Texas 2015 - 84th Regular

Texas House Bill HB2031 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio III, et al. (Senate Sponsor - Hinojosa) H.B. No. 2031
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Agriculture, Water, and Rural Affairs; May 19, 2015, reported
5		-	favorably by the following vote: Yeas 6, Nays 0; May 19, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 2031
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the diversion, treatment, and use of marine seawater
12	6		and the discharge of treated marine seawater and waste resulting
13	7		from the desalination of marine seawater; adding provisions subject
14	8		to a criminal penalty.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. (a) With this state facing an ongoing drought,
17	11		continuing population growth, and the need to remain economically
18	12		competitive, every effort must be made to secure and develop
19	13		plentiful and cost-effective water supplies to meet the
20	14		ever-increasing demand for water. The purpose of this Act is not to
21	15		hinder efforts to conserve or develop other surface water supplies
22	16		but rather to more fully explore and expedite the development of all
23	17		this state's water resources in order to balance this state's supply
24	18		and demand for water, which is one of the most precious resources of
25	19		this state.
26	20		(b) Currently, the projected long-term water needs of this
27	21		state far exceed the firm supplies that are available and that can
28	22		reasonably be made available from freshwater sources within this
29	23		state. The legislature recognizes the importance of providing for
30	24		this state's current and future water needs at all times,
31	25		including, consistent with reasonable drought contingency
32	26		measures, during severe droughts.
33	27		(c) In this state, marine seawater is a potential new source
34	28		of water for drinking and other beneficial uses. This state has
35	29		access to vast quantities of marine seawater from the Gulf of
36	30		Mexico. The purpose of this Act is to streamline the regulatory
37	31		process for and reduce the time required for and cost of marine
38	32		seawater desalination.
39	33		(d) The legislature finds that marine seawater desalination
40	34		facilities should be cost-effectively and timely developed,
41	35		concurrently with other water planning solutions, to help this
42	36		state meet its current and future water needs.
43	37		(e) The legislature finds that it is necessary and
44	38		appropriate to grant authority and provide for expedited and
45	39		streamlined authorization for marine seawater desalination
46	40		facilities, consistent with appropriate environmental and water
47	41		right protections, in order to avoid unnecessary costs, delays, and
48	42		uncertainty and thereby help justify the investment of significant
49	43		resources in the development of such facilities.
50	44		SECTION 2. Section 5.509(a), Water Code, is amended to read
51	45		as follows:
52	46		(a) The commission may issue an emergency or temporary order
53	47		relating to the discharge of waste or pollutants into or adjacent to
54	48		water in the state if:
55	49		(1) the order is necessary to enable action to be taken
56	50		more expeditiously than is otherwise provided by Chapter 18 or 26,
57	51		as applicable, to effectuate the policy and purposes of that
58	52		chapter; and
59	53		(2) the commission finds that:
60	54		(A) the discharge is unavoidable to:
61	55		(i) prevent loss of life, serious injury,
62	56		or severe property damage;
63	57		(ii) prevent severe economic loss or
64	58		ameliorate serious drought conditions, to the extent consistent
65	59		with the requirements for United States Environmental Protection
66	60		Agency authorization of a state permit program; or
67	61		(iii) make necessary and unforeseen repairs
68	62		to a facility;
69	63		(B) there is no feasible alternative to the
70	64		proposed discharge;
71	65		(C) the discharge will not cause significant
72	66		hazard to human life and health, unreasonable damage to the
73	67		property of persons other than the applicant, or unreasonable
74	68		economic loss to persons other than the applicant; and
75	69		(D) the discharge will not present a significant
76	70		hazard to the uses that will be made of the receiving water after
77	71		the discharge.
78	72		SECTION 3. Section 5.551, Water Code, is amended by adding
79	73		Subsection (a-1) to read as follows:
80	74		(a-1) Notwithstanding Section 18.002, this subchapter does
81	75		not apply to a permit issued under Section 18.005(c)(2) if the point
82	76		of discharge is not located within three miles of any point located
83	77		on the coast of this state.
