Texas 2017 - 85th Regular

Texas House Bill HB3043 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R20208 SLB-F
2	2	By: Workman H.B. No. 3043
3	3	Substitute the following for H.B. No. 3043:
4	4	By: Larson C.S.H.B. No. 3043
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the joint planning process for groundwater management.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 16.053(e), Water Code, as amended by
12	12	Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
13	13	of the 84th Legislature, Regular Session, 2015, is reenacted and
14	14	amended to read as follows:
15	15	(e) Each regional water planning group shall submit to the
16	16	development board a regional water plan that:
17	17	(1) is consistent with the guidance principles for the
18	18	state water plan adopted by the development board under Section
19	19	16.051(d);
20	20	(2) provides information based on data provided or
21	21	approved by the development board in a format consistent with the
22	22	guidelines provided by the development board under Subsection (d);
23	23	(2-a) is consistent with the desired future conditions
24	24	adopted under Section 36.108 for the relevant aquifers located in
25	25	the regional water planning area as of the most recent deadline for
26	26	[date] the board to adopt the [most recently adopted a] state water
27	27	plan under Section 16.051 or, at the option of the regional water
28	28	planning group, established subsequent to the adoption of the most
29	29	recent plan; provided, however, that if no groundwater conservation
30	30	district exists within the area of the regional water planning
31	31	group, the regional water planning group shall determine the supply
32	32	of groundwater for regional planning purposes; the Texas Water
33	33	Development Board shall review and approve, prior to inclusion in
34	34	the regional water plan, that the groundwater supply for the
35	35	regional planning group without a groundwater conservation
36	36	district in its area is physically compatible, using the board's
37	37	groundwater availability models, with the desired future
38	38	conditions adopted under Section 36.108 for the relevant aquifers
39	39	in the groundwater management area that are regulated by
40	40	groundwater conservation districts;
41	41	(3) identifies:
42	42	(A) each source of water supply in the regional
43	43	water planning area, including information supplied by the
44	44	executive administrator on the amount of modeled available
45	45	groundwater in accordance with the guidelines provided by the
46	46	development board under Subsections (d) and (f);
47	47	(B) factors specific to each source of water
48	48	supply to be considered in determining whether to initiate a
49	49	drought response;
50	50	(C) actions to be taken as part of the response;
51	51	and
52	52	(D) existing major water infrastructure
53	53	facilities that may be used for interconnections in the event of an
54	54	emergency shortage of water;
55	55	(4) has specific provisions for water management
56	56	strategies to be used during a drought of record;
57	57	(5) includes but is not limited to consideration of
58	58	the following:
59	59	(A) any existing water or drought planning
60	60	efforts addressing all or a portion of the region and potential
61	61	impacts on public health, safety, or welfare in this state;
62	62	(B) approved groundwater conservation district
63	63	management plans and other plans submitted under Section 16.054;
64	64	(C) all potentially feasible water management
65	65	strategies, including but not limited to improved conservation,
66	66	reuse, and management of existing water supplies, conjunctive use,
67	67	acquisition of available existing water supplies, and development
68	68	of new water supplies;
69	69	(D) protection of existing water rights in the
70	70	region;
71	71	(E) opportunities for and the benefits of
72	72	developing regional water supply facilities or providing regional
73	73	management of water supply facilities;
74	74	(F) appropriate provision for environmental
75	75	water needs and for the effect of upstream development on the bays,
76	76	estuaries, and arms of the Gulf of Mexico and the effect of plans on
77	77	navigation;
78	78	(G) provisions in Section 11.085(k)(1) if
79	79	interbasin transfers are contemplated;
80	80	(H) voluntary transfer of water within the region
81	81	using, but not limited to, regional water banks, sales, leases,
82	82	options, subordination agreements, and financing agreements;
83	83	(I) emergency transfer of water under Section
84	84	11.139, including information on the part of each permit, certified
85	85	filing, or certificate of adjudication for nonmunicipal use in the
86	86	region that may be transferred without causing unreasonable damage
87	87	to the property of the nonmunicipal water rights holder; and
88	88	(J) opportunities for and the benefits of
89	89	developing large-scale desalination facilities for:
90	90	(i) marine seawater that serve local or
91	91	regional entities; and
92	92	(ii) [(J) opportunities for and the
93	93	benefits of developing large-scale desalination facilities for]
94	94	seawater or brackish groundwater that serve local or regional
95	95	brackish groundwater production zones identified and designated
96	96	under Section 16.060(b)(5);
97	97	(6) identifies river and stream segments of unique
98	98	ecological value and sites of unique value for the construction of
99	99	reservoirs that the regional water planning group recommends for
100	100	protection under Section 16.051;
101	101	(7) assesses the impact of the plan on unique river and
102	102	stream segments identified in Subdivision (6) if the regional water
103	103	planning group or the legislature determines that a site of unique
104	104	ecological value exists;
105	105	(8) describes the impact of proposed water projects on
106	106	water quality; and
107	107	(9) includes information on:
108	108	(A) projected water use and conservation in the
109	109	regional water planning area; and
110	110	(B) the implementation of state and regional
111	111	water plan projects, including water conservation strategies,
112	112	necessary to meet the state's projected water demands.
