Texas 2017 - 85th Regular

Texas Senate Bill SB1528 Compare Versions

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

Old	New	Differences
1	1	85R10407 SLB-F
2	2	By: Creighton S.B. No. 1528
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the joint planning process for groundwater management.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 16.053(e), Water Code, as amended by
10	10	Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), Acts
11	11	of the 84th Legislature, Regular Session, 2015, is reenacted and
12	12	amended to read as follows:
13	13	(e) Each regional water planning group shall submit to the
14	14	development board a regional water plan that:
15	15	(1) is consistent with the guidance principles for the
16	16	state water plan adopted by the development board under Section
17	17	16.051(d);
18	18	(2) provides information based on data provided or
19	19	approved by the development board in a format consistent with the
20	20	guidelines provided by the development board under Subsection (d);
21	21	(2-a) is consistent with the desired future conditions
22	22	adopted under Section 36.108 for the relevant aquifers located in
23	23	the regional water planning area as of the most recent deadline for
24	24	[date] the board to adopt the [most recently adopted a] state water
25	25	plan under Section 16.051 or, at the option of the regional water
26	26	planning group, established subsequent to the adoption of the most
27	27	recent plan; provided, however, that if no groundwater conservation
28	28	district exists within the area of the regional water planning
29	29	group, the regional water planning group shall determine the supply
30	30	of groundwater for regional planning purposes; the Texas Water
31	31	Development Board shall review and approve, prior to inclusion in
32	32	the regional water plan, that the groundwater supply for the
33	33	regional planning group without a groundwater conservation
34	34	district in its area is physically compatible, using the board's
35	35	groundwater availability models, with the desired future
36	36	conditions adopted under Section 36.108 for the relevant aquifers
37	37	in the groundwater management area that are regulated by
38	38	groundwater conservation districts;
39	39	(3) identifies:
40	40	(A) each source of water supply in the regional
41	41	water planning area, including information supplied by the
42	42	executive administrator on the amount of modeled available
43	43	groundwater in accordance with the guidelines provided by the
44	44	development board under Subsections (d) and (f);
45	45	(B) factors specific to each source of water
46	46	supply to be considered in determining whether to initiate a
47	47	drought response;
48	48	(C) actions to be taken as part of the response;
49	49	and
50	50	(D) existing major water infrastructure
51	51	facilities that may be used for interconnections in the event of an
52	52	emergency shortage of water;
53	53	(4) has specific provisions for water management
54	54	strategies to be used during a drought of record;
55	55	(5) includes but is not limited to consideration of
56	56	the following:
57	57	(A) any existing water or drought planning
58	58	efforts addressing all or a portion of the region and potential
59	59	impacts on public health, safety, or welfare in this state;
60	60	(B) approved groundwater conservation district
61	61	management plans and other plans submitted under Section 16.054;
62	62	(C) all potentially feasible water management
63	63	strategies, including but not limited to improved conservation,
64	64	reuse, and management of existing water supplies, conjunctive use,
65	65	acquisition of available existing water supplies, and development
66	66	of new water supplies;
67	67	(D) protection of existing water rights in the
68	68	region;
69	69	(E) opportunities for and the benefits of
70	70	developing regional water supply facilities or providing regional
71	71	management of water supply facilities;
72	72	(F) appropriate provision for environmental
73	73	water needs and for the effect of upstream development on the bays,
74	74	estuaries, and arms of the Gulf of Mexico and the effect of plans on
75	75	navigation;
76	76	(G) provisions in Section 11.085(k)(1) if
77	77	interbasin transfers are contemplated;
78	78	(H) voluntary transfer of water within the region
79	79	using, but not limited to, regional water banks, sales, leases,
80	80	options, subordination agreements, and financing agreements;
81	81	(I) emergency transfer of water under Section
82	82	11.139, including information on the part of each permit, certified
83	83	filing, or certificate of adjudication for nonmunicipal use in the
84	84	region that may be transferred without causing unreasonable damage
85	85	to the property of the nonmunicipal water rights holder; and
86	86	(J) opportunities for and the benefits of
87	87	developing large-scale desalination facilities for:
88	88	(i) marine seawater that serve local or
89	89	regional entities; and
90	90	(ii) [(J) opportunities for and the
91	91	benefits of developing large-scale desalination facilities for]
92	92	seawater or brackish groundwater that serve local or regional
93	93	brackish groundwater production zones identified and designated
94	94	under Section 16.060(b)(5);
95	95	(6) identifies river and stream segments of unique
96	96	ecological value and sites of unique value for the construction of
97	97	reservoirs that the regional water planning group recommends for
98	98	protection under Section 16.051;
99	99	(7) assesses the impact of the plan on unique river and
100	100	stream segments identified in Subdivision (6) if the regional water
101	101	planning group or the legislature determines that a site of unique
102	102	ecological value exists;
103	103	(8) describes the impact of proposed water projects on
104	104	water quality; and
105	105	(9) includes information on:
106	106	(A) projected water use and conservation in the
107	107	regional water planning area; and
108	108	(B) the implementation of state and regional
109	109	water plan projects, including water conservation strategies,
110	110	necessary to meet the state's projected water demands.
