By: Hunter H.B. No. 4097
A BILL TO BE ENTITLED
AN ACT
relating to seawater desalination projects
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0331 to read as follows:
Sec. 341.0331. DESALINATION FOR NONPOTABLE USE. (a) This
section applies only to the desalination of seawater under a permit
issued under Section 26.0272, Water Code.
(b) The commission shall adopt rules that allow desalinated
seawater to be used for nonpotable uses. The rules must specify
that:
(1) the quality of water produced by seawater
desalination does not have to meet the criteria prescribed by the
sanitary standards for drinking water adopted by the commission;
(2) a public drinking water supply may not be
connected to any alternative source unless the connection is
designed to ensure against a backflow or siphonage of water into the
drinking water supply; and
(3) equipment used to desalinate seawater for
nonpotable uses may not subsequently be used to produce water for
human consumption.
SECTION 2. Section 39.203, Utilities Code, is amended by
adding Subsection (i) to read as follows:
(i) The commission, in cooperation with transmission and
distribution utilities and the ERCOT independent system operator,
shall study whether existing transmission and distribution
planning processes are sufficient to provide adequate
infrastructure for seawater desalination projects. If the
commission determines that statutory changes are needed to ensure
that adequate infrastructure is developed for projects of that
kind, the commission shall include recommendations in the report
required by Section 31.003.
SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9055 to read as follows:
Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF
SEAWATER DESALINATION PROJECTS. The commission and the ERCOT
independent system operator shall study the potential for seawater
desalination projects to participate in existing demand response
opportunities in the ERCOT market. To the extent feasible, the
study shall determine whether the operational characteristics of
seawater desalination projects enable projects of that kind to
participate in ERCOT-operated ancillary services markets or other
competitively supplied demand response opportunities. The study
shall also determine the potential economic benefit to a seawater
desalination project if the project is able to reduce its demand
during peak pricing periods. The commission shall include the
results of the study in the report required by Section 31.003.
SECTION 4. Subchapter D, Chapter 11, Water Code, is amended
by adding Section 11.1405 to read as follows:
Sec. 11.1405. PERMIT FOR DESALINATION OF SEAWATER FOR USE
FOR INDUSTRIAL PURPOSES. (a) The commission may issue a permit to
authorize a diversion of state water from the Gulf of Mexico or a
bay or arm of the Gulf of Mexico for desalination and use for
industrial purposes.
(b) A permit application under this section must be
submitted as required by commission rule.
(c) The commission is not required to make a finding of
water availability for an application under this section.
(d) The commission shall evaluate whether any proposed
diversion under this section is consistent with any applicable
environmental flow standards established under Section 11.1471.
(e) The commission may include any provision in a permit
issued under this section that the commission considers necessary
to comply with the environment flow standards established under
Section 11.1471.
(f) A permit issued under this section does not require
public notice and is not subject to a contested case hearing.
SECTION 5. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.0272 to read as follows:
Sec. 26.0272. PERMITS AUTHORIZING DISCHARGES FROM SEAWATER
DESALINATION FACILITIES. (a) This section applies only to a
facility that generates waste from the desalination of seawater for
use as part of an industrial process.
(b) The commission may issue a permit for the discharge of
waste or pollutants from the desalination of seawater into the
portion of the Gulf of Mexico inside the territorial limits of the
state.
(c) Before issuing a permit under this section, the
commission must evaluate the discharge of waste or pollutants from
the desalination of seawater into the Gulf of Mexico for compliance
with the state water quality standards adopted by the commission,
the requirements of the Texas Pollutant Discharge Elimination
System program, and applicable federal law.
(d) The commission may issue individual permits or a general
permit under this section. If the commission elects to issue
individual permits under this section, the commission must
establish procedures for the review of an application that, at a
minimum, comply with the requirements of Subchapter M, Chapter 5.
If the commission elects to issue a general permit under this
section, the commission must comply with the requirements of
Section 26.040.
SECTION 6. Section 27.021, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) A permit issued under this section may authorize the
disposal of brine produced by the desalination of seawater.
SECTION 7. Section 27.025, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) A general permit issued under this section may
authorize an injection well for the disposal of brine produced by
the desalination of seawater.
SECTION 8. 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.