113	113	SECTION 2. Section 36.108(a), Water Code, is amended by
114	114	adding Subdivision (3) to read as follows:
115	115	(3) "Management area planning group" means the group
116	116	described by Subsection (b-1).
117	117	SECTION 3. Section 36.108, Water Code, is amended by adding
118	118	Subsections (b-1), (b-2), and (f) and amending Subsections (c),
119	119	(d), (d-1), (d-2), (d-3), and (d-4) to read as follows:
120	120	(b-1) The management area planning group consists of:
121	121	(1) the district representatives as voting members;
122	122	and
123	123	(2) the members added to the group under Subsection
124	124	(b-2).
125	125	(b-2) The district representatives may add a voting or
126	126	nonvoting member to the management area planning group by a written
127	127	resolution adopted by a two-thirds vote of the district
128	128	representatives. The resolution must describe the scope of voting
129	129	authority for each member added to the management area planning
130	130	group.
131	131	(c) The management area planning group [district
132	132	representatives] shall meet at least annually to conduct joint
133	133	planning [with the other districts in the management area] and to
134	134	review the management plans, the accomplishments of the management
135	135	area, and proposals to adopt new or amend existing desired future
136	136	conditions. In reviewing the management plans, the management area
137	137	planning group [districts] shall consider:
138	138	(1) the goals of each management plan and its impact on
139	139	planning throughout the management area;
140	140	(2) the effectiveness of the measures established by
141	141	each district's management plan for conserving and protecting
142	142	groundwater and preventing waste, and the effectiveness of these
143	143	measures in the management area generally;
144	144	(3) any other matters that the boards consider
145	145	relevant to the protection and conservation of groundwater and the
146	146	prevention of waste in the management area; and
147	147	(4) the degree to which each management plan achieves
148	148	the desired future conditions established during the joint planning
149	149	process.
150	150	(d) Not later than May 1, 2021 [September 1, 2010], and
151	151	every five years thereafter, the management area planning group
152	152	[districts] shall consider groundwater availability models and
153	153	other data or information for the management area and shall propose
154	154	for adoption desired future conditions for the relevant aquifers
155	155	within the management area. Before voting on the proposed desired
156	156	future conditions of the aquifers under Subsection (d-2), the
157	157	management area planning group [districts] shall consider:
158	158	(1) aquifer uses or conditions within the management
159	159	area, including conditions that differ substantially from one
160	160	geographic area to another;
161	161	(2) the water supply needs and water management
162	162	strategies included in the state water plan;
163	163	(3) hydrological conditions, including for each
164	164	aquifer in the management area the total estimated recoverable
165	165	storage as provided by the executive administrator, and the average
166	166	annual recharge, inflows, and discharge;
167	167	(4) other environmental impacts, including impacts on
168	168	spring flow and other interactions between groundwater and surface
169	169	water;
170	170	(5) the impact on subsidence;
171	171	(6) socioeconomic impacts reasonably expected to
172	172	occur;
173	173	(7) the impact on the interests and rights in private
174	174	property, including ownership and the rights of management area
175	175	landowners and their lessees and assigns in groundwater as
176	176	recognized under Section 36.002;
177	177	(8) the feasibility of achieving the desired future
178	178	condition; and
179	179	(9) any other information relevant to the specific
180	180	desired future conditions.
181	181	(d-1) After considering and documenting the factors
182	182	described by Subsection (d) and other relevant scientific and
183	183	hydrogeological data, the management area planning group
184	184	[districts] may establish different desired future conditions for:
185	185	(1) each aquifer, subdivision of an aquifer, or
186	186	geologic strata located in whole or in part within the boundaries of
187	187	the management area; or
188	188	(2) each geographic area overlying an aquifer in whole
189	189	or in part or subdivision of an aquifer within the boundaries of the
190	190	management area.
