Texas 2017 - 85th Regular

Texas Senate Bill SB1511 Compare Versions

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Old	New		Differences
1		-	S.B. No. 1511
	1	+	85R31991 SLB-F
	2	+	By: Perry S.B. No. 1511
	3	+	(Price)
	4	+	Substitute the following for S.B. No. 1511: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the state and regional water planning process and the
6	10		funding of projects included in the state water plan.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 15.439(a), Water Code, is amended to
9	13		read as follows:
10	14		(a) The board shall adopt rules providing for the use of
11	15		money in the fund that are consistent with this subchapter,
12	16		including rules:
13	17		(1) establishing standards for determining whether
14	18		projects meet the criteria provided by Section 15.434(b); and
15	19		(2) specifying the manner for prioritizing projects
16	20		for purposes of Sections 15.436 and [Section] 15.437.
17	21		SECTION 2. Section 16.051(a-1), Water Code, is amended to
18	22		read as follows:
19	23		(a-1) The state water plan must include:
20	24		(1) an evaluation of the state's progress in meeting
21	25		future water needs, including an evaluation of the extent to which
22	26		water management strategies and projects implemented after the
23	27		adoption of the preceding state water plan have affected that
24	28		progress; [and]
25	29		(2) an analysis of the number of projects included in
26	30		the preceding state water plan that received financial assistance
27	31		from the board; and
28	32		(3) with respect to projects included in the preceding
29	33		state water plan that were given a high priority by the board for
30	34		purposes of providing financial assistance under Subchapter G,
31	35		Chapter 15:
32	36		(A) an assessment of the extent to which the
33	37		projects were implemented in the decade in which they were needed;
34	38		and
35	39		(B) an analysis of any impediments to the
36	40		implementation of any projects that were not implemented in the
37	41		decade in which they were needed.
38		-	SECTION 3. Section 16.053(c), Water Code, is amended to
	42	+	SECTION 3. Subchapter C, Chapter 16, Water Code, is amended
	43	+	by adding Section 16.052 to read as follows:
	44	+	Sec. 16.052. INTERREGIONAL PLANNING COUNCIL. (a) The
	45	+	board, at an appropriate time in each five-year cycle for the
	46	+	adoption of a new state water plan, shall appoint an interregional
	47	+	planning council. The members of the council serve until a new
	48	+	state water plan is adopted.
	49	+	(b) The council consists of one member of each regional
	50	+	water planning group. Each regional water planning group shall
	51	+	nominate one or more members for appointment to the council, and the
	52	+	board shall consider the nominations in making appointments to the
	53	+	council.
	54	+	(c) The purposes of the council are to:
	55	+	(1) improve coordination among the regional water
	56	+	planning groups, and between each regional water planning group and
	57	+	the board, in meeting the goals of the state water planning process
	58	+	and the water needs of the state as a whole;
	59	+	(2) facilitate dialogue regarding water management
	60	+	strategies that could affect multiple regional water planning
	61	+	areas; and
	62	+	(3) share best practices regarding operation of the
	63	+	regional water planning process.
	64	+	(d) The council shall:
	65	+	(1) hold at least one public meeting; and
	66	+	(2) prepare a report to the board on the council's
	67	+	work.
	68	+	SECTION 4. Section 16.053(c), Water Code, is amended to
39	69		read as follows:
40	70		(c) No later than 60 days after the designation of the
41	71		regions under Subsection (b), the board shall designate
42	72		representatives within each regional water planning area to serve
43	73		as the initial coordinating body for planning. The initial
44	74		coordinating body may then designate additional representatives to
45	75		serve on the regional water planning group. The initial
46	76		coordinating body shall designate additional representatives if
47	77		necessary to ensure adequate representation from the interests
48	78		comprising that region, including the public, counties,
49	79		municipalities, industries, agricultural interests, environmental
50	80		interests, small businesses, electric generating utilities, river
51	81		authorities, water districts, and water utilities. The regional
52	82		water planning group shall maintain adequate representation from
53	83		those interests. In addition, the groundwater conservation
54	84		districts located in each management area, as defined by Section
55	85		36.001, located in the regional water planning area shall appoint
56	86		one representative of a groundwater conservation district located
57	87		in the management area and in the regional water planning area to
58	88		serve on the regional water planning group. In addition,
59	89		representatives of the board, the Parks and Wildlife Department,
60	90		[and] the Department of Agriculture, and the State Soil and Water
61	91		Conservation Board shall serve as ex officio members of each
62	92		regional water planning group.
