Texas 2023 - 88th Regular

Texas House Bill HB1565 Compare Versions

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1	1	H.B. No. 1565
2	2
3	3
4	4	AN ACT
5	5	relating to the functions of the Texas Water Development Board and
6	6	continuation and functions of the State Water Implementation Fund
7	7	for Texas Advisory Committee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 6.013, Water Code, is amended to read as
10	10	follows:
11	11	Sec. 6.013. SUNSET PROVISION. The Texas Water Development
12	12	Board is subject to review under Chapter 325, Government Code
13	13	(Texas Sunset Act), but is not abolished under that chapter. The
14	14	board shall be reviewed during the period in which state agencies
15	15	abolished in 2035 [2023] and every 12th year after 2035 [2023] are
16	16	reviewed.
17	17	SECTION 2. Section 6.062, Water Code, is amended by
18	18	amending Subsection (b) and adding Subsection (d) to read as
19	19	follows:
20	20	(b) The training program must provide the person with
21	21	information regarding:
22	22	(1) the law governing [legislation that created the]
23	23	board operations;
24	24	(2) the programs, functions, rules, and budget of
25	25	[operated by] the board;
26	26	(3) the scope of and limitations on the rulemaking
27	27	authority [role and functions] of the board;
28	28	(4) [the rules of the board, with an emphasis on the
29	29	rules that relate to disciplinary and investigatory authority;
30	30	[(5) the current budget for the board;
31	31	[(6)] the results of the most recent formal audit of
32	32	the board;
33	33	(5) [(7)] the requirements of:
34	34	(A) laws relating to [the] open meetings, [law,
35	35	Chapter 551, Government Code;
36	36	[(B) the] public information, [law, Chapter 552,
37	37	Government Code;
38	38	[(C) the] administrative procedure, [law,
39	39	Chapter 2001, Government Code;] and disclosing conflicts of
40	40	interest; and
41	41	(B) [(D)] other laws applicable to members of a
42	42	state policy-making body in performing their duties [relating to
43	43	public officials, including conflict of interest laws]; and
44	44	(6) [(8)] any applicable ethics policies adopted by
45	45	the board or the Texas Ethics Commission.
46	46	(d) The executive administrator shall create a training
47	47	manual that includes the information required by Subsection (b).
48	48	The executive administrator shall distribute a copy of the training
49	49	manual annually to each member of the board. Each member of the
50	50	board shall sign and submit to the executive administrator a
51	51	statement acknowledging that the member received and reviewed the
52	52	training manual.
53	53	SECTION 3. Section 15.438(k), Water Code, is amended to
54	54	read as follows:
55	55	(k) The advisory committee is subject to Chapter 325,
56	56	Government Code (Texas Sunset Act). Unless continued in existence
57	57	as provided by that chapter, the advisory committee is abolished
58	58	and this section expires September 1, 2035 [2023].
59	59	SECTION 4. Section 16.053, Water Code, is amended by
60	60	amending Subsection (e) and adding Subsection (e-2) to read as
61	61	follows:
62	62	(e) Each regional water planning group shall submit to the
63	63	development board a regional water plan that:
64	64	(1) is consistent with the guidance principles for the
65	65	state water plan adopted by the development board under Section
66	66	16.051(d);
67	67	(2) provides information based on data provided or
68	68	approved by the development board in a format consistent with the
69	69	guidelines provided by the development board under Subsection (d);
70	70	(2-a) is consistent with the desired future conditions
71	71	adopted under Section 36.108 for the relevant aquifers located in
72	72	the regional water planning area as of the most recent deadline for
73	73	the board to adopt the state water plan under Section 16.051 or, at
74	74	the option of the regional water planning group, established
75	75	subsequent to the adoption of the most recent plan; provided,
76	76	however, that if no groundwater conservation district exists within
77	77	the area of the regional water planning group, the regional water
78	78	planning group shall determine the supply of groundwater for
79	79	regional planning purposes; the Texas Water Development Board shall
80	80	review and approve, prior to inclusion in the regional water plan,
81	81	that the groundwater supply for the regional planning group without
82	82	a groundwater conservation district in its area is physically
83	83	compatible, using the board's groundwater availability models,
84	84	with the desired future conditions adopted under Section 36.108 for
85	85	the relevant aquifers in the groundwater management area that are
86	86	regulated by groundwater conservation districts;
87	87	(3) identifies:
88	88	(A) each source of water supply in the regional
89	89	water planning area, including information supplied by the
90	90	executive administrator on the amount of modeled available
91	91	groundwater in accordance with the guidelines provided by the
92	92	development board under Subsections (d) and (f);