84	78		SECTION 4. Section 7.302(a), Water Code, is amended to read
85	79		as follows:
86	80		(a) This section applies to a permit or exemption issued by
87	81		the commission under:
88	82		(1) Section 18.005 of this code;
89	83		(2) Chapter 26, 27, 28, or 31 of this code;
90	84		(3) [(2)] Subchapter C or R, Chapter 361, Health and
91	85		Safety Code;
92	86		(4) [(3)] Subchapter D, Chapter 366, Health and Safety
93	87		Code;
94	88		(5) [(4)] Chapter 382, Health and Safety Code; or
95	89		(6) [(5)] a rule adopted under any of those
96	90		provisions.
97	91		SECTION 5. Section 11.0237(b), Water Code, is amended to
98	92		read as follows:
99	93		(b) This section does not alter the commission's
100	94		obligations under Section 11.042(a-1), (b), or (c), 11.046(b),
101	95		11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491,
102	96		11.150, 11.152, 16.058, [or] 16.059, or 18.004.
103	97		SECTION 6. Section 11.082, Water Code, is amended by adding
104	98		Subsection (a-1) to read as follows:
105	99		(a-1) Notwithstanding Section 18.002, this section does not
106	100		apply to a violation of:
107	101		(1) Section 18.003 or a permit issued under that
108	102		section; or
109	103		(2) Section 18.004 or an authorization granted under
110	104		that section.
111	105		SECTION 7. Section 11.0842, Water Code, is amended by
112	106		adding Subsection (a-1) to read as follows:
113	107		(a-1) Notwithstanding Section 18.002, this section does not
114	108		apply to a violation of:
115	109		(1) Section 18.003 or a permit issued under that
116	110		section; or
117	111		(2) Section 18.004 or an authorization granted under
118	112		that section.
119	113		SECTION 8. Section 11.121, Water Code, is amended to read as
120	114		follows:
121	115		Sec. 11.121. PERMIT REQUIRED. Except as provided in
122	116		Sections 11.142, 11.1421, [and] 11.1422, and 18.003 [of this code],
123	117		no person may appropriate any state water or begin construction of
124	118		any work designed for the storage, taking, or diversion of water
125	119		without first obtaining a permit from the commission to make the
126	120		appropriation.
127	121		SECTION 9. Section 16.053(e), Water Code, is amended to
128	122		read as follows:
129	123		(e) Each regional water planning group shall submit to the
130	124		development board a regional water plan that:
131	125		(1) is consistent with the guidance principles for the
132	126		state water plan adopted by the development board under Section
133	127		16.051(d);
134	128		(2) provides information based on data provided or
135	129		approved by the development board in a format consistent with the
136	130		guidelines provided by the development board under Subsection (d);
137	131		(2-a) is consistent with the desired future conditions
138	132		adopted under Section 36.108 for the relevant aquifers located in
139	133		the regional water planning area as of the date the board most
140	134		recently adopted a state water plan under Section 16.051 or, at the
141	135		option of the regional water planning group, established subsequent
142	136		to the adoption of the most recent plan;
143	137		(3) identifies:
144	138		(A) each source of water supply in the regional
145	139		water planning area, including information supplied by the
146	140		executive administrator on the amount of modeled available
147	141		groundwater in accordance with the guidelines provided by the
148	142		development board under Subsections (d) and (f);
149	143		(B) factors specific to each source of water
150	144		supply to be considered in determining whether to initiate a
151	145		drought response;
152	146		(C) actions to be taken as part of the response;
153	147		and
154	148		(D) existing major water infrastructure
155	149		facilities that may be used for interconnections in the event of an
156	150		emergency shortage of water;
157	151		(4) has specific provisions for water management
158	152		strategies to be used during a drought of record;
159	153		(5) includes but is not limited to consideration of
160	154		the following:
161	155		(A) any existing water or drought planning
162	156		efforts addressing all or a portion of the region;
163	157		(B) approved groundwater conservation district
164	158		management plans and other plans submitted under Section 16.054;
165	159		(C) all potentially feasible water management
166	160		strategies, including but not limited to improved conservation,
167	161		reuse, and management of existing water supplies, conjunctive use,
