83R7265 JXC-F
By: Schwertner S.B. No. 1284
A BILL TO BE ENTITLED
AN ACT
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 [This]
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.