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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. (a) With this
state facing an ongoing drought, continuing population growth, and the need
to remain economically competitive, every effort must be made to secure and
develop plentiful and cost-effective water supplies to meet the
ever-increasing demand for water. The purpose of this Act is not to hinder
the conservation or development of other surface water efforts; however, its purpose is to more
fully explore and expedite the development of all water resources in order
to balance the state's supply and demand for water, one of the most
precious resources of this state.
(b) Currently, the projected
long-term water needs of this state far exceed the firm supplies that are
available and that can reasonably be made available from freshwater sources
within the state. The legislature recognizes the importance of providing
for this state's current and future water needs at all times, including
during severe droughts.
(b) In Texas, marine
seawater is a potential new source of public
drinking water. This state has access to over 600 quadrillion gallons of marine seawater from the
Gulf of Mexico. The purpose of this Act is to streamline the process and
reduce the cost and regulation of
marine seawater desalination.
(c) The legislature finds
that marine seawater desalination projects
should be cost-effectively, timely, and concurrently developed, alongside
other water planning solutions, to help this state meet its current and
future firm water needs.
(d) The legislature finds
that it is necessary and appropriate to grant certain
rights or authority and provide for expedited and streamlined permitting for large-scale marine seawater
desalination projects and integrated marine
seawater desalination and power projects, to avoid unnecessary
costs, delays and uncertainty and thereby help justify the investment of
significant resources of the state
in the development of such projects.
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SECTION 1. (a) With this
state facing an ongoing drought, continuing population growth, and the need
to remain economically competitive, every effort must be made to secure and
develop plentiful and cost-effective water supplies to meet the
ever-increasing demand for water. The purpose of this Act is not to hinder
efforts to conserve or develop other surface water supplies but rather to more fully explore and expedite the
development of all this state's
water resources in order to balance this state's supply and demand for
water, which is one of the most precious resources of this state.
(b) Currently, the projected
long-term water needs of this state far exceed the firm supplies that are
available and that can reasonably be made available from freshwater sources
within this state. The legislature recognizes the importance of providing
for this state's current and future water needs at all times, including
during severe droughts.
(c) In this state, marine
seawater is a potential new source of water
for drinking and other beneficial uses. This state has access to vast quantities of marine seawater from
the Gulf of Mexico. The purpose of this Act is to streamline the regulatory process for and reduce the time required for and cost of marine
seawater desalination.
(d) The legislature finds
that marine seawater desalination facilities
should be cost-effectively and timely developed, concurrently with other
water planning solutions, to help this state meet its current and future
water needs.
(e) The legislature finds
that it is necessary and appropriate to grant authority and provide for
expedited and streamlined authorization for
marine seawater desalination facilities
in order to avoid unnecessary costs, delays, and uncertainty and thereby
help justify the investment of significant resources in the development of
such facilities.
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No
equivalent provision.
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SECTION 2. Section
11.0237(b), Water Code, is amended to read as follows:
(b) This section does not
alter the commission's obligations under Section 11.042(a-1), (a-2),
(b), or (c), 11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471,
11.1491, 11.150, 11.152, 16.058, or 16.059.
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No
equivalent provision. (But see SECTION 3 below.)
