day run duration
without treatment intervention to meet federal and state safe
drinking water standards;
(3) data from a similar system installed at another
desalination facility that treats source water of a similar or
lower quality; or
(4) a full-scale verification protocol with a minimum
40-day run duration without treatment intervention to meet federal
and state safe drinking water standards.
(e) If a full-scale verification protocol report is
approved, a person may not send water to a public water distribution
system without a full-scale verification study:
(1) completed after construction; and
(2) approved by the commission.
(f) Not later than the 100th day after the date the
commission receives the report for a proposed desalination
facility, the commission shall review the report and issue an
exception response letter that may contain conditions for approval.
(g) Not later than the 60th day after the date the
commission receives the plans and specifications for a proposed
desalination facility, the commission shall review the plans and
specifications and issue a response letter that may contain
conditions for approval.
(h) A person violates this section if the person fails to
meet a condition for approval in a letter issued to the person under
Subsection (f) or (g).
SECTION 13. This Act takes effect September 1, 2013.