93	93	(B) factors specific to each source of water
94	94	supply to be considered in determining whether to initiate a
95	95	drought response;
96	96	(C) actions to be taken as part of the response;
97	97	(D) existing major water infrastructure
98	98	facilities that may be used for interconnections in the event of an
99	99	emergency shortage of water; and
100	100	(E) unnecessary or counterproductive variations
101	101	in specific drought response strategies, including outdoor
102	102	watering restrictions, among user groups in the regional water
103	103	planning area that may confuse the public or otherwise impede
104	104	drought response efforts;
105	105	(4) has specific provisions for water management
106	106	strategies to be used during a drought of record;
107	107	(5) includes but is not limited to consideration of
108	108	the following:
109	109	(A) any existing water or drought planning
110	110	efforts addressing all or a portion of the region and potential
111	111	impacts on public health, safety, or welfare in this state;
112	112	(B) approved groundwater conservation district
113	113	management plans and other plans submitted under Section 16.054;
114	114	(C) all potentially feasible water management
115	115	strategies, including but not limited to improved conservation,
116	116	reuse, and management of existing water supplies, conjunctive use,
117	117	acquisition of available existing water supplies, and development
118	118	of new water supplies;
119	119	(D) protection of existing water rights in the
120	120	region;
121	121	(E) opportunities for and the benefits of
122	122	developing regional water supply facilities or providing regional
123	123	management of water supply facilities;
124	124	(F) appropriate provision for environmental
125	125	water needs and for the effect of upstream development on the bays,
126	126	estuaries, and arms of the Gulf of Mexico and the effect of plans on
127	127	navigation;
128	128	(G) provisions in Section 11.085(k)(1) if
129	129	interbasin transfers are contemplated;
130	130	(H) voluntary transfer of water within the region
131	131	using, but not limited to, regional water banks, sales, leases,
132	132	options, subordination agreements, and financing agreements;
133	133	(I) emergency transfer of water under Section
134	134	11.139, including information on the part of each permit, certified
135	135	filing, or certificate of adjudication for nonmunicipal use in the
136	136	region that may be transferred without causing unreasonable damage
137	137	to the property of the nonmunicipal water rights holder; and
138	138	(J) opportunities for and the benefits of
139	139	developing large-scale desalination facilities for:
140	140	(i) marine seawater that serve local or
141	141	regional entities; and
142	142	(ii) brackish groundwater that serve local
143	143	or regional brackish groundwater production zones identified and
144	144	designated under Section 16.060(b)(5);
145	145	(6) identifies river and stream segments of unique
146	146	ecological value and sites of unique value for the construction of
147	147	reservoirs that the regional water planning group recommends for
148	148	protection under Section 16.051;
149	149	(7) assesses the impact of the plan on unique river and
150	150	stream segments identified in Subdivision (6) if the regional water
151	151	planning group or the legislature determines that a site of unique
152	152	ecological value exists;
153	153	(8) describes the impact of proposed water projects on
154	154	water quality;
155	155	(9) includes information on:
156	156	(A) projected water use and conservation in the
157	157	regional water planning area; [and]
158	158	(B) the implementation of state and regional
159	159	water plan projects, including water conservation strategies,
160	160	necessary to meet the state's projected water demands; and
161	161	(C) the implementation of large projects,
162	162	including reservoirs, interstate water transfers, innovative
163	163	technology projects, desalination plants, and other large projects
164	164	as determined by the board, including information regarding:
165	165	(i) expenditures of sponsor money;
166	166	(ii) permit applications, including the
167	167	status of a permit application; and
168	168	(iii) status updates on the phase of
169	169	construction of a project;
170	170	(10) if the regional water planning area has
171	171	significant identified water needs, provides a specific assessment
172	172	of the potential for aquifer storage and recovery projects to meet
173	173	those needs;
174	174	(11) sets one or more specific goals for gallons of
175	175	water use per capita per day in each decade of the period covered by
176	176	the plan for the municipal water user groups in the regional water
177	177	planning area; and
178	178	(12) assesses the progress of the regional water
179	179	planning area in encouraging cooperation between water user groups
180	180	for the purpose of achieving economies of scale and otherwise
181	181	incentivizing strategies that benefit the entire region.