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SECTION 3. Section 11.042,
Water Code, is amended by adding Subsection (a-2) to read as follows:
(a-2) In this subsection,
"water supply entity" has the meaning assigned by Section
11.156. With prior authorization granted under rules prescribed by the
commission, a water supply entity may use the bed and banks of any flowing
natural stream in this state or a lake, reservoir, or other impoundment in
this state to convey marine seawater that has been treated so as to meet
standards that are at least as stringent as the water quality standards
applicable to the receiving stream or impoundment adopted by the
commission. The commission shall provide for notice and an opportunity for
the submission of written comment but may not provide an opportunity for a
public hearing regarding commission actions relating to an authorization
under this subsection to use the bed and banks of a flowing natural stream
to convey treated marine seawater. The commission shall provide for
notice, an opportunity for the submission of written comment, and an
opportunity for a contested case hearing regarding commission actions
relating to an authorization under this subsection to use a lake,
reservoir, or other impoundment to convey treated marine seawater. A water
supply entity may not discharge treated marine seawater into a flowing
natural stream in this state or a lake, reservoir, or other impoundment in
this state for the purpose of conveyance of the water under an
authorization granted under this subsection unless the entity holds a
permit under Section 26.054 authorizing the discharge. Treated marine
seawater that is conveyed under an authorization granted under this
subsection may be used only by the water supply entity to which the
authorization is granted. This subsection does not prohibit a water supply
entity from conveying treated marine seawater in any other manner
authorized by law.
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SECTION 2. Section 11.121,
Water Code, is amended to read as follows:
Sec. 11.121. PERMIT
REQUIRED. Except as provided in Sections 11.142, 11.1421, [and] 11.1422,
and 11.1423 [of this code],
no person may appropriate any state water or begin construction of any work
designed for the storage, taking, or diversion of water without first
obtaining a permit from the commission to make the appropriation.
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SECTION 4. Section 11.121,
Water Code, is amended to read as follows:
Sec. 11.121. PERMIT
REQUIRED. Except as provided in Sections 11.142, 11.1421, [and] 11.1422,
and 11.156 [of this code],
no person may appropriate any state water or begin construction of any work
designed for the storage, taking, or diversion of water without first
obtaining a permit from the commission to make the appropriation.
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SECTION 3. Section 11.1311,
Water Code, is amended by amending Subsection (b) and adding Subsection
(b-1) to read as follows:
(b) The board may transfer
interests in a permit issued under Subsection (a) [this section]
to a municipality, river authority, other political subdivision, or water
supply corporation organized under Chapter 67 as otherwise provided by law.
(b-1) In this subsection,
"marine seawater" has the meaning assigned by Section 11.1423. On
submission of an application to the commission, the commission shall issue
without a hearing a permit to use the bed and banks of any flowing natural
stream in the state to convey marine seawater. The commission shall adopt
rules to implement a procedure for application for a permit to convey
marine seawater consistent with this subsection. A flowing natural stream
does not include impounded water. The commission shall provide notice and
an opportunity for hearing for an application for a permit to convey marine
seawater into or through a lake, reservoir, or other impoundment.
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No
equivalent provision. (But see SECTION 3 above.)
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SECTION 4. Subchapter D,
Chapter 11, Water Code, is amended by adding Section 11.1423 to read as
follows:
Sec. 11.1423. PERMIT
EXEMPTION FOR USE BY WATER SUPPLY ENTITY OF MARINE SEAWATER. (a) In this
section:
(1) "Marine
seawater" means water that contains a total dissolved solids
concentration based on a yearly average of samples taken at the water
source of more than 10,000 milligrams per liter that is derived from the
Gulf of Mexico or an adjacent bay, estuary, or arm of the Gulf of Mexico.
(2) "Water supply
entity" includes:
(A) a retail public
utility as defined by Section 13.002;
(B) a wholesale water
supplier; or
(C) an irrigation
district operating under Chapter 58.
(b) Without obtaining a
permit, a water supply entity may use for any beneficial purpose state
water that consists of marine seawater.
(c) A water supply entity
must treat marine seawater so that it meets the water quality level of the
receiving stream before the entity may put the water into a stream under an
authorization granted under Section 11.042.
(d) This section does not
prohibit a water supply entity from conveying water under this section in
any other manner authorized by law, including through the use of facilities
owned or operated by the state if authorized by the state.
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No
equivalent provision. (But see SECTION 5 below.)
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No
equivalent provision. (But see SECTION 4 above and SECTION 7
below.)
