Amend CSSB 2 by inserting the following new Section 36.102(e), Water Code, between lines 20 and 21 on page 56 of the substitute to read as follows: (e) The board shall not assess a penalty for breach of a district rule regulating the production of groundwater against a person for producing groundwater for the generation of electricity if such production is necessary to protect public safety and welfare, no reasonable alternative water supply is available to the producer for the generation of the electricity, and the rule or production regulation that was breached by the person was adopted or set by the board less than two years prior to the date of the rule violation."