182	182	(e-2) A regional water planning group may plan for drought
183	183	conditions worse than the drought of record when developing a
184	184	regional water plan under Subsection (e).
185	185	SECTION 5. Subchapter E, Chapter 16, Water Code, is amended
186	186	by adding Section 16.147 to read as follows:
187	187	Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND
188	188	METRICS. (a) The board shall develop and implement performance
189	189	goals and performance metrics as part of a comprehensive evaluation
190	190	of the board's review of proposed projects for compliance with
191	191	programmatic and design requirements.
192	192	(b) The board shall periodically:
193	193	(1) collect data regarding the performance metrics;
194	194	(2) analyze the data described by Subdivision (1)
195	195	related to the performance metrics to identify relevant trends; and
196	196	(3) use the performance metrics to assess the board's
197	197	progress toward meeting the board's performance goals.
198	198	(c) The board shall periodically review the performance
199	199	goals and performance metrics to assess the effectiveness and
200	200	efficiency of the board's review of proposed projects.
201	201	(d) The executive administrator shall periodically update
202	202	the board on the implementation and analysis of the performance
203	203	metrics and progress toward performance goals.
204	204	(e) The board shall develop and implement periodic
205	205	reporting schedules for all performance goals and performance
206	206	metrics required under this section.
207	207	SECTION 6. Section 17.276, Water Code, is amended by adding
208	208	Subsections (d-1), (d-2), and (d-3) to read as follows:
209	209	(d-1) The board by rule may adopt procedures allowing the
210	210	use of different standards of review and approval of design
211	211	criteria for plans and specifications for sewage collection,
212	212	treatment, and disposal systems.
213	213	(d-2) In establishing the appropriate standard of review
214	214	and approval for plans and specifications under Subsection (d-1),
215	215	the rules must require an individualized assessment that applies
216	216	risk-based considerations to each project associated with the plans
217	217	and specifications, including:
218	218	(1) any potential financial risk associated with the
219	219	project;
220	220	(2) any risk to public health associated with the
221	221	project; or
222	222	(3) other relevant financial considerations
223	223	associated with the project.
224	224	(d-3) For plans and specifications subject to a limited
225	225	standard of review and approval under Subsection (d-1), the board
226	226	shall require the registered professional engineer who submitted
227	227	the plans and specifications to make a finding that:
228	228	(1) the plans and specifications are in substantial
229	229	compliance with standards established by the commission; and
230	230	(2) any deviation from the standards established by
231	231	the commission is based on the best professional judgment of the
232	232	registered professional engineer.
233	233	SECTION 7. The following provisions of the Water Code are
234	234	repealed:
235	235	(1) Section 15.108;
236	236	(2) Section 15.218; and
237	237	(3) Section 15.3061.
238	238	SECTION 8. (a) Except as provided by Subsection (b) of this
239	239	section, Section 6.062, Water Code, as amended by this Act, applies
240	240	to a member of the Texas Water Development Board appointed before,
241	241	on, or after the effective date of this Act.
242	242	(b) A member of the Texas Water Development Board who,
243	243	before the effective date of this Act, completed the training
244	244	program required by Section 6.062, Water Code, as that law existed
245	245	before the effective date of this Act, is only required to complete
246	246	additional training on the subjects added by this Act to the
247	247	training program required by Section 6.062, Water Code. A board
248	248	member described by this subsection may not vote, deliberate, or be
249	249	counted as a member in attendance at a meeting of the board held on
250	250	or after December 1, 2023, until the member completes the
251	251	additional training.
252	252	SECTION 9. This Act takes effect September 1, 2023.
253	253	______________________________ ______________________________
254	254	President of the Senate Speaker of the House
255	255	I certify that H.B. No. 1565 was passed by the House on April
256	256	19, 2023, by the following vote: Yeas 141, Nays 4, 1 present, not
257	257	voting.
258	258	______________________________
259	259	Chief Clerk of the House
260	260	I certify that H.B. No. 1565 was passed by the Senate on May
261	261	4, 2023, by the following vote: Yeas 31, Nays 0.
262	262	______________________________
263	263	Secretary of the Senate
264	264	APPROVED: _____________________
265	265	Date
266	266	_____________________
267	267	Governor