Texas Senate Bill SB448

Texas 2025 - 89th Regular

• Filed: 11/21/24

Caption

Relating to certain cost sharing requirements for a desalination facility operating under a public-private partnership.

Impact

The implementation of SB448 is set to take effect on September 1, 2025, and it has implications for the future of water production in Texas, especially in areas that may rely on desalination as a water source. By placing energy cost burdens on private partners, the bill aims to regulate and possibly reduce the financial risks to public entities involved in these partnerships. This might lead to a financing model that promotes more sustainable energy practices while enhancing the reliability of water sources for Texas communities.

Summary

Senate Bill 448 introduces new cost-sharing requirements for desalination facilities operating under public-private partnerships in Texas. Specifically, the bill mandates that any comprehensive agreement or service contract executed for a qualifying project must stipulate that private entities cover at least 50 percent of the energy costs associated with the desalination process. This legislation aims to ensure that private entities maintain a significant financial stake in the operational costs of such facilities, likely increasing their accountability and commitment to the project's success.

Contention

Notably, while the bill addresses critical issues of cost-sharing in public-private partnerships, it could also incite discussions regarding the potential impact on private investment in desalination projects. Critics might argue that imposing a 50 percent energy cost will deter private investment or complicate the operational planning of desalination facilities. Supporters, however, claim that it will ensure that those who benefit from the desalination services are also contributing significantly to their costs, fostering a more equitable approach to resource management.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2267. Public And Private Facilities And Infrastructure
  • Section: New Section