Texas 2019 - 86th Regular

Texas House Bill HB722 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 722
	1	+	By: Larson (Senate Sponsor - Perry) H.B. No. 722
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 16, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 16, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 722 By: Taylor
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the development of brackish groundwater.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
8	16		by adding Section 36.1015 to read as follows:
9	17		Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER
10	18		PRODUCTION ZONES. (a) In this section:
11	19		(1) "Designated brackish groundwater production zone"
12	20		means an aquifer, subdivision of an aquifer, or geologic stratum
13	21		designated under Section 16.060(b)(5).
14	22		(2) "Development board" means the Texas Water
15	23		Development Board.
16	24		(3) "Gulf Coast Aquifer" means the system of
17	25		hydrogeologic units that run along the Gulf Coast from the Sabine
18	26		River to the Rio Grande, including:
19	27		(A) the Catahoula confining system, including
20	28		the Frio Formation, the Anahuac Formation, and the Catahoula Tuff
21	29		or Sandstone;
22	30		(B) the Jasper Aquifer, including the Oakville
23	31		Sandstone and Fleming Formation;
24	32		(C) the Burkeville confining system separating
25	33		the Jasper Aquifer from the Evangeline Aquifer;
26	34		(D) the Evangeline Aquifer, including the Goliad
27	35		Sand; and
28	36		(E) the Chicot Aquifer, including the Willis
29	37		Sand, the Bentley Formation, the Montgomery Formation, the Beaumont
30	38		Clay, and alluvial deposits at the surface.
31	39		(b) The requirements of this section do not apply to a
32		-	district that:
33		-	(1) overlies the Dockum Aquifer; and
34		-	(2) includes wholly or partly 10 or more counties.
	40	+	district overlying the Dockum Aquifer.
35	41		(c) A district located over any part of a designated
36	42		brackish groundwater production zone may adopt rules to govern the
37	43		issuance of permits under this section for the completion and
38	44		operation of a well for the withdrawal of brackish groundwater from
39	45		a designated brackish groundwater production zone and shall adopt
40	46		rules described by this subsection if the district receives a
41	47		petition from a person with a legally defined interest in
42	48		groundwater in the district. The district must adopt the rules not
43	49		later than the 180th day after the date the district receives the
44	50		petition. Rules adopted under this subsection apply only to a
45	51		permit for a project described by Subsection (d).
46	52		(d) A person may obtain a permit under rules adopted under
47	53		this section for projects including:
48	54		(1) a municipal project designed to treat brackish
49	55		groundwater to drinking water standards for the purpose of
50	56		providing a public source of drinking water; and
51	57		(2) an electric generation project to treat brackish
52	58		groundwater to water quality standards sufficient for the project
53	59		needs.
54	60		(e) The rules adopted under this section must:
55	61		(1) provide for processing an application for a
56	62		brackish groundwater production zone operating permit in the same
57	63		manner as an application for an operating permit for a fresh
58	64		groundwater well, except as provided by this section;
59	65		(2) allow withdrawals and rates of withdrawal of
60	66		brackish groundwater from a designated brackish groundwater
61	67		production zone not to exceed and consistent with the withdrawal
62	68		amounts identified in Section 16.060(e);
63	69		(3) provide for a minimum term of 30 years for a permit
64	70		issued for a well that produces brackish groundwater from a
65	71		designated brackish groundwater production zone;
66	72		(4) require implementation of a monitoring system
67	73		recommended by the development board to monitor water levels and
68	74		water quality in the same or an adjacent aquifer, subdivision of an
69	75		aquifer, or geologic stratum in which the designated brackish
70	76		groundwater production zone is located;
71	77		(5) for a project located in a designated brackish
72	78		groundwater production zone in the Gulf Coast Aquifer, require
73	79		reasonable monitoring by the district of land elevations to
74	80		determine if production from the project is causing or is likely to
75	81		cause subsidence during the permit term;
76	82		(6) require from the holder of a permit issued under
77	83		rules adopted under this section annual reports that must include:
78	84		(A) the amount of brackish groundwater
79	85		withdrawn;
80	86		(B) the average monthly water quality of the
81	87		brackish groundwater withdrawn and in the monitoring wells; and
82	88		(C) aquifer levels in both the designated
83	89		brackish groundwater production zone and in any aquifer,
84	90		subdivision of an aquifer, or geologic stratum for which the permit
85	91		requires monitoring;
86	92		(7) provide greater access to brackish groundwater by
87	93		simplifying procedure, avoiding delay in permitting, saving
88	94		expense for the permit seeker, and providing flexibility to permit
89	95		applicants and the district;
90	96		(8) be consistent with and not impair property rights
91	97		described by Sections 36.002(a) and (b); and
92	98		(9) specify all additional information that must be
93	99		included in an application.
94	100		(f) Additional information required under Subsection (e)(9)
95	101		must be reasonably related to an issue the district is authorized to
96	102		consider.
