Texas 2025 - 89th Regular

Texas House Bill HB5493 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Romero H.B. No. 5493
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the diversion and discharge of water for desalination.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Chapter 18, Water Code, is amended by adding
9	11		Section 18.006 to read as follows:
10	12		Sec. 18.006. DIVERSION AND DISCHARGE OF WATER FOR
11	13		DESALINATION STUDY. (a) The commission shall conduct a joint study
12	14		with the Parks and Wildlife Department and the General Land Office
13	15		to determine the appropriateness of diversion of water from a bay or
14	16		an arm of the Gulf of America for desalination, and identify
15	17		specific factors and tolerances that are appropriate for the
16	18		discharge of waste from desalination of treated marine seawater or
17	19		brackish water in a bay or an arm of the Gulf of America, taking into
18	20		account the need to protect marine organisms, local industries that
19	21		depend on these coastal resources, and the overall ecological and
20	22		health of the bays. The study shall include, but is not limited to,
21	23		the following factors:
22	24		(1) acceptable brine concentrate salinity;
23	25		(2) toxicity of brine concentrate;
24	26		(3) ambient temperature of brine concentrate;
25	27		(4) velocity within the mixing zone;
26	28		(5) cumulative volume of discharge relative to bay
27	29		circulation and exchange;
28	30		(6) location factors for discharges to minimize:
29	31		(i) potential detrimental impacts on marine
30	32		organisms, and
31	33		(ii) potential impairment of benefits to marine
32	34		organisms from freshwater inflows.
33	35		(b) Not later than September 1, 2026, the commission shall
34	36		complete a report on the results of the study. The report must
35	37		include, if diversion is determined to be appropriate in any bay or
36	38		arm of the Gulf of America, recommended tolerances by location for
37	39		each factor listed in subsection (a), any other factors necessary
38	40		to protect marine organisms and local industry dependent on those
39	41		resources in a specific location from impacts of such diversions
40	42		and discharges, and a standardized modeling application for permit
41	43		applications.
42	44		(c) Not later than September 1, 2027, the commission by rule
43	45		shall:
44	46		(1) determine if diversion for desalination is allowable in
45	47		a bay or an arm of the Gulf of Mexico and,
46	48		(2) designate appropriate locations, factors, and
47	49		tolerances for discharge of waste resulting from the desalination
48	50		of treated marine seawater or brackish water in a bay or an arm of
49	51		the Gulf of America under this chapter and Chapter 26; and
50	52		(3) designate a standardized modeling approach and
51	53		application for permit applications for desalination with a
52	54		proposed discharge point located in a bay or an arm of the Gulf of
53	55		America under this chapter or Chapter 26.
54	56		(d) Until the commission adopts rules under Subsection (b),
55	57		a person must consult the Parks and Wildlife Department and the
56	58		General Land Office regarding the point or points from which a
57	59		facility the person proposes to construct may divert or discharge
58	60		marine seawater or brackish water before submitting an application
59	61		for a permit for the facility under this chapter, Chapter 11, or
60	62		Chapter 26 or before beginning construction of the facility if the
61	63		diversion or discharge is proposed for a bay or arm of the Gulf of
62	64		America. An accurate summary of the results of the consultation
63	65		process must be included as part of the application and considered
64	66		by the commission in its decision process.
65	67		SECTION 2. This Act takes effect September 1, 2025.