111	111	SECTION 2. Section 36.108(a), Water Code, is amended by
112	112	adding Subdivision (3) to read as follows:
113	113	(3) "Management area planning group" means the group
114	114	described by Subsection (b-1).
115	115	SECTION 3. Section 36.108, Water Code, is amended by adding
116	116	Subsections (b-1), (b-2), and (f) and amending Subsections (c),
117	117	(d), (d-1), (d-2), (d-3), and (d-4) to read as follows:
118	118	(b-1) The management area planning group consists of:
119	119	(1) the district representatives as voting members;
120	120	and
121	121	(2) the members added to the group under Subsection
122	122	(b-2).
123	123	(b-2) The district representatives may add a voting or
124	124	nonvoting member to the management area planning group by a written
125	125	resolution adopted by a two-thirds vote of the district
126	126	representatives. The resolution must describe the scope of voting
127	127	authority for each member added to the management area planning
128	128	group.
129	129	(c) The management area planning group [district
130	130	representatives] shall meet at least annually to conduct joint
131	131	planning [with the other districts in the management area] and to
132	132	review the management plans, the accomplishments of the management
133	133	area, and proposals to adopt new or amend existing desired future
134	134	conditions. In reviewing the management plans, the management area
135	135	planning group [districts] shall consider:
136	136	(1) the goals of each management plan and its impact on
137	137	planning throughout the management area;
138	138	(2) the effectiveness of the measures established by
139	139	each district's management plan for conserving and protecting
140	140	groundwater and preventing waste, and the effectiveness of these
141	141	measures in the management area generally;
142	142	(3) any other matters that the boards consider
143	143	relevant to the protection and conservation of groundwater and the
144	144	prevention of waste in the management area; and
145	145	(4) the degree to which each management plan achieves
146	146	the desired future conditions established during the joint planning
147	147	process.
148	148	(d) Not later than May 1, 2021 [September 1, 2010], and
149	149	every five years thereafter, the management area planning group
150	150	[districts] shall consider groundwater availability models and
151	151	other data or information for the management area and shall propose
152	152	for adoption desired future conditions for the relevant aquifers
153	153	within the management area. Before voting on the proposed desired
154	154	future conditions of the aquifers under Subsection (d-2), the
155	155	management area planning group [districts] shall consider:
156	156	(1) aquifer uses or conditions within the management
157	157	area, including conditions that differ substantially from one
158	158	geographic area to another;
159	159	(2) the water supply needs and water management
160	160	strategies included in the state water plan;
161	161	(3) hydrological conditions, including for each
162	162	aquifer in the management area the total estimated recoverable
163	163	storage as provided by the executive administrator, and the average
164	164	annual recharge, inflows, and discharge;
165	165	(4) other environmental impacts, including impacts on
166	166	spring flow and other interactions between groundwater and surface
167	167	water;
168	168	(5) the impact on subsidence;
169	169	(6) socioeconomic impacts reasonably expected to
170	170	occur;
171	171	(7) the impact on the interests and rights in private
172	172	property, including ownership and the rights of management area
173	173	landowners and their lessees and assigns in groundwater as
174	174	recognized under Section 36.002;
175	175	(8) the feasibility of achieving the desired future
176	176	condition; and
177	177	(9) any other information relevant to the specific
178	178	desired future conditions.
179	179	(d-1) After considering and documenting the factors
180	180	described by Subsection (d) and other relevant scientific and
181	181	hydrogeological data, the management area planning group
182	182	[districts] may establish different desired future conditions for:
183	183	(1) each aquifer, subdivision of an aquifer, or
184	184	geologic strata located in whole or in part within the boundaries of
185	185	the management area; or
186	186	(2) each geographic area overlying an aquifer in whole
187	187	or in part or subdivision of an aquifer within the boundaries of the
188	188	management area.
