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A BILL TO BE ENTITLED
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AN ACT
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relating to the development and operation of advanced brackish |
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desalination projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Water Code is amended by adding Title 6 to |
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read as follows: |
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TITLE 6. WATER INFRASTRUCTURE |
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CHAPTER 201. ADVANCED BRACKISH DESALINATION PROJECTS |
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Sec. 201.001. DEFINITIONS. In this chapter: |
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(1) "Advanced brackish desalination project" means a |
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project owned or operated by a governmental entity or nonprofit |
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corporation that: |
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(A) is designed to reduce the total dissolved |
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solids in brackish water to less than 1,000 milligrams per liter; |
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and |
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(B) is integrated with an electric generation |
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facility owned by a power generation company as defined by Section |
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31.002, Utilities Code. |
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(2) "Brackish water" means surface water or |
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groundwater containing more than 1,000 milligrams and less than |
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10,000 milligrams per liter of total dissolved solids. |
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(3) "Governmental entity" means a municipality, |
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county, district, or other political subdivision or public entity |
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or instrumentality. |
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(4) "Nonprofit corporation" includes a water supply or |
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sewer service corporation operating under Chapter 67. |
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Sec. 201.002. INTEGRATION WITH ELECTRIC GENERATION FACILITY. |
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For purposes of this chapter, an advanced brackish desalination |
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project is considered to be integrated with an electric generation |
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facility if the project and the facility: |
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(1) are located in the same or an adjacent county; and |
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(2) are directly connected using transmission |
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facilities that are not owned or operated by an electric utility. |
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Sec. 201.003. PROJECT FUNDING. An advanced brackish |
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desalination project that conserves or reuses water may receive |
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funding from the Texas Water Development Board in the same manner as |
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a project included in the state water plan adopted under Section |
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16.051. For purposes of this section, there is a presumption that an |
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advanced brackish desalination project is a water conservation or |
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reuse project designed to reduce the need for the development of |
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additional fresh water resources. |
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Sec. 201.004. ELECTRICITY TRANSACTIONS. (a) An electric |
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generation facility that is integrated with an advanced brackish |
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desalination project and provides electricity to the project is not |
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an electric utility or a retail electric provider, as defined by |
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Section 31.002, Utilities Code, or a retail electric utility, as |
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defined by Section 37.001, Utilities Code, solely because of the |
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electricity transactions between the facility and the project. |
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(b) A purchase of electricity described by this chapter or |
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of a related resource, such as thermal output, made by a |
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governmental entity or nonprofit corporation for the purposes of an |
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advanced brackish desalination project is a purchase of personal |
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property under Subchapter A, Chapter 271, Local Government Code, |
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and the sale of that electricity may not be considered a retail sale |
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of electricity. |
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Sec. 201.005. PARTNERSHIPS. A private entity or other |
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person may submit a proposal requesting approval of an advanced |
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brackish desalination project as a qualifying project under Chapter |
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2267, Government Code. |
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SECTION 2. Section 36.001, Water Code, is amended by |
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amending Subdivision (5) and adding Subdivision (31) to read as |
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follows: |
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(5) "Groundwater" means water percolating below the |
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surface of the earth. The term does not include brackish |
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groundwater. |
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(31) "Brackish groundwater" means groundwater |
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containing more than 1,000 milligrams and less than 10,000 |
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milligrams per liter of total dissolved solids. |
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SECTION 3. Section 36.117, Water Code, is amended by |
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amending Subsection (l) and adding Subsection (m) to read as |
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follows: |
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(l) Except as provided by Subsection (m), this [This] |
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chapter applies to water wells, including water wells used to |
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supply water for activities related to the exploration or |
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production of hydrocarbons or minerals. This chapter does not |
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apply to production or injection wells drilled for oil, gas, |
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sulphur, uranium, or brine, or for core tests, or for injection of |
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gas, saltwater, or other fluids, under permits issued by the |
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Railroad Commission of Texas. |
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(m) This chapter does not apply to wells used to withdraw |
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brackish groundwater for an advanced brackish desalination |
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project, as defined by Chapter 201. |
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SECTION 4. This Act takes effect September 1, 2013. |