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A BILL TO BE ENTITLED
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AN ACT
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relating to the diversion and use of marine seawater, including the |
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development of marine seawater desalination projects, integrated |
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marine seawater desalination and power projects, and facilities for |
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the storage, conveyance, and delivery of desalinated marine |
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seawater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) With this state facing an ongoing drought, |
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continuing population growth, and the need to remain economically |
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competitive, every effort must be made to secure and develop |
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plentiful and cost-effective water supplies to meet the |
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ever-increasing demand for water. The purpose of this Act is to |
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expedite the development of marine seawater from the Gulf of Mexico |
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and add this new source of water to this state's existing surface |
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water and groundwater resources in order to bring into balance the |
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supply of and demand for water in this state. |
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(b) Currently, the projected long-term water needs of this |
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state far exceed the firm supplies that are available and that can |
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reasonably be made available from freshwater sources within this |
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state. The legislature recognizes the importance of providing for |
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this state's current and future water needs at all times, including |
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during severe droughts. |
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(c) In this state, marine seawater is a potential new source |
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of public drinking water. This state has access to over 600 |
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quadrillion gallons of marine seawater from the Gulf of Mexico. The |
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purpose of this Act is to streamline the process for and reduce the |
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cost and regulation of marine seawater desalination. |
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(d) The legislature finds that marine seawater desalination |
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projects should be cost-effectively and timely developed, |
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concurrently with other water planning solutions, to help this |
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state meet its current and future firm water needs. |
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(e) The legislature finds that it is necessary and |
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appropriate to grant certain rights or authority and provide for |
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expedited and streamlined permitting for marine seawater |
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desalination projects and integrated marine seawater desalination |
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and power projects in order to avoid unnecessary costs, delays, and |
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uncertainty and thereby help justify the investment of significant |
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resources of this state in the development of such projects. |
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SECTION 2. Section 11.002, Water Code, is amended by adding |
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Subdivision (22) to read as follows: |
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(22) "Marine seawater" has the meaning assigned by |
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Section 18.001. |
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SECTION 3. Section 11.121, Water Code, is amended to read as |
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follows: |
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Sec. 11.121. PERMIT REQUIRED. Except as provided in |
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Sections 11.142, 11.1421, [and] 11.1422, and 11.1423 [of this
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code], no person may appropriate any state water or begin |
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construction of any work designed for the storage, taking, or |
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diversion of water without first obtaining a permit from the |
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commission to make the appropriation. |
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SECTION 4. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1423 to read as follows: |
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Sec. 11.1423. PERMIT EXEMPTION FOR USE BY WATER SUPPLY |
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ENTITY OF MARINE SEAWATER. (a) In this section, "water supply |
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entity" includes: |
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(1) a retail public utility as defined by Section |
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13.002; |
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(2) a wholesale water supplier; or |
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(3) an irrigation district operating under Chapter 58. |
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(b) Without obtaining a permit, a water supply entity may |
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divert marine seawater from the Gulf of Mexico at one or more points |
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of diversion located at least three miles from the coast of this |
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state and use the seawater diverted for any beneficial purpose. |
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(c) Before a water supply entity first diverts marine |
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seawater under Subsection (b), the entity must give notice to the |
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commission of the proposed diversion. |
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(d) A water supply entity must treat marine seawater so that |
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it meets the water quality level of the receiving stream before the |
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entity may put the water into a stream under an authorization |
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granted under Section 11.042. |
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(e) This section does not prohibit a water supply entity |
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from conveying water under this section in any other manner |
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authorized by law, including through the use of facilities owned or |
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operated by the state if authorized by the state. |
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SECTION 5. Section 16.053(e), Water Code, is amended to |
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read as follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(2-a) is consistent with the desired future conditions |
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adopted under Section 36.108 for the relevant aquifers located in |
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the regional water planning area as of the date the board most |
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recently adopted a state water plan under Section 16.051 or, at the |
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option of the regional water planning group, established subsequent |
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to the adoption of the most recent plan; |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of modeled available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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and |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; [and] |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; and |