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SECTION 5. Subchapter D,
Chapter 11, Water Code, is amended by adding Section 11.156 to read as
follows:
Sec. 11.156. PERMIT OR
PERMIT EXEMPTION FOR DIVERSION AND USE OF MARINE SEAWATER BY WATER SUPPLY
ENTITY. (a) In this section, "water supply entity" includes:
(1) a retail public
utility as defined by Section 13.002;
(2) a wholesale water
supplier; or
(3) an irrigation
district operating under Chapter 58.
(b) A water supply entity
must obtain a permit to divert and use state water that consists of marine
seawater if:
(1) the point of
diversion is located less than six miles from any point located on the coast
of this state; or
(2) the seawater contains
a total dissolved solids concentration based on a yearly average of samples
taken at the water source of less than 20,000 milligrams per liter.
(c) A water supply entity
may divert and use state water that consists of marine seawater without
obtaining a permit if Subsection (b) does not apply.
(d) A water supply entity
may use marine seawater diverted as authorized by a permit issued under
Subsection (b), or as authorized by Subsection (c), for any beneficial
purpose, but only if the seawater is treated in accordance with rules
adopted by the commission before it is used. Rules adopted under this
subsection may impose different treatment requirements based on the purpose
for which the seawater is to be used but must require that the seawater be
treated in accordance with:
(1) Section
341.0316(b)(2), Health and Safety Code, if the water is to be used as
public drinking water;
(2) Section 11.042(a-2)
if the bed and banks of a flowing natural stream in this state or a lake,
reservoir, or other impoundment in this state are to be used to convey the
water; and
(3) Section 26.054(c)(1)
if the water is to be discharged into a flowing natural stream in this
state or a lake, reservoir, or other impoundment in this state.
(e) The commission shall
adopt rules providing an expedited procedure for acting on an application
for a permit under Subsection (b). The rules must provide for notice, an
opportunity for the submission of written comment, and an opportunity for a
contested case hearing regarding commission actions relating to a permit.
(f) The point of
diversion of marine seawater may not be in a bay or estuary.
(g) The commission shall
adopt rules prescribing the number of points from which, and the rate at
which, a facility may divert marine seawater.
(h) The Parks and
Wildlife Department and the General Land Office jointly shall conduct a
study to identify zones in the Gulf of Mexico that are appropriate for the
diversion of marine seawater, taking into account the need to protect
marine organisms, and shall recommend zones for designation by the
commission. Not later than September 1, 2020, the commission shall adopt
rules designating appropriate diversion zones. A diversion zone may be
contiguous to or the same as or may overlap a discharge zone designated
under Section 26.054. The point or points at which a facility may divert
marine seawater must be located in a diversion zone designated by the
commission under rules adopted under this subsection if:
(1) the facility is
authorized by a permit issued under Subsection (b) after the rules are
adopted; or
(2) the facility is
exempt under Subsection (c) from the requirement of a permit and
construction of the facility begins after the rules are adopted.
(i) Until the commission
adopts rules under Subsection (h), a water supply entity must consult the
Parks and Wildlife Department and the General Land Office regarding the
point or points at which the facility the entity proposes to construct may
divert marine seawater before submitting an application for a permit for
the facility if Subsection (b) applies or before beginning construction of
the facility if Subsection (c) applies.