168	162		acquisition of available existing water supplies, and development
169	163		of new water supplies;
170	164		(D) protection of existing water rights in the
171	165		region;
172	166		(E) opportunities for and the benefits of
173	167		developing regional water supply facilities or providing regional
174	168		management of water supply facilities;
175	169		(F) appropriate provision for environmental
176	170		water needs and for the effect of upstream development on the bays,
177	171		estuaries, and arms of the Gulf of Mexico and the effect of plans on
178	172		navigation;
179	173		(G) provisions in Section 11.085(k)(1) if
180	174		interbasin transfers are contemplated;
181	175		(H) voluntary transfer of water within the region
182	176		using, but not limited to, regional water banks, sales, leases,
183	177		options, subordination agreements, and financing agreements; [and]
184	178		(I) emergency transfer of water under Section
185	179		11.139, including information on the part of each permit, certified
186	180		filing, or certificate of adjudication for nonmunicipal use in the
187	181		region that may be transferred without causing unreasonable damage
188	182		to the property of the nonmunicipal water rights holder; and
189	183		(J) opportunities for and the benefits of
190	184		developing large-scale desalination facilities for marine seawater
191	185		that serve local or regional entities;
192	186		(6) identifies river and stream segments of unique
193	187		ecological value and sites of unique value for the construction of
194	188		reservoirs that the regional water planning group recommends for
195	189		protection under Section 16.051;
196	190		(7) assesses the impact of the plan on unique river and
197	191		stream segments identified in Subdivision (6) if the regional water
198	192		planning group or the legislature determines that a site of unique
199	193		ecological value exists;
200	194		(8) describes the impact of proposed water projects on
201	195		water quality; and
202	196		(9) includes information on:
203	197		(A) projected water use and conservation in the
204	198		regional water planning area; and
205	199		(B) the implementation of state and regional
206	200		water plan projects, including water conservation strategies,
207	201		necessary to meet the state's projected water demands.
208	202		SECTION 10. Subtitle C, Title 2, Water Code, is amended by
209	203		adding Chapter 18 to read as follows:
210	204		CHAPTER 18. MARINE SEAWATER DESALINATION PROJECTS
211	205		Sec. 18.001. DEFINITIONS. In this chapter:
212	206		(1) "Commission" means the Texas Commission on
213	207		Environmental Quality.
214	208		(2) "Marine seawater" means water that is derived from
215	209		the Gulf of Mexico.
216	210		(3) "Project" means:
217	211		(A) a marine seawater desalination project; or
218	212		(B) a facility for the storage, conveyance, and
219	213		delivery of desalinated marine seawater.
220	214		Sec. 18.002. RELATIONSHIP TO OTHER LAWS. (a) Except as
221	215		provided by Subsection (b) or as otherwise provided by law:
222	216		(1) Chapter 11 applies to a permit or authorization
223	217		under Section 18.003 or 18.004 in the same manner as that chapter
224	218		applies to a permit or authorization under that chapter; and
225	219		(2) Chapter 26 applies to a permit under Section
226	220		18.005 in the same manner as that chapter applies to a permit under
227	221		that chapter.
228	222		(b) In the event of a conflict between this chapter and
229	223		Chapter 11 or 26, this chapter controls.
230	224		(c) This chapter is intended to provide an alternative
231	225		procedure for obtaining an authorization to divert and use state
232	226		water that consists of marine seawater or to discharge treated
233	227		marine seawater or waste resulting from the desalination of treated
234	228		marine seawater under the circumstances provided by this chapter.
235	229		This chapter does not affect the authority of a person to:
236	230		(1) divert and use state water that consists of marine
237	231		seawater in accordance with the procedures provided by Chapter 11,
238	232		including the authority to divert marine seawater from a point of
239	233		diversion located in a bay or estuary; or
240	234		(2) discharge treated marine seawater or waste
241	235		resulting from the desalination of treated marine seawater in
242	236		accordance with the procedures provided by Chapter 26, including
243	237		the authority to discharge waste resulting from the desalination of
244	238		marine seawater into a bay or estuary.