63		-	SECTION 4. Sections 16.053(h)(1), (3), (6), and (10), Water
	93	+	SECTION 5. Section 16.053(e), Water Code, as amended by
	94	+	Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
	95	+	of the 84th Legislature, Regular Session, 2015, is reenacted and
	96	+	amended to read as follows:
	97	+	(e) Each regional water planning group shall submit to the
	98	+	development board a regional water plan that:
	99	+	(1) is consistent with the guidance principles for the
	100	+	state water plan adopted by the development board under Section
	101	+	16.051(d);
	102	+	(2) provides information based on data provided or
	103	+	approved by the development board in a format consistent with the
	104	+	guidelines provided by the development board under Subsection (d);
	105	+	(2-a) is consistent with the desired future conditions
	106	+	adopted under Section 36.108 for the relevant aquifers located in
	107	+	the regional water planning area as of the date the board most
	108	+	recently adopted a state water plan under Section 16.051 or, at the
	109	+	option of the regional water planning group, established subsequent
	110	+	to the adoption of the most recent plan; provided, however, that if
	111	+	no groundwater conservation district exists within the area of the
	112	+	regional water planning group, the regional water planning group
	113	+	shall determine the supply of groundwater for regional planning
	114	+	purposes; the Texas Water Development Board shall review and
	115	+	approve, prior to inclusion in the regional water plan, that the
	116	+	groundwater supply for the regional planning group without a
	117	+	groundwater conservation district in its area is physically
	118	+	compatible, using the board's groundwater availability models,
	119	+	with the desired future conditions adopted under Section 36.108 for
	120	+	the relevant aquifers in the groundwater management area that are
	121	+	regulated by groundwater conservation districts;
	122	+	(3) identifies:
	123	+	(A) each source of water supply in the regional
	124	+	water planning area, including information supplied by the
	125	+	executive administrator on the amount of modeled available
	126	+	groundwater in accordance with the guidelines provided by the
	127	+	development board under Subsections (d) and (f);
	128	+	(B) factors specific to each source of water
	129	+	supply to be considered in determining whether to initiate a
	130	+	drought response;
	131	+	(C) actions to be taken as part of the response;
	132	+	[and]
	133	+	(D) existing major water infrastructure
	134	+	facilities that may be used for interconnections in the event of an
	135	+	emergency shortage of water; and
	136	+	(E) unnecessary or counterproductive variations
	137	+	in specific drought response strategies, including outdoor
	138	+	watering restrictions, among user groups in the regional water
	139	+	planning area that may confuse the public or otherwise impede
	140	+	drought response efforts;
	141	+	(4) has specific provisions for water management
	142	+	strategies to be used during a drought of record;
	143	+	(5) includes but is not limited to consideration of
	144	+	the following:
	145	+	(A) any existing water or drought planning
	146	+	efforts addressing all or a portion of the region and potential
	147	+	impacts on public health, safety, or welfare in this state;
	148	+	(B) approved groundwater conservation district
	149	+	management plans and other plans submitted under Section 16.054;
	150	+	(C) all potentially feasible water management
	151	+	strategies, including but not limited to improved conservation,
	152	+	reuse, and management of existing water supplies, conjunctive use,
	153	+	acquisition of available existing water supplies, and development
	154	+	of new water supplies;
	155	+	(D) protection of existing water rights in the
	156	+	region;
	157	+	(E) opportunities for and the benefits of
	158	+	developing regional water supply facilities or providing regional
	159	+	management of water supply facilities;
	160	+	(F) appropriate provision for environmental
	161	+	water needs and for the effect of upstream development on the bays,
	162	+	estuaries, and arms of the Gulf of Mexico and the effect of plans on
	163	+	navigation;
	164	+	(G) provisions in Section 11.085(k)(1) if
	165	+	interbasin transfers are contemplated;
	166	+	(H) voluntary transfer of water within the region
	167	+	using, but not limited to, regional water banks, sales, leases,
	168	+	options, subordination agreements, and financing agreements;
	169	+	(I) emergency transfer of water under Section
	170	+	11.139, including information on the part of each permit, certified
	171	+	filing, or certificate of adjudication for nonmunicipal use in the
	172	+	region that may be transferred without causing unreasonable damage
	173	+	to the property of the nonmunicipal water rights holder; and
	174	+	(J) opportunities for and the benefits of
	175	+	developing large-scale desalination facilities for:
	176	+	(i) marine seawater that serve local or
	177	+	regional entities; and
	178	+	(ii) [(J) opportunities for and the
	179	+	benefits of developing large-scale desalination facilities for
	180	+	seawater or] brackish groundwater that serve local or regional
	181	+	brackish groundwater production zones identified and designated
	182	+	under Section 16.060(b)(5);
	183	+	(6) identifies river and stream segments of unique
	184	+	ecological value and sites of unique value for the construction of
	185	+	reservoirs that the regional water planning group recommends for
	186	+	protection under Section 16.051;
	187	+	(7) assesses the impact of the plan on unique river and
	188	+	stream segments identified in Subdivision (6) if the regional water
	189	+	planning group or the legislature determines that a site of unique
	190	+	ecological value exists;
	191	+	(8) describes the impact of proposed water projects on
	192	+	water quality; [and]
	193	+	(9) includes information on:
	194	+	(A) projected water use and conservation in the
	195	+	regional water planning area; and
	196	+	(B) the implementation of state and regional
	197	+	water plan projects, including water conservation strategies,
	198	+	necessary to meet the state's projected water demands;
	199	+	(10) if the regional water planning area has
	200	+	significant identified water needs, provides a specific assessment
	201	+	of the potential for aquifer storage and recovery projects to meet
	202	+	those needs;
	203	+	(11) sets one or more specific goals for gallons of
	204	+	water use per capita per day in each decade of the period covered by
	205	+	the plan for the municipal water user groups in the regional water
	206	+	planning area; and
	207	+	(12) assesses the progress of the regional water
	208	+	planning area in encouraging cooperation between water user groups
	209	+	for the purpose of achieving economies of scale and otherwise
	210	+	incentivizing strategies that benefit the entire region.
