Texas 2015 - 84th Regular

Texas Senate Bill SB1907 Compare Versions

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11 By: Perry S.B. No. 1907
22 (In the Senate - Filed March 13, 2015; March 25, 2015, read
33 first time and referred to Committee on Agriculture, Water, and
44 Rural Affairs; April 22, 2015, reported favorably by the following
55 vote: Yeas 5, Nays 1; April 22, 2015, sent to printer.)
66 Click here to see the committee vote
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to a study conducted by the Texas Water Development Board
1212 regarding the development of a market and conveyance network for
1313 water in this state.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. LEGISLATIVE FINDINGS. The legislature finds
1616 that:
1717 (1) water is a valuable part of the natural capital of
1818 the state, serving vital economic, environmental, and social
1919 purposes;
2020 (2) the growing water needs of the state require using
2121 water in an efficient manner and increasing the economic,
2222 environmental, and social productivity of water;
2323 (3) the efficient use of water often requires the
2424 reallocation of water entitlements from one water user to another
2525 and the conveyance of water from one geographic location to
2626 another; and
2727 (4) improving the efficient use of water in the state
2828 may be promoted by improving the laws regarding water transfers and
2929 markets and by constructing and operating an integrated network of
3030 water conveyance infrastructure.
3131 SECTION 2. DEFINITION. In this Act, "board" means the
3232 Texas Water Development Board.
3333 SECTION 3. STUDY. (a) The board shall conduct a study to
3434 evaluate improvements to the transfer of water entitlements in this
3535 state and the establishment of a water grid, including an
3636 integrated network of pipelines, pumping stations, reservoirs, and
3737 other works for the conveyance of water between river basins, water
3838 sources, and areas of water use in the state.
3939 (b) In conducting the study, the board shall:
4040 (1) review studies previously conducted as part of the
4141 state water planning process or otherwise;
4242 (2) identify the necessary and useful features of an
4343 efficient market for water, including water rights, institutions,
4444 and infrastructure;
4545 (3) examine case studies of water markets in other
4646 jurisdictions both within and outside the United States;
4747 (4) identify and evaluate potential sources of water
4848 for the market and the water grid;
4949 (5) identify and evaluate potential areas of use for
5050 water delivered by the water grid, including areas of water use for
5151 municipal, industrial, agricultural irrigation, recreational,
5252 environmental, and other purposes;
5353 (6) evaluate alternative facilities with varying
5454 capacities, source and delivery points, and alignments, including
5555 subsea alignments, and whether the water grid should convey treated
5656 or untreated water in each conveyance reach;
5757 (7) develop a strategy for the water grid that will
5858 achieve optimal results for water use efficiency, water supply
5959 reliability, economic efficiency, the functioning of a market for
6060 water transfers, and the protection and enhancement of water
6161 rights, investments, and the natural environment;
6262 (8) connect the establishment, construction,
6363 operation, and management of the water grid to the state water
6464 planning process;
6565 (9) evaluate alternative methods for ownership,
6666 construction, operation, maintenance, control, and financing of
6767 the water grid, including:
6868 (A) ownership by a state agency;
6969 (B) ownership by one or more special-purpose
7070 districts or authorities created under Section 59, Article XVI,
7171 Texas Constitution, for the purpose of providing wholesale water
7272 supply, improvement, management, or transportation, including
7373 river authorities and regional districts;
7474 (C) ownership by a public utility;
7575 (D) operation as a state-awarded concession;
7676 (E) operation as a public-private partnership;
7777 (F) development by private enterprises in a
7878 competitive market; and
7979 (G) development similar to other integrated
8080 networks for the conveyance of natural resources;
8181 (10) identify and evaluate methods to fund the
8282 establishment of a water grid, including the appropriation of funds
8383 or the issuance of bonds by the state or a state agency and state
8484 participation in ownership of the facilities, the issuance of bonds
8585 or participation by one or more entities described by Subdivision
8686 (9)(B) of this subsection, the issuance of private activity bonds,
8787 and the use of private investment capital;
8888 (11) evaluate methods of incorporating existing water
8989 conveyance infrastructure into a water grid, including:
9090 (A) purchasing all or a portion of the water
9191 conveyance infrastructure from the owners of that infrastructure;
9292 and
9393 (B) requiring that public agency and public
9494 utility owners of water conveyance infrastructure make unutilized
9595 or underutilized capacity available in that infrastructure, on
9696 payment to the owner of reimbursable costs plus a reasonable return
9797 on investment;
9898 (12) consult with the Texas Commission on
9999 Environmental Quality, the Public Utility Commission of Texas, the
100100 Railroad Commission of Texas, and the General Land Office; and
101101 (13) offer the public an opportunity to submit written
102102 comments on the study for consideration by the board, with a comment
103103 period lasting at least 30 days following publication of a draft
104104 report.
105105 SECTION 4. REPORT. Not later than September 1, 2016, the
106106 board shall submit to the legislature a final written report
107107 containing the findings of the study conducted under this Act and
108108 the board's recommendations for any legislation or other action
109109 necessary to implement the program described by Section 3(a) of
110110 this Act.
111111 SECTION 5. EXPIRATION. This Act expires September 1, 2017.
112112 SECTION 6. EFFECTIVE DATE. This Act takes effect
113113 immediately if it receives a vote of two-thirds of all the members
114114 elected to each house, as provided by Section 39, Article III, Texas
115115 Constitution. If this Act does not receive the vote necessary for
116116 immediate effect, this Act takes effect September 1, 2015.
117117 * * * * *