191	191	(d-2) The desired future conditions proposed under
192	192	Subsection (d) must provide a balance between the highest
193	193	practicable level of groundwater production and the conservation,
194	194	preservation, protection, recharging, and prevention of waste of
195	195	groundwater and control of subsidence in the management area. This
196	196	subsection does not prohibit the establishment of desired future
197	197	conditions that provide for the reasonable long-term management of
198	198	groundwater resources consistent with the management goals under
199	199	Section 36.1071(a). The desired future conditions proposed under
200	200	Subsection (d) must be approved by a two-thirds vote of [all] the
201	201	voting members of the management area planning group [district
202	202	representatives] for distribution to the districts in the
203	203	management area. A period of not less than 90 days for public
204	204	comments begins on the day the proposed desired future conditions
205	205	are mailed to the districts. During the public comment period and
206	206	after posting notice as required by Section 36.063, each district
207	207	shall hold a public hearing on any proposed desired future
208	208	conditions relevant to that district. During the public comment
209	209	period, the district shall make available in its office a copy of
210	210	the proposed desired future conditions and any supporting
211	211	materials, such as the documentation of factors considered under
212	212	Subsection (d) and groundwater availability model run results.
213	213	After the close of the public comment period [hearing], the
214	214	district shall compile for consideration at the next joint planning
215	215	meeting a summary of relevant comments received, any suggested
216	216	revisions to the proposed desired future conditions, and the basis
217	217	for the revisions.
218	218	(d-3) After [the earlier of the date on which] all the
219	219	districts have submitted their district summaries [or the
220	220	expiration of the public comment period under Subsection (d-2)],
221	221	the management area planning group [district representatives]
222	222	shall reconvene to review the reports, consider any district's
223	223	suggested revisions to the proposed desired future conditions, and
224	224	finally adopt the desired future conditions for the management
225	225	area. The desired future conditions must be approved by [adopted
226	226	as] a resolution adopted by a two-thirds vote of [all] the voting
227	227	members of the management area planning group not later than
228	228	January 5, 2022. Subsequent desired future conditions must be
229	229	proposed and finally adopted by the management area planning group
230	230	before the end of each successive five-year period after that date
231	231	[district representatives]. The management area planning group
232	232	[district representatives] shall produce a desired future
233	233	conditions explanatory report for the management area and submit to
234	234	the development board and each district in the management area
235	235	proof that notice was posted for the joint planning meeting, a copy
236	236	of the resolution, and a copy of the explanatory report. The report
237	237	must:
238	238	(1) identify each desired future condition;
239	239	(2) provide the policy and technical justifications
240	240	for each desired future condition;
241	241	(3) include documentation that the factors under
242	242	Subsection (d) were considered by the management area planning
243	243	group [districts] and a discussion of how the adopted desired
244	244	future conditions impact each factor;
245	245	(4) list other desired future condition options
246	246	considered, if any, and the reasons why those options were not
247	247	adopted; and
248	248	(5) discuss reasons why recommendations made by
249	249	advisory committees and relevant public comments received by the
250	250	districts were or were not incorporated into the desired future
251	251	conditions.
252	252	(d-4) After [As soon as possible after] a district receives
253	253	notification from the Texas Water Development Board that the
254	254	desired future conditions resolution and explanatory report under
255	255	Subsection (d-3) are administratively complete, the district shall
256	256	adopt the applicable desired future conditions in the resolution
257	257	and report [that apply to the district].
258	258	(f) At least once during every five-year period for the
259	259	development and adoption of desired future conditions and not less
260	260	than three years or more than four years before the deadline for
261	261	adoption of the desired future conditions, the management area
262	262	planning group shall hold a public meeting for the purpose of
263	263	receiving recommendations for desired future conditions from the
264	264	joint planning advisory committee created under Section 36.1081.
265	265	The management area planning group shall coordinate with the joint
266	266	planning advisory committee to schedule the meeting.
267	267	SECTION 4. Section 36.1081, Water Code, is amended to read
268	268	as follows:
269	269	Sec. 36.1081. TECHNICAL STAFF AND [SUBCOMMITTEES FOR] JOINT
270	270	PLANNING ADVISORY COMMITTEE. (a) On request, the commission and
271	271	the Texas Water Development Board shall make technical staff
272	272	available to serve in a nonvoting advisory capacity to assist the
273	273	management area planning group and the joint planning advisory
274	274	committee with the development of desired future conditions during
275	275	the joint planning process under Section 36.108.