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(J) opportunities for and the benefits of |
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developing large-scale desalination facilities for marine |
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seawater, as defined by Section 18.001, that serve local or |
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regional entities; |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; |
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(8) describes the impact of proposed water projects on |
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water quality; and |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; and |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands. |
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SECTION 6. Subtitle C, Title 2, Water Code, is amended by |
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adding Chapter 18 to read as follows: |
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CHAPTER 18. MARINE SEAWATER DESALINATION PROJECTS AND INTEGRATED |
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MARINE SEAWATER DESALINATION AND POWER PROJECTS |
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Sec. 18.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas Water Development Board. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Land office" means the General Land Office. |
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(4) "Marine seawater" means water that is derived from |
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the Gulf of Mexico. |
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(5) "Political subdivision" means a municipality, |
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county, or other body politic or corporate of this state, including |
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a district or authority created under Section 52, Article III, or |
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Section 59, Article XVI, Texas Constitution. |
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(6) "Project" means: |
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(A) a marine seawater desalination project; |
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(B) an integrated marine seawater desalination |
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and power project; or |
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(C) a facility for the storage, conveyance, and |
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delivery of desalinated marine seawater. |
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Sec. 18.002. POWERS AND DUTIES OF BOARD. (a) The board has |
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general jurisdiction over the provision of state financial |
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assistance for projects. |
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(b) The board may provide financial assistance for all or |
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part of a project from any source of funding that may be available |
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to the board for that purpose, including: |
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(1) the state water implementation fund for Texas, in |
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accordance with Subchapter G, Chapter 15; and |
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(2) the state water implementation revenue fund for |
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Texas, in accordance with Subchapter H, Chapter 15. |
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(c) If the board determines that a project for which |
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financial assistance from the board is sought should be developed, |
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the board shall pursue all available alternatives in order to |
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provide the necessary financial assistance. |
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Sec. 18.003. POWERS AND DUTIES OF COMMISSION. (a) The |
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commission has general jurisdiction over the permitting of |
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projects. |
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(b) The commission shall consult with the land office, |
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School Land Board, board, Parks and Wildlife Department, Public |
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Utility Commission of Texas, or Electric Reliability Council of |
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Texas over any aspect of a project that also falls within the |
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general jurisdiction of that agency or entity. |
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(c) The commission shall provide notice and an opportunity |
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for the submission of written comment, but is not required to |
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provide an opportunity for a contested case hearing, regarding |
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commission actions relating to a permit for a project. |
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Sec. 18.004. POWERS AND DUTIES OF POLITICAL SUBDIVISIONS. |
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(a) A political subdivision may: |
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(1) own all or any interest in a project; and |
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(2) sell water produced or power generated by a |
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project. |
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(b) Without obtaining a water right from the commission, a |
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political subdivision may: |
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(1) divert marine seawater from the Gulf of Mexico at |
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one or more points of diversion located at least three miles from |
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the coast of this state; |
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(2) desalinate marine seawater; |
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(3) use diverted marine seawater for power plant |
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cooling or any other beneficial use before desalinating the marine |
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seawater; |
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(4) use desalinated marine seawater in this state for |
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any beneficial purpose; and |
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(5) return unconsumed marine seawater or concentrated |
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saline water resulting from the process for desalinating marine |
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seawater to the Gulf of Mexico at one or more points of return. |
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(c) This subsection applies only to a project to which |
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Subsection (b) applies. The commission may not limit: |
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(1) the number of points of diversion or the rate of |
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diversion of marine seawater; or |
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(2) the number of points of return or the rate of |
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return of unconsumed marine seawater or concentrated saline water |
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resulting from the process for desalinating marine seawater. |
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(d) Before beginning construction of an intake or return |
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facility for a project, a political subdivision must obtain the |
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approval of the land office of the location of the point of intake |
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or return and the plans and specifications for the facility if the |
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facility will be located on state land. The process for obtaining |
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the approval of the land office is not subject to the requirements |
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relating to a contested case hearing under any statute or rule, |
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including this chapter, another chapter of this code, Chapter 33, |