189	189	(d-2) The desired future conditions proposed under
190	190	Subsection (d) must provide a balance between the highest
191	191	practicable level of groundwater production and the conservation,
192	192	preservation, protection, recharging, and prevention of waste of
193	193	groundwater and control of subsidence in the management area. This
194	194	subsection does not prohibit the establishment of desired future
195	195	conditions that provide for the reasonable long-term management of
196	196	groundwater resources consistent with the management goals under
197	197	Section 36.1071(a). The desired future conditions proposed under
198	198	Subsection (d) must be approved by a two-thirds vote of [all] the
199	199	voting members of the management area planning group [district
200	200	representatives] for distribution to the districts in the
201	201	management area. A period of not less than 90 days for public
202	202	comments begins on the day the proposed desired future conditions
203	203	are mailed to the districts. During the public comment period and
204	204	after posting notice as required by Section 36.063, each district
205	205	shall hold a public hearing on any proposed desired future
206	206	conditions relevant to that district. During the public comment
207	207	period, the district shall make available in its office a copy of
208	208	the proposed desired future conditions and any supporting
209	209	materials, such as the documentation of factors considered under
210	210	Subsection (d) and groundwater availability model run results.
211	211	After the close of the public comment period [hearing], the
212	212	district shall compile for consideration at the next joint planning
213	213	meeting a summary of relevant comments received, any suggested
214	214	revisions to the proposed desired future conditions, and the basis
215	215	for the revisions.
216	216	(d-3) After [the earlier of the date on which] all the
217	217	districts have submitted their district summaries [or the
218	218	expiration of the public comment period under Subsection (d-2)],
219	219	the management area planning group [district representatives]
220	220	shall reconvene to review the reports, consider any district's
221	221	suggested revisions to the proposed desired future conditions, and
222	222	finally adopt the desired future conditions for the management
223	223	area. The desired future conditions must be approved by [adopted
224	224	as] a resolution adopted by a two-thirds vote of [all] the voting
225	225	members of the management area planning group [district
226	226	representatives]. The management area planning group [district
227	227	representatives] shall produce a desired future conditions
228	228	explanatory report for the management area and submit to the
229	229	development board and each district in the management area proof
230	230	that notice was posted for the joint planning meeting, a copy of the
231	231	resolution, and a copy of the explanatory report. The report must:
232	232	(1) identify each desired future condition;
233	233	(2) provide the policy and technical justifications
234	234	for each desired future condition;
235	235	(3) include documentation that the factors under
236	236	Subsection (d) were considered by the management area planning
237	237	group [districts] and a discussion of how the adopted desired
238	238	future conditions impact each factor;
239	239	(4) list other desired future condition options
240	240	considered, if any, and the reasons why those options were not
241	241	adopted; and
242	242	(5) discuss reasons why recommendations made by
243	243	advisory committees and relevant public comments received by the
244	244	districts were or were not incorporated into the desired future
245	245	conditions.
246	246	(d-4) After [As soon as possible after] a district receives
247	247	notification from the Texas Water Development Board that the
248	248	desired future conditions resolution and explanatory report under
249	249	Subsection (d-3) is administratively complete, the district shall
250	250	adopt the applicable desired future conditions in the resolution
251	251	and report not later than January 5, 2022, and every five years
252	252	thereafter [that apply to the district].
253	253	(f) At least once during every five-year period for the
254	254	development and adoption of desired future conditions and not less
255	255	than three years or more than four years before the deadline for
256	256	adoption of the desired future conditions, the management area
257	257	planning group shall hold a public meeting for the purpose of
258	258	receiving recommendations for desired future conditions from the
259	259	joint planning advisory committee created under Section 36.1081.
260	260	The management area planning group shall coordinate with the joint
261	261	planning advisory committee to schedule the meeting.
262	262	SECTION 4. Section 36.1081, Water Code, is amended to read
263	263	as follows:
264	264	Sec. 36.1081. TECHNICAL STAFF AND [SUBCOMMITTEES FOR] JOINT
265	265	PLANNING ADVISORY COMMITTEE. (a) On request, the commission and
266	266	the Texas Water Development Board shall make technical staff
267	267	available to serve in a nonvoting advisory capacity to assist the
268	268	management area planning group and the joint planning advisory
269	269	committee with the development of desired future conditions during
270	270	the joint planning process under Section 36.108.