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SECTION 5. Section
16.053(e)(5), Water Code, is amended by adding Subsection (J) as follows:
(J) opportunities for and
the benefits of developing large-scale desalination facilities for marine
seawater that serve local or regional entities or;
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SECTION 6. Section
16.053(e), Water Code, is amended to read as follows:
(e) Each regional water
planning group shall submit to the development board a regional water plan
that:
(1) is consistent with the
guidance principles for the state water plan adopted by the development
board under Section 16.051(d);
(2) provides information
based on data provided or approved by the development board in a format
consistent with the guidelines provided by the development board under
Subsection (d);
(2-a) is consistent with the
desired future conditions adopted under Section 36.108 for the relevant
aquifers located in the regional water planning area as of the date the
board most recently adopted a state water plan under Section 16.051 or, at
the option of the regional water planning group, established subsequent to
the adoption of the most recent plan;
(3) identifies:
(A) each source of water
supply in the regional water planning area, including information supplied
by the executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the development
board under Subsections (d) and (f);
(B) factors specific to each
source of water supply to be considered in determining whether to initiate
a drought response;
(C) actions to be taken as
part of the response; and
(D) existing major water
infrastructure facilities that may be used for interconnections in the
event of an emergency shortage of water;
(4) has specific provisions
for water management strategies to be used during a drought of record;
(5) includes but is not
limited to consideration of the following:
(A) any existing water or
drought planning efforts addressing all or a portion of the region;
(B) approved groundwater
conservation district management plans and other plans submitted under
Section 16.054;
(C) all potentially feasible
water management strategies, including but not limited to improved
conservation, reuse, and management of existing water supplies, conjunctive
use, acquisition of available existing water supplies, and development of
new water supplies;
(D) protection of existing
water rights in the region;
(E) opportunities for and
the benefits of developing regional water supply facilities or providing
regional management of water supply facilities;
(F) appropriate provision
for environmental water needs and for the effect of upstream development on
the bays, estuaries, and arms of the Gulf of Mexico and the effect of plans
on navigation;
(G) provisions in Section
11.085(k)(1) if interbasin transfers are contemplated;
(H) voluntary transfer of
water within the region using, but not limited to, regional water banks,
sales, leases, options, subordination agreements, and financing agreements;
[and]
(I) emergency transfer of
water under Section 11.139, including information on the part of each
permit, certified filing, or certificate of adjudication for nonmunicipal
use in the region that may be transferred without causing unreasonable
damage to the property of the nonmunicipal water rights holder; and
(J) opportunities for and
the benefits of developing large-scale desalination facilities for marine
seawater that serve local or regional entities;
(6) identifies river and
stream segments of unique ecological value and sites of unique value for
the construction of reservoirs that the regional water planning group
recommends for protection under Section 16.051;
(7) assesses the impact of
the plan on unique river and stream segments identified in Subdivision (6)
if the regional water planning group or the legislature determines that a
site of unique ecological value exists;
(8) describes the impact of
proposed water projects on water quality; and
(9) includes information on:
(A) projected water use and
conservation in the regional water planning area; and
(B) the implementation of
state and regional water plan projects, including water conservation
strategies, necessary to meet the state's projected water demands.
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No
equivalent provision. (But see SECTION 7 below.)
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SECTION 7. Subchapter B,
Chapter 26, Water Code, is amended by adding Section 26.054 to read as
follows:
Sec. 26.054. DISCHARGE OF
TREATED MARINE SEAWATER OR WASTE RESULTING FROM DESALINATION OF MARINE
SEAWATER. (a) In this section, "water supply entity" has the
meaning assigned by Section 11.156.
(b) A water supply entity
must obtain a permit to discharge:
(1) marine seawater into
a flowing natural stream in this state or a lake, reservoir, or other
impoundment in this state; or
(2) waste resulting from
the desalination of marine seawater into the Gulf of Mexico.
(c) A water supply entity
must:
(1) treat marine seawater
so as to meet standards that are at least as stringent as the water quality
standards applicable to the receiving stream or impoundment adopted by the
commission before discharging the seawater under a permit described by
Subsection (b)(1); and
(2) comply with all
applicable state and federal requirements when discharging waste resulting
from the desalination of marine seawater into the Gulf of Mexico under a
permit described by Subsection (b)(2).
