By: Lucio III H.B. No. 2031
A BILL TO BE ENTITLED
AN ACT
relating to the development and production of marine seawater
desalination, integrated marine seawater desalination, and
facilities for the storage, conveyance, and delivery of desalinated
marine seawater.
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, every effort must be made to 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 the conservation or development of other surface water
efforts; however, its purpose is to more fully explore and expedite
the development of all water resources in order to balance the
state's supply and demand for water, one of the most precious
resources of this state.
(b) Currently, the projected long-term water needs of this
state far exceed the firm supplies that are available and that can
reasonably be made available from freshwater sources within the
state. The legislature recognizes the importance of providing for
this state's current and future water needs at all times, including
during severe droughts.
(b) In Texas, marine seawater is a potential new source of
public drinking water. This state has 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 marine seawater desalination.
(c) The legislature finds that marine seawater desalination
projects should be cost-effectively, timely, and concurrently
developed, alongside other water planning solutions, to help this
state meet its current and future firm water needs.
(d) The legislature finds that it is necessary and
appropriate to grant certain rights or authority and provide for
expedited and streamlined permitting for large-scale marine
seawater desalination projects and integrated marine seawater
desalination and power projects, to avoid unnecessary costs, delays
and uncertainty and thereby help justify the investment of
significant resources of the state in the development of such
projects.
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. 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. The commission shall adopt rules to
implement a procedure for application for a permit to convey marine
seawater 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 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 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)(5), Water Code, is amended by
adding Subsection (J) as follows:
(J) opportunities for and the benefits of developing
large-scale desalination facilities for marine seawater that serve
local or regional entities or;
SECTION 6. Section 16.060, Water Code, is repealed.
SECTION 7. Subtitle C, Title 2, Water Code, is amended by
adding Chapter 14 to read as follows:
CHAPTER 14. MARINE SEAWATER DESALINATION PROJECTS AND INTEGRATED
MARINE SEAWATER DESALINATION AND POWER PROJECTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 14.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "ERCOT" means the Electric Reliability Council of
Texas.
(4) "GLO" means the General Land Office.
(5) "Political subdivision" means a city or county or
other body politic or corporate of the state, including any
district or authority created under Article III, Section 52, or
Article XVI, Section 59, of the Texas Constitution.
(6) "Project" means any project to produce water
supplies from marine seawater desalination, any integrated marine
seawater desalination and power project, and any facilities for the
storage, conveyance, and delivery of water.
(7) "PUC" means the Public Utility Commission.
(8) "School Land Board" means the Texas School Land
Board.
(9) "TPWD" means the Texas Parks and Wildlife
Department.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 14.021 POWERS AND DUTIES OF THE BOARD. The commission
has general jurisdiction over the state financial assistance of
projects to produce water supplies from marine seawater
desalination, integrated marine seawater desalination and power
projects, and facilities for the storage, conveyance, and delivery
of water.
Sec. 14.022 POWERS AND DUTIES OF THE COMMISSION. (a) The
commission has general jurisdiction over the permitting of projects
to produce water supplies from marine seawater desalination,
integrated marine seawater desalination and power projects, and
facilities for the storage, conveyance, and delivery of water.
(b) The commission shall consult with the GLO, the School
Land Board, the board, the TPWD, the PUC, and ERCOT, over all
aspects of any project or facilities within the scope of subsection
(a) that also fall within the general jurisdiction of each of those
agencies.
Sec. 14.023 POWERS OF CERTAIN POLITICAL SUBDIVISIONS. A
political subdivision that has a defined territory extending to the
Gulf of Mexico may own all or any interest in a project or
facilities within the scope of subsection (a) of section 14.021,
and may sell water produced and power generated from such project.
SUBCHAPTER C. RIGHTS AND AUTHORIZATIONS
Sec. 14.031 GRANT OF WATER RIGHT TO CERTAIN POLITICAL
SUBDIVISIONS. (a) The political subdivision is hereby granted the
right to divert marine seawater from the Gulf of Mexico at one or
more points of diversion along the Texas coast, to desalinate such
water and supply and use the desalinated water within the state for
all beneficial uses, and to return the concentrated saline water
resulting from the desalination process to the Gulf of Mexico at one
or more points of return.
(b) The political subdivision is also granted the right to
use marine seawater diverted from the Gulf of Mexico via a
desalination project's intake facilities for power plant cooling or
any other beneficial use before the marine seawater is desalinated,
and then to either desalinate the unconsumed marine seawater or
return the unconsumed marine seawater to the Gulf of Mexico via the
project's return facilities.
(c) There are no limitations on the number of points of
diversion or the rate of diversion at any point of diversion. There
are no limitations on the number of points of return or the rate of
return.
(d) The political subdivision may assign the rights granted
to it under this section to any project to produce water supplies
from marine seawater desalination or any integrated marine seawater
desalination and power project, or to the owner(s) or operator(s)
of such project.
Sec. 14.032 APPROVALS OF GLO AND SCHOOL LAND BOARD
REQUIRED. Before construction of any intake or return facilities
may commence, the political subdivision first must obtain the GLO's
and the School Land Board's approvals of the locations of the points
of intake and return and plans and specifications for facilities
located on state lands. The GLO's and School Land Board's review and
approval processes are not subject to the requirements relating to
a contested case hearing under any statute or rule including,
without limitation, the provisions of this chapter or other chapter
of the Water Code, Chapter 33, Natural Resources Code, or
Subchapters C-G, Chapter 2001, Government Code.
SUBCHAPTER D. EXPEDITED AND STREAMLINED PERMITTING
Sec. 14.041 DIRECTION TO PERMITTING AUTHORITIES (a) This
section applies to all applications for permits or other
authorizations, and all applications or requests for contracts,
leases, easements, or grants of interests in property, needed from
any state or local governmental authority for any project and
facilities within the scope of subsection (a) of section 14.021.
Such applications and requests include, but are not limited to, all
applications to the TCEQ for permits or authorizations to discharge
under Chapter 26, Water Code, all applications to the TCEQ for
permits or authorizations under the Texas Clean Air Act, Chapter
382, Health and Safety Code, and all applications to the School Land
Board to acquire rights in coastal public land under Chapter 33,
Natural Resources Code.
(b) All governmental authorities are directed to expedite
and streamline to the extent possible the processing of and action
on all applications and requests.
(c) A governmental authority's processing of and action on
any application for a permit or other authorization or any
application or request for a contract, lease, easement, or grant of
interest in property shall not be subject to the requirements
relating to a contested case hearing under any statute or rule
including, without limitation, the provisions of this chapter or
other chapter of the Water Code, Chapter 33, Natural Resources
Code, or Subchapters C-G, Chapter 2001, Government Code.
SECTION 8. Section 341.001, Health and Safety Code, is
amended by adding Subdivisions (1-a) and (2-a) to read as follows:
(1-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; and
(2-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 9. 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 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 10. EFFECTIVE DATE OF THIS ACT. This Act takes
effect immediately if it receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this Act takes effect September 1,
2015.