Texas 2017 - 85th Regular

Texas House Bill HB2215 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Price (Senate Sponsor - Miles) H.B. No. 2215
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 16, 2017, reported
5		-	favorably by the following vote: Yeas 7, Nays 0; May 16, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2215
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the deadline for adoption of desired future conditions
13	6		in groundwater conservation districts.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 16.053(e), Water Code, as amended by
16	9		Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
17	10		of the 84th Legislature, Regular Session, 2015, is reenacted and
18	11		amended to read as follows:
19	12		(e) Each regional water planning group shall submit to the
20	13		development board a regional water plan that:
21	14		(1) is consistent with the guidance principles for the
22	15		state water plan adopted by the development board under Section
23	16		16.051(d);
24	17		(2) provides information based on data provided or
25	18		approved by the development board in a format consistent with the
26	19		guidelines provided by the development board under Subsection (d);
27	20		(2-a) is consistent with the desired future conditions
28	21		adopted under Section 36.108 for the relevant aquifers located in
29	22		the regional water planning area as of the most recent deadline for
30	23		[date] the board to adopt the [most recently adopted a] state water
31	24		plan under Section 16.051 or, at the option of the regional water
32	25		planning group, established subsequent to the adoption of the most
33	26		recent plan; provided, however, that if no groundwater conservation
34	27		district exists within the area of the regional water planning
35	28		group, the regional water planning group shall determine the supply
36	29		of groundwater for regional planning purposes; the Texas Water
37	30		Development Board shall review and approve, prior to inclusion in
38	31		the regional water plan, that the groundwater supply for the
39	32		regional planning group without a groundwater conservation
40	33		district in its area is physically compatible, using the board's
41	34		groundwater availability models, with the desired future
42	35		conditions adopted under Section 36.108 for the relevant aquifers
43	36		in the groundwater management area that are regulated by
44	37		groundwater conservation districts;
45	38		(3) identifies:
46	39		(A) each source of water supply in the regional
47	40		water planning area, including information supplied by the
48	41		executive administrator on the amount of modeled available
49	42		groundwater in accordance with the guidelines provided by the
50	43		development board under Subsections (d) and (f);
51	44		(B) factors specific to each source of water
52	45		supply to be considered in determining whether to initiate a
53	46		drought response;
54	47		(C) actions to be taken as part of the response;
55	48		and
56	49		(D) existing major water infrastructure
57	50		facilities that may be used for interconnections in the event of an
58	51		emergency shortage of water;
59	52		(4) has specific provisions for water management
60	53		strategies to be used during a drought of record;
61	54		(5) includes but is not limited to consideration of
62	55		the following:
63	56		(A) any existing water or drought planning
64	57		efforts addressing all or a portion of the region and potential
65	58		impacts on public health, safety, or welfare in this state;
66	59		(B) approved groundwater conservation district
67	60		management plans and other plans submitted under Section 16.054;
68	61		(C) all potentially feasible water management
69	62		strategies, including but not limited to improved conservation,
70	63		reuse, and management of existing water supplies, conjunctive use,
71	64		acquisition of available existing water supplies, and development
72	65		of new water supplies;
73	66		(D) protection of existing water rights in the
74	67		region;
75	68		(E) opportunities for and the benefits of
76	69		developing regional water supply facilities or providing regional
77	70		management of water supply facilities;
78	71		(F) appropriate provision for environmental
79	72		water needs and for the effect of upstream development on the bays,
80	73		estuaries, and arms of the Gulf of Mexico and the effect of plans on
81	74		navigation;
82	75		(G) provisions in Section 11.085(k)(1) if
83	76		interbasin transfers are contemplated;
84	77		(H) voluntary transfer of water within the region
85	78		using, but not limited to, regional water banks, sales, leases,
86	79		options, subordination agreements, and financing agreements;
87	80		(I) emergency transfer of water under Section
88	81		11.139, including information on the part of each permit, certified
89	82		filing, or certificate of adjudication for nonmunicipal use in the
90	83		region that may be transferred without causing unreasonable damage
91	84		to the property of the nonmunicipal water rights holder; and
92	85		(J) opportunities for and the benefits of
93	86		developing large-scale desalination facilities for:
94	87		(i) marine seawater that serve local or
95	88		regional entities; and
96	89		(ii) [(J) opportunities for and the
97	90		benefits of developing large-scale desalination facilities for]
98	91		seawater or brackish groundwater that serve local or regional
99	92		brackish groundwater production zones identified and designated
100	93		under Section 16.060(b)(5);
101	94		(6) identifies river and stream segments of unique
102	95		ecological value and sites of unique value for the construction of
103	96		reservoirs that the regional water planning group recommends for
104	97		protection under Section 16.051;
105	98		(7) assesses the impact of the plan on unique river and
106	99		stream segments identified in Subdivision (6) if the regional water
107	100		planning group or the legislature determines that a site of unique
108	101		ecological value exists;
109	102		(8) describes the impact of proposed water projects on
110	103		water quality; and
111	104		(9) includes information on:
112	105		(A) projected water use and conservation in the
113	106		regional water planning area; and
114	107		(B) the implementation of state and regional
115	108		water plan projects, including water conservation strategies,
116	109		necessary to meet the state's projected water demands.
117	110		SECTION 2. Sections 36.108(d), (d-2), (d-3), and (d-4),
118	111		Water Code, are amended to read as follows:
119	112		(d) Not later than May 1, 2021 [September 1, 2010], and
120	113		every five years thereafter, the districts shall consider
121	114		groundwater availability models and other data or information for
122	115		the management area and shall propose for adoption desired future
123	116		conditions for the relevant aquifers within the management area.