(d) The commission shall
adopt rules providing an expedited procedure for acting on an application
for a permit under Subsection (b). The rules must provide for:
(1) notice, an
opportunity for the submission of written comment, and an opportunity to
request a public meeting and may authorize a contested case hearing
regarding commission actions relating to a permit described by Subsection
(b)(1);
(2) notice, an
opportunity for the submission of written comment, an opportunity to
request a public meeting, and an opportunity for a contested case hearing
regarding commission actions relating to a permit described by Subsection
(b)(2) if the point of discharge is located within six miles of any point
located on the coast of this state; and
(3) notice and an
opportunity for the submission of written comment regarding commission
actions relating to a permit described by Subsection (b)(2) if Subdivision
(2) of this subsection does not apply.
(e) A water supply entity
may not discharge waste resulting from the desalination of marine seawater
into a bay or estuary.
(f) The Parks and
Wildlife Department and the General Land Office jointly shall conduct a
study to identify zones in the Gulf of Mexico that are appropriate for the
discharge of waste resulting from the desalination of marine seawater,
taking into account the need to protect marine organisms, and shall
recommend zones for designation by the commission. Not later than
September 1, 2020, the commission shall adopt rules designating appropriate
discharge zones. The point at which a facility may discharge waste
resulting from the desalination of marine seawater must be located in a
discharge zone designated by the commission under rules adopted under this
subsection if the facility is authorized by a permit issued under
Subsection (b)(2) after the rules are adopted.
(g) Until the commission
adopts rules under Subsection (f), a water supply entity must consult the
Parks and Wildlife Department and the General Land Office regarding the
point at which the facility the entity proposes to construct may discharge
waste resulting from the desalination of marine seawater before submitting
an application for a permit under Subsection (b)(2) for the facility.
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SECTION 6. Section 16.060,
Water Code, is repealed.
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SECTION 9. Same as introduced
version.
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SECTION 7. Subtitle C, Title
2, Water Code, is amended by adding Chapter 14 to read as follows:
CHAPTER 14. MARINE SEAWATER
DESALINATION PROJECTS AND INTEGRATED MARINE SEAWATER DESALINATION AND POWER
PROJECTS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 14.001. DEFINITIONS.
In this chapter:
(1) "Board" means
the Texas Water Development Board.
(2) "Commission"
means the Texas Commission on Environmental Quality.
(3) "ERCOT" means
the Electric Reliability Council of Texas.
(4) "GLO" means
the General Land Office.
(5) "Political
subdivision" means a city or county or other body politic or corporate
of the state, including any district or authority created under Article
III, Section 52, or Article XVI, Section 59, of the Texas Constitution.
(6) "Project"
means any project to produce water supplies from marine seawater
desalination, any integrated marine seawater desalination and power
project, and any facilities for the storage, conveyance, and delivery of
water.
(7) "PUC" means
the Public Utility Commission.
(8) "School Land
Board" means the Texas School Land Board.
(9) "TPWD" means
the Texas Parks and Wildlife Department.
SUBCHAPTER B. POWERS AND
DUTIES
Sec. 14.021 POWERS AND
DUTIES OF THE BOARD. The commission has general jurisdiction over the
state financial assistance of projects to produce water supplies from
marine seawater desalination, integrated marine seawater desalination and
power projects, and facilities for the storage, conveyance, and delivery of
water.
Sec. 14.022 POWERS AND
DUTIES OF THE COMMISSION. (a) The commission has general jurisdiction over
the permitting of projects to produce water supplies from marine seawater
desalination, integrated marine seawater desalination and power projects,
and facilities for the storage, conveyance, and delivery of water.
(b) The commission shall
consult with the GLO, the School Land Board, the board, the TPWD, the PUC,
and ERCOT, over all aspects of any project or facilities within the scope
of subsection (a) that also fall within the general jurisdiction of each of
those agencies.
Sec. 14.023 POWERS OF
CERTAIN POLITICAL SUBDIVISIONS. A political subdivision that has a defined
territory extending to the Gulf of Mexico may own all or any interest in a
project or facilities within the scope of subsection (a) of section 14.021,
and may sell water produced and power generated from such project.
