Texas 2023 - 88th Regular

Texas House Bill HB4891 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R24446 ANG-D
2	2	By: Rogers H.B. No. 4891
3	3	Substitute the following for H.B. No. 4891:
4	4	By: King of Uvalde C.S.H.B. No. 4891
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the joint planning of desired future conditions in
10	10	groundwater management areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 36.1071(e), Water Code, is amended to
13	13	read as follows:
14	14	(e) In the management plan described under Subsection (a),
15	15	the district shall:
16	16	(1) identify the performance standards and management
17	17	objectives under which the district will operate to achieve the
18	18	management goals identified under Subsection (a);
19	19	(2) specify, in as much detail as possible, the
20	20	actions, procedures, performance, and avoidance that are or may be
21	21	necessary to effect the plan, including specifications and proposed
22	22	rules;
23	23	(3) include estimates of the following:
24	24	(A) modeled available groundwater in the
25	25	district based on the desired future condition established under
26	26	Section 36.108;
27	27	(B) the amount of groundwater being used within
28	28	the district on an annual basis;
29	29	(C) the annual amount of recharge from
30	30	precipitation, if any, to the groundwater resources within the
31	31	district;
32	32	(D) for each aquifer, the annual volume of water
33	33	that discharges from the aquifer to springs and any surface water
34	34	bodies, including lakes, streams, and rivers;
35	35	(E) the annual volume of flow into and out of the
36	36	district within each aquifer and between aquifers in the district,
37	37	if a groundwater availability model is available;
38	38	(F) the projected surface water supply in the
39	39	district according to the most recently adopted state water plan;
40	40	and
41	41	(G) the projected total demand for water in the
42	42	district according to the most recently adopted state water plan;
43	43	[and]
44	44	(4) consider the water supply needs and water
45	45	management strategies included in the adopted state water plan; and
46	46	(5) include a plain explanation of how:
47	47	(A) the district is monitoring and tracking the
48	48	achievement of the desired future conditions established under
49	49	Section 36.108; and
50	50	(B) the district has performed in achieving the
51	51	desired future conditions established under Section 36.108 over the
52	52	previous five-year joint planning period.
53	53	SECTION 2. Section 36.108, Water Code, is amended by
54	54	amending Subsections (c) and (d-3) and adding Subsections (c-1) and
55	55	(d-5) to read as follows:
56	56	(c) The district representatives shall meet at least
57	57	annually to conduct joint planning with the other districts in the
58	58	management area. The representatives shall [and to] review:
59	59	(1) [the management plans,] the accomplishments of the
60	60	management area;
61	61	(2) [, and] proposals to adopt new or amend existing
62	62	desired future conditions; and
63	63	(3) not less than once during each five-year period
64	64	described by Subsection (d), the management plans of each district
65	65	in the management area.
66	66	(c-1) In reviewing the management plans under Subsection
67	67	(c), the districts shall consider:
68	68	(1) the goals of each management plan and its impact on
69	69	planning throughout the management area;
70	70	(2) the effectiveness of the measures established by
71	71	each district's management plan for conserving and protecting
72	72	groundwater and preventing waste, and the effectiveness of these
73	73	measures in the management area generally;
74	74	(3) any other matters that the boards consider
75	75	relevant to the protection and conservation of groundwater and the
76	76	prevention of waste in the management area; and
77	77	(4) the degree to which each district is achieving
78	78	[management plan achieves] the desired future conditions
79	79	established during the joint planning process through the
80	80	implementation of the district's management plan and rules.
81	81	(d-3) After all the districts have submitted their district
82	82	summaries, the district representatives shall reconvene to review
83	83	the reports, consider any district's suggested revisions to the
84	84	proposed desired future conditions, and finally adopt the desired
85	85	future conditions for the management area. The desired future
86	86	conditions must be approved by a resolution adopted by a two-thirds
87	87	vote of all the district representatives not later than January 5,
88	88	2022. Subsequent desired future conditions must be proposed and
89	89	finally adopted by the district representatives before the end of
90	90	each successive five-year period after that date. The district
91	91	representatives shall produce a desired future conditions
92	92	explanatory report for the management area and submit to the
93	93	development board and each district in the management area proof
94	94	that notice was posted for the joint planning meeting, a copy of the
95	95	resolution, and a copy of the explanatory report. The report must:
96	96	(1) identify each desired future condition;
97	97	(2) provide the policy and technical justifications
98	98	for each desired future condition;
99	99	(3) include documentation that the factors under
100	100	Subsection (d) were considered by the districts and a discussion of
101	101	how the adopted desired future conditions impact each factor;
102	102	(4) list other desired future condition options
103	103	considered, if any, and the reasons why those options were not
104	104	adopted; [and]
105	105	(5) discuss reasons why recommendations made by
106	106	advisory committees and relevant public comments received by the
107	107	districts were or were not incorporated into the desired future
108	108	conditions;
109	109	(6) include an explanation in plain language of why a
110	110	desired future condition adopted for an aquifer was changed if the
111	111	desired future condition is different from the previous five-year
112	112	joint planning period; and
113	113	(7) include a summary of how each district is
114	114	performing in achieving the desired future conditions.
115	115	(d-5) The districts and district representatives:
116	116	(1) shall adopt desired future conditions under this
117	117	section for each 50-year planning period identified by the
118	118	executive administrator for the preparation of state and regional
119	119	water plans;
120	120	(2) shall identify interim values for the desired
121	121	future conditions adopted under Subdivision (1) for time periods
122	122	not to exceed 10 years solely to assist the districts in monitoring
123	123	interim progress in achieving the desired future conditions adopted
124	124	for the 50-year planning period; and
125	125	(3) may adopt desired future conditions under this
126	126	section for other time periods.
127	127	SECTION 3. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2023.