245	239		Sec. 18.003. DIVERSIONS OF MARINE SEAWATER. (a) A person
246	240		must obtain a permit to divert and use state water that consists of
247	241		marine seawater if:
248	242		(1) the point of diversion is located less than three
249	243		miles seaward of any point located on the coast of this state; or
250	244		(2) the seawater contains a total dissolved solids
251	245		concentration based on a yearly average of samples taken monthly at
252	246		the water source of less than 20,000 milligrams per liter.
253	247		(b) A person may divert and use state water that consists of
254	248		marine seawater without obtaining a permit if Subsection (a) does
255	249		not apply.
256	250		(c) A person who diverts and uses state water that consists
257	251		of marine seawater under a permit required by Subsection (a) or as
258	252		authorized by Subsection (b) must determine the total dissolved
259	253		solids concentration of the seawater at the water source by monthly
260	254		sampling and analysis and provide the data collected to the
261	255		commission. A person may not begin construction of a facility for
262	256		the diversion of marine seawater without obtaining a permit until
263	257		the person has provided data to the commission based on the analysis
264	258		of samples taken at the water source over a period of at least one
265	259		year demonstrating that Subsection (a)(2) does not apply. A person
266	260		who has begun construction of a facility for the diversion of marine
267	261		seawater without obtaining a permit because the person has
268	262		demonstrated that Subsection (a)(2) does not apply is not required
269	263		to obtain a permit for the facility if the total dissolved solids
270	264		concentration of the seawater at the water source subsequently
271	265		changes so that Subsection (a)(2) applies.
272	266		(d) A person may use marine seawater diverted under a permit
273	267		required by Subsection (a) or as authorized by Subsection (b) for
274	268		any beneficial purpose, but only if the seawater is treated in
275	269		accordance with rules adopted by the commission before it is used.
276	270		Rules adopted under this subsection may impose different treatment
277	271		requirements based on the purpose for which the seawater is to be
278	272		used.
279	273		(e) The commission shall adopt rules providing an expedited
280	274		procedure for acting on an application for a permit required by
281	275		Subsection (a). The rules must provide for notice, an opportunity
282	276		for the submission of written comment, and an opportunity for a
283	277		contested case hearing regarding commission actions relating to an
284	278		application for a permit.
285	279		(f) A person may not divert marine seawater under a permit
286	280		required by Subsection (a) or as authorized by Subsection (b) from a
287	281		point of diversion located in a bay or estuary.
288	282		(g) An application for a permit required by Subsection (a)
289	283		must address the points from which, and the rate at which, the
290	284		facility the applicant proposes to construct will divert marine
291	285		seawater.
292	286		(h) The commission by rule shall prescribe reasonable
293	287		measures to minimize impingement and entrainment.
294	288		(i) The Parks and Wildlife Department and the General Land
295	289		Office jointly shall conduct a study to identify zones in the Gulf
296	290		of Mexico that are appropriate for the diversion of marine
297	291		seawater, taking into account the need to protect marine organisms.
298	292		Not later than September 1, 2018, the Parks and Wildlife Department
299	293		and the General Land Office shall submit a report on the results of
300	294		the study to the commission. The report must include recommended
301	295		diversion zones for designation by the commission and
302	296		recommendations for the number of points from which, and the rate at
303	297		which, a facility may divert marine seawater. Not later than
304	298		September 1, 2020, the commission by rule shall designate
305	299		appropriate diversion zones. A diversion zone may be contiguous
306	300		to, be the same as, or overlap a discharge zone. The point or points
307	301		from which a facility may divert marine seawater must be located in
308	302		a diversion zone designated by the commission under rules adopted
309	303		under this subsection if:
310	304		(1) the facility is authorized by a permit as required
311	305		by Subsection (a) issued after the rules are adopted; or
312	306		(2) the facility is exempt under Subsection (b) from
313	307		the requirement of a permit and construction of the facility begins
314	308		after the rules are adopted.
315	309		(j) Until the commission adopts rules under Subsection (i),
316	310		a person must consult the Parks and Wildlife Department and the
317	311		General Land Office regarding the point or points from which a
318	312		facility the person proposes to construct may divert marine
319	313		seawater before submitting an application for a permit for the
320	314		facility if Subsection (a) applies or before beginning construction
321	315		of the facility if Subsection (b) applies.
