Texas 2015 - 84th Regular

Texas House Bill HB3298 Compare Versions

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Version 2 (New)

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1		-	~~84R11346 SLB-F~~
2		-	~~By: Larson, Frank H~~.~~B. No. 3298~~
	1	+	By: Larson, Frank, Lucio III, Kacal, Keffer, H.B. No. 3298
	2	+	et al.
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to a study conducted by the Texas Water Development Board
8	8		regarding the development of a market and conveyance network for
9	9		water in this state.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. LEGISLATIVE FINDINGS. The legislature finds
12	12		that:
13	13		(1) water is a valuable part of the natural capital of
14	14		the state, serving vital economic, environmental, and social
15	15		purposes;
16	16		(2) the growing water needs of the state require using
17	17		water in an efficient manner and increasing the economic,
18	18		environmental, and social productivity of water;
19	19		(3) the efficient use of water often requires the
20	20		reallocation of water entitlements from one water user to another
21	21		and the conveyance of water from one geographic location to
22	22		another; and
23	23		(4) improving the efficient use of water in the state
24	24		may be promoted by improving the laws regarding water transfers and
25		-	markets and by ~~constructing and operating~~ an integrated network of
26		-	water conveyance infrastructure.
	25	+	markets and by using an integrated network of both natural and
	26	+	constructed water conveyance infrastructure.
27	27		SECTION 2. DEFINITION. In this Act, "board" means the
28	28		Texas Water Development Board.
29	29		SECTION 3. STUDY. (a) The board shall conduct a study to
30		-	evaluate improvements to the transfer of water entitlements in this
31		-	state and the establishment of a water grid, including an
32		-	integrated network of pipelines, pumping stations, reservoirs, and
33		-	other works for the conveyance of water between river basins, water
34		-	sources, and areas of water use in the state.
	30	+	evaluate:
	31	+	(1) improvements to:
	32	+	(A) the transfer of water entitlements; and
	33	+	(B) the functioning of statewide and regional
	34	+	water markets; and
	35	+	(2) the opportunities for and barriers to the
	36	+	potential establishment of a statewide or regional water grid,
	37	+	including an integrated network of natural and constructed works,
	38	+	including pipelines, pumping stations, and reservoirs, for the
	39	+	conveyance of water between and within river basins, water sources,
	40	+	and areas of water use in the state.
35	41		(b) In conducting the study, the board shall:
36	42		(1) review studies previously conducted as part of the
37	43		state water planning process or otherwise;
38	44		(2) identify the necessary and useful features of an
39	45		efficient market for water, including water rights, institutions,
40	46		and infrastructure;
41	47		(3) examine case studies of water markets in other
42		-	jurisdictions both within and outside the United States;
	48	+	jurisdictions both within and outside the United States to
	49	+	determine best practices and risks described in those case studies;
43	50		(4) identify and evaluate potential sources of water
44	51		for the market and the water grid;
45	52		(5) identify and evaluate potential areas of use for
46	53		water delivered by the water grid, including areas of water use for
47	54		municipal, industrial, agricultural irrigation, recreational,
48	55		environmental, and other purposes;
49	56		(6) evaluate alternative facilities with varying
50	57		capacities, source and delivery points, and alignments, including
51	58		subsea alignments, and whether the water grid should convey treated
52	59		or untreated water in each conveyance reach;
53	60		(7) develop a strategy for the water grid that will
54	61		achieve optimal results for water use efficiency, water supply
55	62		reliability, economic efficiency, the functioning of a market for
56	63		water transfers, and the protection and enhancement of water
57	64		rights, investments, and the natural environment;
58		-	(8) ~~connect~~ the ~~establishment, construction,~~
59		-	operation, and ~~management of the water grid to the state water~~
60		-	planning process;
	65	+	(8) evaluate opportunities for and barriers to the
	66	+	integration of the establishment, construction, operation, and
	67	+	management of the water grid into the state water planning process;
61	68		(9) evaluate alternative methods for ownership,
62	69		construction, operation, maintenance, control, and financing of
63	70		the water grid, including:
64	71		(A) ownership by a state agency;
65	72		(B) ownership by one or more special-purpose
66	73		districts or authorities created under Section 59, Article XVI,
67	74		Texas Constitution, for the purpose of providing wholesale water
68	75		supply, improvement, management, or transportation, including
69	76		river authorities and regional districts;
70	77		(C) ownership by a public utility;
71	78		(D) operation as a state-awarded concession;
72	79		(E) operation as a public-private partnership;
73	80		(F) development by private enterprises in a
74	81		competitive market; and
75	82		(G) development similar to other integrated
76	83		networks for the conveyance of natural resources;
77	84		(10) identify and evaluate methods to fund the
78	85		establishment of a water grid, including the appropriation of funds
79	86		or the issuance of bonds by the state or a state agency and state
80	87		participation in ownership of the facilities, the issuance of bonds
81	88		or participation by one or more entities described by Subdivision
82	89		(9)(B) of this subsection, the issuance of private activity bonds,
83	90		and the use of private investment capital;
84	91		(11) evaluate methods of incorporating existing water
85		-	conveyance infrastructure into a water grid, including:
	92	+	conveyance infrastructure and natural systems into a water grid,
	93	+	including:
86	94		(A) purchasing all or a portion of the water
87	95		conveyance infrastructure from the owners of that infrastructure;
88	96		and
89	97		(B) requiring that public agency and public
90	98		utility owners of water conveyance infrastructure make unutilized
91	99		or underutilized capacity available in that infrastructure, on
92	100		payment to the owner of reimbursable costs plus a reasonable return
93	101		on investment;
94	102		(12) consult with the Texas Commission on
95	103		Environmental Quality, the Public Utility Commission of Texas, the
96	104		Railroad Commission of Texas, and the General Land Office; and
97	105		(13) offer the public an opportunity to submit written
98	106		comments on the study for consideration by the board, with a comment
99	107		period lasting at least 30 days following publication of a draft
100	108		report.
101	109		SECTION 4. REPORT. Not later than September 1, 2016, the
102	110		board shall submit to the legislature a final written report
103	111		containing the findings of the study conducted under this Act and
104	112		the board's recommendations for any legislation or other action
105	113		necessary to implement the program described by Section 3(a) of
106	114		this Act.
107	115		SECTION 5. EXPIRATION. This Act expires September 1, 2017.
108	116		SECTION 6. EFFECTIVE DATE. This Act takes effect
109	117		immediately if it receives a vote of two-thirds of all the members
110	118		elected to each house, as provided by Section 39, Article III, Texas
111		-	Constitution. If this Act does not receive the vote necessary for
	119	+	Constitution.
	120	+	If this Act does not receive the vote necessary for
112	121		immediate effect, this Act takes effect September 1, 2015.