97	103		(g) An application for a brackish groundwater production
98	104		zone operating permit must include:
99	105		(1) the proposed well field design compared to the
100	106		designated brackish groundwater production zone;
101	107		(2) the requested maximum groundwater withdrawal rate
102	108		for the proposed project;
103	109		(3) the number and location of monitoring wells needed
104	110		to determine the effects of the proposed project on water levels and
105	111		water quality in the same or an adjacent aquifer, subdivision of an
106	112		aquifer, or geologic stratum in which the designated brackish
107	113		groundwater production zone is located; and
108	114		(4) a report that includes:
109	115		(A) a simulation of the projected effects of the
110	116		proposed production on water levels and water quality in the same or
111	117		an adjacent aquifer, subdivision of an aquifer, or geologic stratum
112	118		in which the designated brackish groundwater production zone is
113	119		located;
114	120		(B) a description of the model used for the
115	121		simulation described by Paragraph (A); and
116	122		(C) sufficient information for a technical
117	123		reviewer to understand the parameters and assumptions used in the
118	124		model described by Paragraph (B).
119	125		(h) The district shall submit the application to the
120	126		development board and the development board shall conduct a
121	127		technical review of the application. The development board shall
122	128		submit a report of the review of the application that includes:
123	129		(1) findings regarding the compatibility of the
124	130		proposed well field design with the designated brackish groundwater
125	131		production zone; and
126	132		(2) recommendations for the monitoring system
127	133		described by Subsection (e)(4).
128	134		(i) The district may not schedule a hearing on the
129	135		application until the district receives the report from the
130	136		development board described by Subsection (h).
131	137		(j) The district shall provide the reports required under
132	138		Subsection (e)(6) to the development board. Not later than the
133	139		120th day after the date the development board receives a request
134	140		from the district, the development board shall investigate and
135	141		issue a report on whether brackish groundwater production under the
136	142		project that is the subject of the report from the designated
137	143		brackish groundwater production zone is projected to cause:
138	144		(1) significant aquifer level declines in the same or
139	145		an adjacent aquifer, subdivision of an aquifer, or geologic stratum
140	146		that were not anticipated by the development board in the
141	147		designation of the zone;
142	148		(2) negative effects on quality of water in an
143	149		aquifer, subdivision of an aquifer, or geologic stratum; or
144	150		(3) for a project located in a designated brackish
145	151		groundwater production zone in the Gulf Coast Aquifer, subsidence
146	152		during the permit term.
147	153		(k) After receiving from the development board a report
148	154		issued under Subsection (j) and after notice and hearing subject to
149	155		Subchapter M, the district may:
150	156		(1) amend the applicable permit to establish a
151	157		production limit necessary to mitigate any negative effects
152	158		identified by the report;
153	159		(2) approve a mitigation plan that alleviates any
154	160		negative effects identified by the report; or
155	161		(3) both amend the permit to establish a production
156	162		limit and approve a mitigation plan.
157	163		(l) Rules adopted under this section must provide that the
158	164		production authorized from a designated brackish groundwater
159	165		production zone is in addition to the amount of managed available
160	166		groundwater provided under Section 36.108. To the extent possible,
161	167		a district shall issue permits up to the point that the total volume
162	168		of exempt and permitted groundwater production in a designated
163	169		brackish groundwater production zone equals the amount of brackish
164	170		groundwater that may be produced annually to achieve the
165	171		groundwater availability described by the development board in its
166	172		designation of the brackish groundwater production zone under
167	173		Section 16.060(e).
168	174		(m) A district may not adopt rules limiting access to the
169	175		production of groundwater within a designated brackish groundwater
170	176		production zone to only those projects described by Subsection (d).
171	177		(n) The district may grant or deny an application to extend
172	178		a term under this section only using rules that were in effect at
173	179		the time the application was submitted.
174	180		(o) An application for a permit under this section is
175	181		governed solely by district rules consistent with this section.
176	182		SECTION 2. The Texas Water Development Board is required to
177	183		implement a provision of this Act only if the legislature
178	184		appropriates money specifically for that purpose. If the
179	185		legislature does not appropriate money specifically for that
180	186		purpose, the board may, but is not required to, implement a
181	187		provision of this Act using other appropriations available for that
182	188		purpose.
183	189		SECTION 3. This Act takes effect September 1, 2019.
184		-	______________________________ ______________________________
185		-	President of the Senate Speaker of the House
186		-	I certify that H.B. No. 722 was passed by the House on April
187		-	18, 2019, by the following vote: Yeas 134, Nays 0, 1 present, not
188		-	voting; that the House refused to concur in Senate amendments to
189		-	H.B. No. 722 on May 24, 2019, and requested the appointment of a
190		-	conference committee to consider the differences between the two
191		-	houses; and that the House adopted the conference committee report
192		-	on H.B. No. 722 on May 26, 2019, by the following vote: Yeas 145,
193		-	Nays 0, 1 present, not voting.
194		-	______________________________
195		-	Chief Clerk of the House
196		-	I certify that H.B. No. 722 was passed by the Senate, with
197		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
198		-	0; at the request of the House, the Senate appointed a conference
199		-	committee to consider the differences between the two houses; and
200		-	that the Senate adopted the conference committee report on H.B. No.
201		-	722 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
202		-	______________________________
203		-	Secretary of the Senate
204		-	APPROVED: __________________
205		-	Date
206		-	__________________
207		-	Governor
	190	+	* * * * *