271	271	(b) In this section:
272	272	(1) "Management area planning group" has the meaning
273	273	assigned by Section 36.108.
274	274	(2) "Regional water planning group" means a group
275	275	created under Section 16.053.
276	276	(c) During the joint planning process under Section 36.108,
277	277	the management area planning group and the presiding officer of
278	278	each regional water planning group located wholly or partly in the
279	279	management area shall [district representatives may] appoint a
280	280	joint planning [and convene nonvoting] advisory committee of
281	281	persons to represent the interests described by Section 16.053(c)
282	282	[subcommittees who represent social, governmental, environmental,
283	283	or economic interests to assist in the development of desired
284	284	future conditions].
285	285	(d) The presiding officer of each regional water planning
286	286	group located wholly or partly in the management area shall provide
287	287	written notification to the management area planning group of:
288	288	(1) whether the officer or the officer's designee will
289	289	serve on the joint planning advisory committee; and
290	290	(2) which interest described by Section 16.053(c) the
291	291	officer or the officer's designee represents.
292	292	(e) After the management area planning group receives a
293	293	notification under Subsection (d) from each regional water planning
294	294	group that is located wholly or partly in the management area, the
295	295	management area planning group shall appoint additional members of
296	296	the joint planning advisory committee:
297	297	(1) in a manner that ensures the greatest
298	298	representation of the interests described by Section 16.053(c); and
299	299	(2) to the extent that the management area planning
300	300	group is able to identify qualified people willing to serve on the
301	301	committee.
302	302	(f) The management area planning group shall provide notice
303	303	in the manner described by Section 36.108(e) that describes:
304	304	(1) the purpose of the joint planning advisory
305	305	committee; and
306	306	(2) the process by which a person may submit
307	307	nominations to the committee.
308	308	(g) On request by the management area planning group, the
309	309	Texas Water Development Board shall provide assistance in
310	310	soliciting additional members of the joint planning advisory
311	311	committee.
312	312	(h) Members of the joint planning advisory committee are not
313	313	required to reside in the management area or a regional water
314	314	planning area that is located wholly or partly in the management
315	315	area.
316	316	(i) The joint planning advisory committee may adopt written
317	317	bylaws to govern the committee's performance of its duties.
318	318	(j) A vacancy on the joint planning advisory committee shall
319	319	be filled by the regional water planning group presiding officer or
320	320	designee or the management area planning group that appointed the
321	321	person whose position is vacant.
322	322	(k) The joint planning advisory committee is not subject to
323	323	the provisions of Chapters 551 and 552, Government Code.
324	324	SECTION 5. Section 36.108(d-5), Water Code, is repealed.
325	325	SECTION 6. To the extent of any conflict, this Act prevails
326	326	over another Act of the 85th Legislature, Regular Session, 2017,
327	327	relating to nonsubstantive additions to and corrections in enacted
328	328	codes.
329	329	SECTION 7. (a) Not later than the 120th day after the
330	330	effective date of this Act, each regional water planning group
331	331	described by Section 16.053, Water Code, as reenacted and amended
332	332	by this Act, shall appoint a joint planning advisory committee as
333	333	provided by Section 36.1081, Water Code, as amended by this Act.
334	334	(b) Not later than the 180th day after the date that the
335	335	final appointment is made under Subsection (a) of this section for a
336	336	joint planning advisory committee, the management area planning
337	337	group described by Section 36.108, Water Code, as amended by this
338	338	Act, for that joint planning advisory committee shall appoint
339	339	additional members to the joint planning advisory committee as
340	340	provided by Section 36.1081, Water Code, as amended by this Act.
341	341	(c) Not earlier than July 1, 2019, and not later than
342	342	November 1, 2019, a joint planning advisory committee described by
343	343	Section 36.1081, Water Code, as amended by this Act, shall make its
344	344	recommendations to the management area planning group that
345	345	appointed the members of that joint planning advisory committee.
346	346	(d) This section expires December 31, 2019.
347	347	SECTION 8. This Act takes effect immediately if it receives
348	348	a vote of two-thirds of all the members elected to each house, as
349	349	provided by Section 39, Article III, Texas Constitution. If this
350	350	Act does not receive the vote necessary for immediate effect, this
351	351	Act takes effect September 1, 2017.