276	276	(b) In this section:
277	277	(1) "Management area planning group" has the meaning
278	278	assigned by Section 36.108.
279	279	(2) "Regional water planning group" means a group
280	280	created under Section 16.053.
281	281	(c) During the joint planning process under Section 36.108,
282	282	the management area planning group and the presiding officer of
283	283	each regional water planning group located wholly or partly in the
284	284	management area shall [district representatives may] appoint a
285	285	joint planning [and convene nonvoting] advisory committee of
286	286	persons to represent the interests described by Section 16.053(c)
287	287	[subcommittees who represent social, governmental, environmental,
288	288	or economic interests to assist in the development of desired
289	289	future conditions].
290	290	(d) The presiding officer of each regional water planning
291	291	group located wholly or partly in the management area shall provide
292	292	written notification to the management area planning group of:
293	293	(1) whether the officer or the officer's designee will
294	294	serve on the joint planning advisory committee; and
295	295	(2) which interest described by Section 16.053(c) the
296	296	officer or the officer's designee represents.
297	297	(e) After the management area planning group receives a
298	298	notification under Subsection (d) from each regional water planning
299	299	group that is located wholly or partly in the management area, the
300	300	management area planning group shall appoint additional members of
301	301	the joint planning advisory committee:
302	302	(1) in a manner that ensures the greatest
303	303	representation of the interests described by Section 16.053(c); and
304	304	(2) to the extent that the management area planning
305	305	group is able to identify qualified people willing to serve on the
306	306	committee.
307	307	(f) The management area planning group shall provide notice
308	308	in the manner described by Section 36.108(e) that describes:
309	309	(1) the purpose of the joint planning advisory
310	310	committee; and
311	311	(2) the process by which a person may submit
312	312	nominations to the committee.
313	313	(g) On request by the management area planning group, the
314	314	Texas Water Development Board shall provide assistance in
315	315	soliciting additional members of the joint planning advisory
316	316	committee.
317	317	(h) Members of the joint planning advisory committee are not
318	318	required to reside in the management area or a regional water
319	319	planning area that is located wholly or partly in the management
320	320	area.
321	321	(i) The joint planning advisory committee may adopt written
322	322	bylaws to govern the committee's performance of its duties.
323	323	(j) A vacancy on the joint planning advisory committee shall
324	324	be filled by the regional water planning group presiding officer or
325	325	designee of the management area planning group that appointed the
326	326	person whose position is vacant.
327	327	(k) The joint planning advisory committee is not subject to
328	328	the provisions of Chapters 551 and 552, Government Code.
329	329	SECTION 5. Section 36.108(d-5), Water Code, is repealed.
330	330	SECTION 6. To the extent of any conflict, this Act prevails
331	331	over another Act of the 85th Legislature, Regular Session, 2017,
332	332	relating to nonsubstantive additions to and corrections in enacted
333	333	codes.
334	334	SECTION 7. (a) Not later than the 120th day after the
335	335	effective date of this Act, each regional water planning group
336	336	described by Section 16.053, Water Code, as reenacted and amended
337	337	by this Act, shall appoint a joint planning advisory committee as
338	338	provided by Section 36.1081, Water Code, as amended by this Act.
339	339	(b) Not later than the 180th day after the date that the
340	340	final appointment is made under Subsection (a) of this section for a
341	341	joint planning advisory committee, the management area planning
342	342	group described by Section 36.108, Water Code, as amended by this
343	343	Act, for that joint planning advisory committee shall appoint
344	344	additional members to the joint planning advisory committee as
345	345	provided by Section 36.1081, Water Code, as amended by this Act.
346	346	(c) Not earlier than July 1, 2019, and not later than
347	347	November 1, 2019, a joint planning advisory committee described by
348	348	Section 36.1081, Water Code, as amended by this Act, shall make its
349	349	recommendations to the management area planning group that
350	350	appointed the members of that joint planning advisory committee.
351	351	(d) This section expires December 31, 2019.
352	352	SECTION 8. This Act takes effect immediately if it receives
353	353	a vote of two-thirds of all the members elected to each house, as
354	354	provided by Section 39, Article III, Texas Constitution. If this
355	355	Act does not receive the vote necessary for immediate effect, this
356	356	Act takes effect September 1, 2017.