	211	+	SECTION 6. Sections 16.053(h)(1), (3), (6), and (10), Water
64	212		Code, are amended to read as follows:
65	213		(1) Prior to the preparation of the regional water
66	214		plan, the regional water planning group shall, after notice, hold
67	215		at least one public meeting at some central location readily
68	216		accessible to the public within the regional water planning area to
69	217		gather suggestions and recommendations from the public as to issues
70	218		that should be addressed in the plan or provisions that should be
71	219		considered for inclusion in the plan.
72	220		(3) After the regional water plan is initially
73	221		prepared, the regional water planning group shall, after notice,
74	222		hold at least one public hearing at some central location readily
75	223		accessible to the public within the regional water planning area.
76	224		The group shall make copies of the plan available for public
77	225		inspection at least one month before the hearing by providing a copy
78	226		of the plan in the county courthouse and at least one public library
79	227		of each county having land in the region. Notice for the hearing
80	228		shall include a listing of these and any other location where the
81	229		plan is available for review.
82	230		(6) If an interregional conflict exists, the board
83	231		shall facilitate coordination between the involved regions to
84	232		resolve the conflict. If conflict remains, the board shall resolve
85	233		the conflict. On resolution of the conflict, the involved regional
86	234		water planning groups shall prepare revisions to their respective
87	235		plans and hold, after notice, at least one public hearing at some
88	236		central location readily accessible to the public within their
89	237		respective regional water planning areas. The regional water
90	238		planning groups shall consider all public and board comments;
91	239		prepare, revise, and adopt their respective plans; and submit their
92	240		plans to the board for approval and inclusion in the state water
93	241		plan.
94	242		(10) The regional water planning group may amend the
95	243		regional water plan after the plan has been approved by the board.
96	244		If, after the regional water plan has been approved by the board,
97	245		the plan includes a water management strategy or project that
98	246		ceases to be feasible, the regional water planning group shall
99	247		amend the plan to exclude that water management strategy or project
100	248		and shall consider amending the plan to include a feasible water
101	249		management strategy or project in order to meet the need that was to
102	250		be addressed by the infeasible water management strategy or
103	251		project. For purposes of this subdivision, a water management
104	252		strategy or project is considered infeasible if the proposed
105	253		sponsor of the water management strategy or project has not taken an
106	254		affirmative vote or other action to make expenditures necessary to
107	255		construct or file applications for permits required in connection
108	256		with the implementation of the water management strategy or project
109	257		under federal or state law on a schedule that is consistent with the
110	258		completion of the implementation of the water management strategy
111	259		or project by the time the water management strategy or project is
112	260		projected by the regional water plan or the state water plan to be
113	261		needed. Subdivisions (1)-(9) apply to an amendment to the plan in
114	262		the same manner as those subdivisions apply to the plan.