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Natural Resources Code, or Subchapters C-G, Chapter 2001, |
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Government Code. |
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(e) Before a political subdivision first diverts marine |
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seawater under Subsection (b), the political subdivision must give |
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notice to the commission of the proposed diversion. |
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(f) A political subdivision may assign the rights granted by |
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this section to the owner or operator of a project. |
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Sec. 18.005. EXPEDITED PROCESSING OF AND ACTION ON |
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APPLICATIONS. (a) This section applies to each application or |
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request for a permit or other authorization, contract, lease, |
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easement, or grant of an interest in property submitted to a state |
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or local governmental entity for a project, including an |
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application submitted to: |
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(1) the commission for a permit or authorization under |
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Chapter 26 of this code or Chapter 382, Health and Safety Code; or |
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(2) the School Land Board to acquire rights in coastal |
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public land under Chapter 33, Natural Resources Code. |
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(b) A governmental entity to which an application or request |
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is submitted shall expedite and streamline to the extent possible |
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the processing of and action on the application or request. |
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(c) A governmental entity's processing of and action on an |
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application or request submitted to the governmental entity is not |
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subject to the requirements relating to a contested case hearing |
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under any statute or rule, including this chapter, another chapter |
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of this code, Chapter 33, Natural Resources Code, or Subchapters |
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C-G, Chapter 2001, Government Code. |
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SECTION 7. Section 341.001, Health and Safety Code, is |
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amended by adding Subdivisions (2-a) and (4-a) to read as follows: |
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(2-a) "Desalination facility" means a facility used for |
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the treatment of marine seawater to remove dissolved mineral salts |
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and other dissolved solids. |
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(4-a) "Marine seawater" has the meaning assigned by |
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Section 18.001, Water Code. |
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SECTION 8. Subchapter C, Chapter 341, Health and Safety |
|
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Code, is amended by adding Section 341.03595 to read as follows: |
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Sec. 341.03595. DESALINATION OF WATER FOR DRINKING WATER. |
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(a) This section applies only to a desalination facility that is |
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intended to produce water for the public drinking water supply. |
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This section does not apply to a desalination facility used to |
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produce nonpotable water. |
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(b) The commission shall adopt rules to: |
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(1) allow water treated by a desalination facility to |
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be used as public drinking water; and |
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(2) ensure that water treated by a desalination |
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facility meets the requirements of Section 341.031 and rules |
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adopted under that section. |
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(c) A person may not begin construction of a desalination |
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facility unless the commission approves in writing the plans and |
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specifications for the facility. |
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(d) A person may not begin construction of a desalination |
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facility that treats marine seawater for the purpose of removing |
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primary or secondary drinking water contaminants unless the |
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commission approves in writing a report containing one or more of |
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the following: |
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(1) a computer model acceptable to the commission; |
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(2) a pilot study with a minimum 40-day run duration |
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without treatment intervention to meet federal and state safe |
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drinking water standards; |
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(3) information from a similar system installed at |
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another desalination facility that treats source water of a similar |
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or lower quality; or |
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(4) a full-scale verification protocol with a minimum |
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40-day run duration without treatment intervention to meet federal |
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and state safe drinking water standards. |
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(e) If a full-scale verification protocol report is |
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approved, a person may not send water to a public water distribution |
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system without a full-scale verification study: |
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(1) completed after construction; and |
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(2) approved by the commission. |
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(f) Not later than the 100th day after the date the |
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commission receives the report for a proposed desalination |
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facility, the commission shall review the report and issue an |
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exception response letter that may contain conditions for approval. |
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(g) Not later than the 60th day after the date the |
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commission receives the plans and specifications for a proposed |
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desalination facility, the commission shall review the plans and |
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specifications and issue a response letter that may contain |
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conditions for approval. |
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(h) A person violates this section if the person fails to |
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meet a condition for approval in a letter issued to the person under |
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Subsection (f) or (g). |
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SECTION 9. Section 16.060, Water Code, is repealed. |
|
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
|
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effect, this Act takes effect September 1, 2015. |
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* * * * * |