Texas 2015 - 84th Regular

Texas House Bill HB835 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Larson H.B. No. 835
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to research, development and utilization of brackish
7	7	groundwater resources.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 16.060, Water Code, is amended to read as
10	10	follows:
11	11	Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) The
12	12	board shall undertake or participate in research, feasibility and
13	13	facility planning studies, investigations, and surveys [as it
14	14	considers necessary] to further the development of cost-effective
15	15	water supplies from water [seawater] desalination in the state.
16	16	(b) The board shall prepare a biennial progress report on
17	17	the implementation of water [seawater] desalination activities in
18	18	the state and shall submit it to the governor, lieutenant governor,
19	19	and speaker of the house of representatives not later than December
20	20	1 of each even-numbered year. The report shall include:
21	21	(1) results of the board's studies and activities
22	22	relative to [seawater] water desalination during the preceding
23	23	biennium;
24	24	(2) identification and evaluation of research,
25	25	regulatory, technical, and financial impediments to the
26	26	implementation of [seawater] water desalination projects;
27	27	(3) evaluation of the role the state should play in
28	28	furthering the development of large-scale [seawater] water
29	29	desalination projects in the state; [and]
30	30	(4) the anticipated appropriation from general
31	31	revenues necessary to continue investigating water desalination
32	32	activities in the state during the next biennium;
33	33	(5) identification of brackish groundwater management
34	34	zones with moderate to high availability and productivity of
35	35	brackish water that can be used to reduce reliance on fresh
36	36	groundwater and that:
37	37	(A) are separated by hydrogeologic barriers
38	38	sufficient to prevent adverse impacts to water availability or
39	39	water quality in other aquifers, subdivisions of aquifers, or
40	40	geologic strata;
41	41	(B) are not part of an aquifer management unit
42	42	for which a desired future condition has been established;
43	43	(C) are not, at the time of designation as a
44	44	brackish groundwater management zone, serving as a primary water
45	45	supply for any purpose other than supplying a desalination project;
46	46	(D) production from which will not result in
47	47	subsidence; and
48	48	(E) are not located:
49	49	(i) within the boundaries of the
50	50	Harris-Galveston Subsidence District or the Fort Bend Subsidence
51	51	District; or
52	52	(ii) in the Edwards Aquifer and within the
53	53	boundaries of the Edwards Aquifer Authority; and
54	54	(6) information regarding state participation in
55	55	public-private partnerships to advance research efforts, implement
56	56	pilot projects, and develop new technologies related to:
57	57	(A) water transport;
58	58	(B) brine disposal;
59	59	(C) pretreatment of water for desalination; and
60	60	(D) innovative concentrate management
61	61	strategies.
62	62	(c) The board shall actively pursue federal sources of
63	63	funding for desalination projects in the state.
64	64	(d) The board shall coordinate with groundwater
65	65	conservation districts and stakeholders and shall consider the
66	66	Brackish Groundwater Manual for Texas Regional Water Planning
67	67	Groups, and any updates to the manual, and other relevant
68	68	scientific data or findings when identifying brackish groundwater
69	69	management zones under Subsection (b)(5).
70	70	SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
71	71	by adding Sections 36.1012 and 36.1013 to read as follows:
72	72	Sec. 36.1012. PETITION FOR DESIGNATION OF A BRACKISH
73	73	GROUNDWATER MANAGEMENT ZONE. (a) A person with a legally defined
74	74	interest in groundwater in a district may petition that district to
75	75	establish a brackish groundwater management zone within the
76	76	district by following the procedures in this section. A "brackish
77	77	groundwater management zone" means an aquifer, subdivision of an
78	78	aquifer, or geologic stratum that:
79	79	(1) is separated by hydrogeologic barriers sufficient
80	80	to prevent adverse impacts to water availability or water quality
81	81	in other aquifers, subdivisions of aquifers, or geologic strata;
82	82	(2) is not part of an aquifer management unit for which
83	83	a desired future condition has been established;
84	84	(3) is not, at the time of designation as a brackish
85	85	groundwater management zone, serving as a primary water supply for
86	86	any purpose other than supplying a desalination project;
87	87	(4) production from which will not result in
88	88	subsidence; and
89	89	(5) is not located:
90	90	(A) within the boundaries of the
91	91	Harris-Galveston Subsidence District or the Fort Bend Subsidence
92	92	District; or
93	93	(B) in the Edwards Aquifer and within the
94	94	boundaries of the Edwards Aquifer Authority.