115		-	SECTION 5. Sections 16.053(i), (p-1), and (p-2), Water
	263	+	SECTION 7. Sections 16.053(i), (p-1), and (p-2), Water
116	264		Code, are amended to read as follows:
117	265		(i) The regional water planning groups shall submit their
118	266		adopted regional water plans to the board by January 5, 2001, for
119	267		approval and inclusion in the state water plan. In conjunction with
120	268		the submission of regional water plans, each planning group should
121	269		make legislative recommendations, if any, to facilitate more
122		-	voluntary water transfers in the region. Subsequent regional water
123		-	plans shall be submitted at least every five years thereafter,
124		-	except that a regional water planning group may elect to implement
125		-	simplified planning, no more often than every other five-year
126		-	planning cycle, and in accordance with guidance to be provided by
127		-	the board, if the group determines that, based on its own initial
128		-	analyses using updated groundwater and surface water availability
129		-	information, there are no significant changes to the water
130		-	availability, water supplies, or water demands in the regional
131		-	water planning area. At a minimum, simplified planning will
132		-	require updating groundwater and surface water availability values
133		-	in the regional water plan, meeting any other new statutory or other
134		-	planning requirements that come into effect during each five-year
135		-	planning cycle, and formally adopting and submitting the regional
136		-	water plan for approval. Public participation for revised regional
137		-	plans shall follow the procedures under Subsection (h).
	270	+	voluntary water transfers in the region or for any other changes
	271	+	that the members of the planning group believe would improve the
	272	+	water planning process. Subsequent regional water plans shall be
	273	+	submitted at least every five years thereafter, except that a
	274	+	regional water planning group may elect to implement simplified
	275	+	planning, not more often than every other five-year planning cycle
	276	+	and in accordance with guidance provided by the board, if the group,
	277	+	based on an analysis by the group using updated information
	278	+	relating to groundwater and surface water availability, determines
	279	+	that no significant changes to water availability, water supplies,
	280	+	or water demands in the regional water planning area have occurred
	281	+	since the most recent regional water plan was adopted. At a
	282	+	minimum, simplified planning requires updating information in the
	283	+	regional water plan relating to groundwater and surface water
	284	+	availability, meeting any new statutory or other planning
	285	+	requirements that come into effect during each five-year planning
	286	+	cycle, and formally adopting and submitting the regional water plan
	287	+	for approval. Public participation for revised regional plans
	288	+	shall follow the procedures under Subsection (h).
138	289		(p-1) If the development board determines that resolution
139	290		of the conflict requires a revision of an approved regional water
140	291		plan, the development board shall suspend the approval of that plan
141	292		and provide information to the regional water planning group. The
142	293		regional water planning group shall prepare any revisions to its
143	294		plan specified by the development board and shall hold, after
144	295		notice, at least one public hearing at some central location
145	296		readily accessible to the public within the regional water planning
146	297		area. The regional water planning group shall consider all public
147	298		and development board comments, prepare, revise, and adopt its
148	299		plan, and submit the revised plan to the development board for
149	300		approval and inclusion in the state water plan.
150	301		(p-2) If the development board determines that resolution
151	302		of the conflict requires a revision of the district's approved
152	303		groundwater conservation district management plan, the development
153	304		board shall provide information to the district. The groundwater
154	305		district shall prepare any revisions to its plan based on the
155	306		information provided by the development board and shall hold, after
156	307		notice, at least one public hearing at some central location
157	308		readily accessible to the public within the district. The
158	309		groundwater district shall consider all public and development
159	310		board comments, prepare, revise, and adopt its plan, and submit the
160	311		revised plan to the development board.
161		-	SECTION 6. This Act takes effect September 1, 2017.
162		-	______________________________ ______________________________
163		-	President of the Senate Speaker of the House
164		-	I hereby certify that S.B. No. 1511 passed the Senate on
165		-	April 19, 2017, by the following vote: Yeas 31, Nays 0;
166		-	May 25, 2017, Senate refused to concur in House amendments and
167		-	requested appointment of Conference Committee; May 26, 2017, House
168		-	granted request of the Senate; May 28, 2017, Senate adopted
169		-	Conference Committee Report by the following vote: Yeas 31,
170		-	Nays 0.
171		-	______________________________
172		-	Secretary of the Senate
173		-	I hereby certify that S.B. No. 1511 passed the House, with
174		-	amendments, on May 24, 2017, by the following vote: Yeas 144,
175		-	Nays 3, one present not voting; May 26, 2017, House granted request
176		-	of the Senate for appointment of Conference Committee;
177		-	May 28, 2017, House adopted Conference Committee Report by the
178		-	following vote: Yeas 146, Nays 0, two present not voting.
179		-	______________________________
180		-	Chief Clerk of the House
181		-	Approved:
182		-	______________________________
183		-	Date
184		-	______________________________
185		-	Governor
	312	+	SECTION 8. To the extent of any conflict, this Act prevails
	313	+	over another Act of the 85th Legislature, Regular Session, 2017,
	314	+	relating to nonsubstantive additions to and corrections in enacted
	315	+	codes.
	316	+	SECTION 9. The Texas Water Development Board shall appoint
	317	+	the members of the initial interregional planning council under
	318	+	Section 16.052, Water Code, as added by this Act, not later than
	319	+	September 1, 2018.
	320	+	SECTION 10. This Act takes effect September 1, 2017.