322	316		Sec. 18.004. BED AND BANKS AUTHORIZATION. (a) With prior
323	317		authorization granted under rules prescribed by the commission, a
324	318		person may use the bed and banks of any flowing natural stream in
325	319		this state or a lake, reservoir, or other impoundment in this state
326	320		to convey marine seawater that has been treated so as to meet
327	321		standards that are at least as stringent as the water quality
328	322		standards applicable to the receiving stream or impoundment adopted
329	323		by the commission.
330	324		(b) The commission shall provide for notice and an
331	325		opportunity for the submission of written comment but may not
332	326		provide an opportunity for a contested case hearing regarding
333	327		commission actions relating to an application for an authorization
334	328		under this section to use the bed and banks of a flowing natural
335	329		stream to convey treated marine seawater. The commission shall
336	330		provide for notice, an opportunity for the submission of written
337	331		comment, and an opportunity for a contested case hearing regarding
338	332		commission actions relating to an application for an authorization
339	333		under this section to use a lake, reservoir, or other impoundment to
340	334		convey treated marine seawater.
341	335		(c) A person may not discharge treated marine seawater into
342	336		a flowing natural stream in this state or a lake, reservoir, or
343	337		other impoundment in this state for the purpose of conveyance of the
344	338		water under an authorization granted under this section unless the
345	339		person holds a permit issued under Section 18.005 authorizing the
346	340		discharge.
347	341		(d) Treated marine seawater that is conveyed under an
348	342		authorization granted under this section may be used only by the
349	343		person to whom the authorization is granted.
350	344		(e) Section 11.042(c) applies to an authorization granted
351	345		under this section in the same manner as that subsection applies to
352	346		an authorization granted under Section 11.042.
353	347		(f) This section does not prohibit a person from conveying
354	348		treated marine seawater in any other manner authorized by law.
355	349		Sec. 18.005. DISCHARGE OF TREATED MARINE SEAWATER OR WASTE
356	350		RESULTING FROM DESALINATION OF MARINE SEAWATER. (a) In this
357	351		section, "permit," "person," "to discharge," "waste," and "water"
358	352		have the meanings assigned by Section 26.001.
359	353		(b) Section 26.011 applies to discharges governed by this
360	354		section in the same manner as that section applies to discharges
361	355		governed by Chapter 26.
362	356		(c) A person must obtain a permit to discharge:
363	357		(1) treated marine seawater into a natural stream in
364	358		this state or a lake, reservoir, or other impoundment in this state;
365	359		or
366	360		(2) waste resulting from the desalination of treated
367	361		marine seawater into the Gulf of Mexico.
368	362		(d) A person shall:
369	363		(1) treat marine seawater so as to meet standards that
370	364		are at least as stringent as the water quality standards adopted by
371	365		the commission applicable to the receiving stream or impoundment
372	366		before discharging the seawater under this section; and
373	367		(2) comply with all applicable state and federal
374	368		requirements when discharging waste resulting from the
375	369		desalination of marine seawater into the Gulf of Mexico.
376	370		(e) The commission by rule shall provide an expedited
377	371		procedure for acting on an application for a permit under this
378	372		section. The rules must provide for:
379	373		(1) notice, an opportunity for the submission of
380	374		written comment, and an opportunity to request a public meeting and
381	375		may authorize a contested case hearing regarding commission actions
382	376		relating to an application for a permit described by Subsection
383	377		(c)(1);
384	378		(2) notice, an opportunity for the submission of
385	379		written comment, an opportunity to request a public meeting, and an
386	380		opportunity for a contested case hearing regarding commission
387	381		actions relating to an application for a permit described by
388	382		Subsection (c)(2) if the point of discharge is located within three
389	383		miles of any point located on the coast of this state; and
390	384		(3) notice and an opportunity for the submission of
391	385		written comment regarding commission actions relating to an
392	386		application for a permit described by Subsection (c)(2) if
393	387		Subdivision (2) of this subsection does not apply.