95	95	(b) The district shall review the petition and either deem
96	96	it to be administratively complete or return it with an explanation
97	97	of how the petition is deficient.
98	98	(c) Upon request from the petitioner or on its own motion,
99	99	the district may forward an administratively complete petition to
100	100	the Texas Water Development Board for review, along with a copy of
101	101	the relevant district rules and any other information the district
102	102	deems relevant to review of the petition.
103	103	(d) If requested, Texas Water Development Board shall
104	104	perform a technical review of the petition to determine:
105	105	(1) potential water quality or water quantity impacts
106	106	to any aquifer, subdivision of an aquifer, or geologic stratum
107	107	adjacent to the proposed brackish groundwater management zone; and
108	108	(2) whether production from the proposed zone will
109	109	negatively impact the district's ability to achieve approved
110	110	desired future conditions.
111	111	(e) Following the review, the Texas Water Development Board
112	112	shall issue a report to the district detailing the findings under
113	113	subsection (d).
114	114	(f) The district shall schedule a public hearing to consider
115	115	the petition, and shall make the petition and any other relevant
116	116	material available to any person upon request.
117	117	Sec. 36.1013. RULES FOR PERMITS IN BRACKISH GROUNDWATER
118	118	MANAGEMENT ZONES. (a) A district may, by rule, designate one or
119	119	more brackish groundwater management zones as a separate
120	120	subdivision of an aquifer, and may issue permits with terms and
121	121	conditions specific to that zone.
122	122	(b) After a district has designated a brackish groundwater
123	123	management zone, the district shall adopt rules for the issuance of
124	124	permits under Section 36.113 to withdraw groundwater specific to
125	125	that brackish groundwater management zone. The rules must:
126	126	(1) allow withdrawals and rates of withdrawal from a
127	127	brackish groundwater management zone that can be demonstrated as
128	128	not having an impact on aquifers, a subdivision of an aquifer, or
129	129	geologic stratum adjacent to the brackish groundwater management
130	130	zone;
131	131	(2) require reasonable monitoring of the aquifers,
132	132	subdivisions of aquifers, or geologic stratum adjacent to the
133	133	brackish groundwater management zone;
134	134	(3) allow the district to amend a permit issued under
135	135	rules adopted under this section following receipt of a report
136	136	requested under Subsection (d); and
137	137	(4) require reports from the holder of a permit issued
138	138	under rules adopted under this section that must include:
139	139	(A) the amount of groundwater withdrawn;
140	140	(B) the average monthly water quality of the
141	141	groundwater withdrawn from both the brackish groundwater
142	142	management zone and in any aquifer, subdivision of the aquifer, or
143	143	geologic stratum for which the permit requires monitoring; and
144	144	(C) aquifer levels in both the brackish
145	145	groundwater management zone and in any aquifer, subdivision of the
146	146	aquifer, or geologic stratum for which the permit requires
147	147	monitoring.
148	148	(c) The district shall provide the reports required under
149	149	Subsection (b)(4) to the Texas Water Development Board. On request
150	150	from the district, the Texas Water Development Board shall
151	151	investigate and issue a report on:
152	152	(1) impacts to water quantity in an adjacent aquifer,
153	153	subdivision of an aquifer, or geologic stratum; or
154	154	(2) impacts to water quality in an adjacent aquifer,
155	155	subdivision of an aquifer, or geologic stratum.
156	156	(d) After receiving a report requested under subsection
157	157	(c), the district may, after notice and hearing:
158	158	(1) amend the applicable permit to establish a
159	159	production limit necessary to mitigate any impacts identified by
160	160	the report;
161	161	(2) with the approval of persons with a legally
162	162	defined interest in groundwater within the district, approve a
163	163	mitigation plan that alleviates any adverse impacts identified by
164	164	the report; or
165	165	(3) both amend the permit to establish a production
166	166	limit and, with the approval of persons with a legally defined
167	167	interest in groundwater within the district, approve a mitigation
168	168	plan.
169	169	SECTION 3. Section 36.205(a), Water Code, is amended to
170	170	read as follows:
171	171	(a) A district may set fees for administrative acts of the
172	172	district, such as filing applications or petitions. Fees set by a
173	173	district may not unreasonably exceed the cost to the district of
174	174	performing the administrative function for which the fee is
175	175	charged.
176	176	SECTION 4. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2015.