Texas 2015 - 84th Regular

Texas House Bill HB2647 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Ashby, et al. (Senate Sponsor - Estes) H.B. No. 2647
2		-	(In the Senate - Received from the House May 5, 2015;
3		-	May 12, 2015, read first time and referred to Committee on Natural
4		-	Resources and Economic Development; May 20, 2015, reported
5		-	favorably by the following vote: Yeas 8, Nays 2; May 20, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 2647
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	FraserX
12		-	EstesX
13		-	BirdwellX
14		-	HallX
15		-	HancockX
16		-	HinojosaX
17		-	LucioX
18		-	NicholsX
19		-	SeligerX
20		-	UrestiX
21		-	ZaffiriniX
22		-	A BILL TO BE ENTITLED
23	4		AN ACT
24	5		relating to a limitation on the authority to curtail groundwater
25	6		production from wells used for power generation or mining.
26	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
27	8		SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
28	9		by adding Section 36.1175 to read as follows:
29	10		Sec. 36.1175. POWER GENERATION EXEMPTION. (a) This
30	11		section applies to a well that produces groundwater used to support
31	12		the operation of a power generation facility or a mine that provides
32	13		fuel to a power generation facility, including production for
33	14		boiler makeup water, fire suppression, dewatering, potable water,
34	15		and depressurization.
35	16		(b) An owner or operator of a well to which this section
36	17		applies is entitled to petition the district for a delay in the
37	18		effective date of any district action that would reduce or curtail
38	19		production from a well or limit the groundwater production rate of a
39	20		well to an amount that is less than:
40	21		(1) the maximum annual amount of withdrawal as of
41	22		September 1, 2014, authorized by the permit, regardless of whether
42	23		the permit was issued by the district or the Railroad Commission of
43	24		Texas; or
44	25		(2) the maximum annual historical amount of withdrawal
45	26		recorded before September 1, 2014, if the well was in operation on
46	27		that date and no permit from any entity was required for the
47	28		operation of the well.
48	29		(c) The owner or operator of a well subject to this section
49	30		may petition for a delay described by Subsection (b). The petition
50	31		must include evidence that the owner or operator is engaging in good
51	32		faith efforts to identify practicable, readily available
52	33		alternative sources of water with comparable quality. After
53	34		receipt of the petition, the district shall hold a public hearing
54	35		and after the hearing shall make a final determination as to whether
55	36		the proposed reduction or curtailment in groundwater production
56	37		would threaten public health or safety or the reliability of the
57	38		electric grid. The proposed reduction or curtailment for which the
58	39		owner or operator is seeking a delay may not take effect until the
59	40		district has made a final determination under this subsection.
60	41		(d) If the district determines under Subsection (c) that a
61	42		proposed reduction or curtailment in groundwater production would
62	43		threaten public health or safety or the reliability of the electric
63	44		grid, the district shall delay the effective date of the reduction
64	45		or curtailment to a date not earlier than seven years after the date
65	46		that the final determination is made.
66	47		(e) If an owner or operator receives a delay under
67	48		Subsection (d), the owner or operator may petition the district at
68	49		any time before the delayed effective date of the proposed
69	50		reduction or curtailment to delay the effective date a second time
70	51		for an additional three years as provided by this subsection. After
71	52		receiving the petition, the district shall hold a public hearing
72	53		and after the hearing shall make a final determination to approve
73	54		the additional three-year delay if the district determines that:
74	55		(1) the owner or operator has engaged in good faith
75	56		efforts to identify and begin implementing strategies to comply
76	57		with the proposed reduction or curtailment; and
77	58		(2) implementation of the proposed reduction or
78	59		curtailment in groundwater production on the date set under
79	60		Subsection (d) would threaten public health or safety or the
80	61		reliability of the electric grid.
81	62		(f) In making a final determination described by Subsection
82	63		(c), (d), or (e), the district shall request, obtain, and give great
83	64		weight to an opinion issued by the Public Utility Commission of
84	65		Texas.
85	66		SECTION 2. The changes in law made by this Act apply only to
86	67		a reduction or curtailment in groundwater production ordered by a
87	68		groundwater conservation district on or after the effective date of
88	69		this Act. A reduction or curtailment in groundwater production
89	70		ordered by a groundwater conservation district before the effective
90	71		date of this Act is governed by the law in effect at the time the
91	72		reduction or curtailment in groundwater production was ordered, and
92	73		the former law is continued in effect for that purpose.
93	74		SECTION 3. This Act takes effect immediately if it receives
94	75		a vote of two-thirds of all the members elected to each house, as
95	76		provided by Section 39, Article III, Texas Constitution. If this
96	77		Act does not receive the vote necessary for immediate effect, this
97	78		Act takes effect September 1, 2015.
98		-	* * * * *
	79	+	______________________________ ______________________________
	80	+	President of the Senate Speaker of the House
	81	+	I certify that H.B. No. 2647 was passed by the House on May 4,
	82	+	2015, by the following vote: Yeas 139, Nays 2, 1 present, not
	83	+	voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	I certify that H.B. No. 2647 was passed by the Senate on May
	87	+	26, 2015, by the following vote: Yeas 21, Nays 10.
	88	+	______________________________
	89	+	Secretary of the Senate
	90	+	APPROVED: _____________________
	91	+	Date
	92	+	_____________________
	93	+	Governor