394	388		(f) A person may not discharge waste resulting from the
395	389		desalination of marine seawater into a bay or estuary under a permit
396	390		issued under Subsection (c)(2).
397	391		(g) The Parks and Wildlife Department and the General Land
398	392		Office jointly shall conduct a study to identify zones in the Gulf
399	393		of Mexico that are appropriate for the discharge of waste resulting
400	394		from the desalination of marine seawater, taking into account the
401	395		need to protect marine organisms. Not later than September 1, 2018,
402	396		the Parks and Wildlife Department and the General Land Office shall
403	397		submit a report on the results of the study to the commission. The
404	398		report must include recommended discharge zones for designation by
405	399		the commission. Not later than September 1, 2020, the commission by
406	400		rule shall designate appropriate discharge zones. The point at
407	401		which a facility may discharge waste resulting from the
408	402		desalination of marine seawater must be located in a discharge zone
409	403		designated by the commission under rules adopted under this
410	404		subsection if the facility is authorized by a permit issued under
411	405		Subsection (c)(2) after the rules are adopted.
412	406		(h) Until the commission adopts rules under Subsection (g),
413	407		a person must consult the Parks and Wildlife Department and the
414	408		General Land Office regarding the point at which the facility the
415	409		person proposes to construct may discharge waste resulting from the
416	410		desalination of marine seawater before submitting an application
417	411		for a permit under Subsection (c)(2) for the facility.
418	412		SECTION 11. Section 26.0291(a), Water Code, is amended to
419	413		read as follows:
420	414		(a) An annual water quality fee is imposed on:
421	415		(1) each wastewater discharge permit holder,
422	416		including the holder of a permit issued under Section 18.005, for
423	417		each wastewater discharge permit held; and
424	418		(2) each user of water in proportion to the user's
425	419		water right, through permit or contract, as reflected in the
426	420		commission's records, provided that the commission by rule shall
427	421		ensure that no fee shall be assessed for the portion of a municipal
428	422		or industrial water right directly associated with a facility or
429	423		operation for which a fee is assessed under Subdivision (1) of this
430	424		subsection.
431	425		SECTION 12. Subchapter C, Chapter 341, Health and Safety
432	426		Code, is amended by adding Section 341.0316 to read as follows:
433	427		Sec. 341.0316. DESALINATION OF MARINE SEAWATER FOR DRINKING
434	428		WATER. (a) This section applies only to a desalination facility
435	429		that is intended to treat marine seawater for the purpose of
436	430		producing water for the public drinking water supply. This section
437	431		does not apply to a desalination facility used to produce
438	432		nonpotable water.
439	433		(b) The commission shall adopt rules to:
440	434		(1) allow water treated by a desalination facility to
441	435		be used as public drinking water; and
442	436		(2) ensure that water treated by a desalination
443	437		facility meets the requirements of Section 341.031 and rules
444	438		adopted under that section.
445	439		(c) A person may not begin construction of a desalination
446	440		facility that treats marine seawater for the purpose of removing
447	441		primary or secondary drinking water contaminants unless the
448	442		commission approves the construction of the facility.
449	443		SECTION 13. Section 16.060, Water Code, is repealed.
450	444		SECTION 14. This Act takes effect immediately if it
451	445		receives a vote of two-thirds of all the members elected to each
452	446		house, as provided by Section 39, Article III, Texas Constitution.
453	447		If this Act does not receive the vote necessary for immediate
454	448		effect, this Act takes effect September 1, 2015.
455		-	* * * * *
	449	+	______________________________ ______________________________
	450	+	President of the Senate Speaker of the House
	451	+	I certify that H.B. No. 2031 was passed by the House on May 1,
	452	+	2015, by the following vote: Yeas 137, Nays 0, 2 present, not
	453	+	voting.
	454	+	______________________________
	455	+	Chief Clerk of the House
	456	+	I certify that H.B. No. 2031 was passed by the Senate on May
	457	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	458	+	______________________________
	459	+	Secretary of the Senate
	460	+	APPROVED: _____________________
	461	+	Date
	462	+	_____________________
	463	+	Governor