124	117		Before voting on the proposed desired future conditions of the
125	118		aquifers under Subsection (d-2), the districts shall consider:
126	119		(1) aquifer uses or conditions within the management
127	120		area, including conditions that differ substantially from one
128	121		geographic area to another;
129	122		(2) the water supply needs and water management
130	123		strategies included in the state water plan;
131	124		(3) hydrological conditions, including for each
132	125		aquifer in the management area the total estimated recoverable
133	126		storage as provided by the executive administrator, and the average
134	127		annual recharge, inflows, and discharge;
135	128		(4) other environmental impacts, including impacts on
136	129		spring flow and other interactions between groundwater and surface
137	130		water;
138	131		(5) the impact on subsidence;
139	132		(6) socioeconomic impacts reasonably expected to
140	133		occur;
141	134		(7) the impact on the interests and rights in private
142	135		property, including ownership and the rights of management area
143	136		landowners and their lessees and assigns in groundwater as
144	137		recognized under Section 36.002;
145	138		(8) the feasibility of achieving the desired future
146	139		condition; and
147	140		(9) any other information relevant to the specific
148	141		desired future conditions.
149	142		(d-2) The desired future conditions proposed under
150	143		Subsection (d) must provide a balance between the highest
151	144		practicable level of groundwater production and the conservation,
152	145		preservation, protection, recharging, and prevention of waste of
153	146		groundwater and control of subsidence in the management area. This
154	147		subsection does not prohibit the establishment of desired future
155	148		conditions that provide for the reasonable long-term management of
156	149		groundwater resources consistent with the management goals under
157	150		Section 36.1071(a). The desired future conditions proposed under
158	151		Subsection (d) must be approved by a two-thirds vote of all the
159	152		district representatives for distribution to the districts in the
160	153		management area. A period of not less than 90 days for public
161	154		comments begins on the day the proposed desired future conditions
162	155		are mailed to the districts. During the public comment period and
163	156		after posting notice as required by Section 36.063, each district
164	157		shall hold a public hearing on any proposed desired future
165	158		conditions relevant to that district. During the public comment
166	159		period, the district shall make available in its office a copy of
167	160		the proposed desired future conditions and any supporting
168	161		materials, such as the documentation of factors considered under
169	162		Subsection (d) and groundwater availability model run results.
170	163		After the close of the public comment period [hearing], the
171	164		district shall compile for consideration at the next joint planning
172	165		meeting a summary of relevant comments received, any suggested
173	166		revisions to the proposed desired future conditions, and the basis
174	167		for the revisions.
175	168		(d-3) After [the earlier of the date on which] all the
176	169		districts have submitted their district summaries [or the
177	170		expiration of the public comment period under Subsection (d-2)],
178	171		the district representatives shall reconvene to review the reports,
179	172		consider any district's suggested revisions to the proposed desired
180	173		future conditions, and finally adopt the desired future conditions
181	174		for the management area. The desired future conditions must be
182	175		approved by [adopted as] a resolution adopted by a two-thirds vote
183	176		of all the district representatives not later than January 5, 2022.
184	177		Subsequent desired future conditions must be proposed and finally
185	178		adopted by the district representatives before the end of each
186	179		successive five-year period after that date. The district
187	180		representatives shall produce a desired future conditions
188	181		explanatory report for the management area and submit to the
189	182		development board and each district in the management area proof
190	183		that notice was posted for the joint planning meeting, a copy of the
191	184		resolution, and a copy of the explanatory report. The report must:
192	185		(1) identify each desired future condition;
193	186		(2) provide the policy and technical justifications
194	187		for each desired future condition;
195	188		(3) include documentation that the factors under
196	189		Subsection (d) were considered by the districts and a discussion of
197	190		how the adopted desired future conditions impact each factor;
198	191		(4) list other desired future condition options
199	192		considered, if any, and the reasons why those options were not
200	193		adopted; and
201	194		(5) discuss reasons why recommendations made by
202	195		advisory committees and relevant public comments received by the
203	196		districts were or were not incorporated into the desired future
204	197		conditions.
205	198		(d-4) After [As soon as possible after] a district receives
206	199		notification from the Texas Water Development Board that the
207	200		desired future conditions resolution and explanatory report under
208	201		Subsection (d-3) are administratively complete, the district shall
209	202		adopt the applicable desired future conditions in the resolution
210	203		and report [that apply to the district].
211	204		SECTION 3. Section 36.108(d-5), Water Code, is repealed.
212	205		SECTION 4. To the extent of any conflict, this Act prevails
213	206		over another Act of the 85th Legislature, Regular Session, 2017,
214	207		relating to nonsubstantive additions to and corrections in enacted
215	208		codes.
216	209		SECTION 5. This Act takes effect immediately if it receives
217	210		a vote of two-thirds of all the members elected to each house, as
218	211		provided by Section 39, Article III, Texas Constitution. If this
219	212		Act does not receive the vote necessary for immediate effect, this
220	213		Act takes effect September 1, 2017.
221		-	* * * * *
	214	+	______________________________ ______________________________
	215	+	President of the Senate Speaker of the House
	216	+	I certify that H.B. No. 2215 was passed by the House on April
	217	+	27, 2017, by the following vote: Yeas 143, Nays 1, 3 present, not
	218	+	voting.
	219	+	______________________________
	220	+	Chief Clerk of the House
	221	+	I certify that H.B. No. 2215 was passed by the Senate on May
	222	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	223	+	______________________________
	224	+	Secretary of the Senate
	225	+	APPROVED: _____________________
	226	+	Date
	227	+	_____________________
	228	+	Governor