SUBCHAPTER C. RIGHTS AND
AUTHORIZATIONS
Sec. 14.031 GRANT OF WATER
RIGHT TO CERTAIN POLITICAL SUBDIVISIONS. (a) The political subdivision is
hereby granted the right to divert marine seawater from the Gulf of Mexico
at one or more points of diversion along the Texas coast, to desalinate
such water and supply and use the desalinated water within the state for
all beneficial uses, and to return the concentrated saline water resulting
from the desalination process to the Gulf of Mexico at one or more points
of return.
(b) The political
subdivision is also granted the right to use marine seawater diverted from
the Gulf of Mexico via a desalination project's intake facilities for power
plant cooling or any other beneficial use before the marine seawater is
desalinated, and then to either desalinate the unconsumed marine seawater
or return the unconsumed marine seawater to the Gulf of Mexico via the
project's return facilities.
(c) There are no limitations
on the number of points of diversion or the rate of diversion at any point
of diversion. There are no limitations on the number of points of return or
the rate of return.
(d) The political
subdivision may assign the rights granted to it under this section to any
project to produce water supplies from marine seawater desalination or any
integrated marine seawater desalination and power project, or to the
owner(s) or operator(s) of such project.
Sec. 14.032 APPROVALS OF GLO
AND SCHOOL LAND BOARD REQUIRED. Before construction of any intake or
return facilities may commence, the political subdivision first must obtain
the GLO's and the School Land Board's approvals of the locations of the
points of intake and return and plans and specifications for facilities
located on state lands. The GLO's and School Land Board's review and
approval processes are not subject to the requirements relating to a contested
case hearing under any statute or rule including, without limitation, the
provisions of this chapter or other chapter of the Water Code, Chapter 33,
Natural Resources Code, or Subchapters C-G, Chapter 2001, Government Code.
SUBCHAPTER D. EXPEDITED AND STREAMLINED
PERMITTING
Sec. 14.041 DIRECTION TO
PERMITTING AUTHORITIES (a) This section applies to all applications for
permits or other authorizations, and all applications or requests for
contracts, leases, easements, or grants of interests in property, needed
from any state or local governmental authority for any project and
facilities within the scope of subsection (a) of section 14.021. Such
applications and requests include, but are not limited to, all applications
to the TCEQ for permits or authorizations to discharge under Chapter 26,
Water Code, all applications to the TCEQ for permits or authorizations
under the Texas Clean Air Act, Chapter 382, Health and Safety Code, and all
applications to the School Land Board to acquire rights in coastal public
land under Chapter 33, Natural Resources Code.
(b) All governmental
authorities are directed to expedite and streamline to the extent possible
the processing of and action on all applications and requests.
(c) A governmental
authority's processing of and action on any application for a permit or
other authorization or any application or request for a contract, lease,
easement, or grant of interest in property shall not be subject to the
requirements relating to a contested case hearing under any statute or rule
including, without limitation, the provisions of this chapter or other
chapter of the Water Code, Chapter 33, Natural Resources Code, or
Subchapters C-G, Chapter 2001, Government Code.
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No
equivalent provision. (But see SECTIONS 5 and 7 above.)
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SECTION 8. Section 341.001,
Health and Safety Code, is amended by adding Subdivisions (1-a) and (2-a)
to read as follows:
(1-a) "Desalination
facility" means a facility used for the treatment of brackish water or
marine seawater to remove dissolved mineral salts and other dissolved
solids; and
(2-a) "Marine
seawater" means water that contains a total dissolved solids
concentration based on a yearly average of samples taken at the water
source of more than 10,000 milligrams per liter that is derived from the
Gulf of Mexico or an adjacent bay, estuary, or arm of the Gulf of Mexico.
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No
equivalent provision.
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SECTION 9. Subchapter C,
Chapter 341, Health and Safety Code, is amended by adding Section 341.0359
to read as follows:
Sec. 341.0359.
DESALINATION OF WATER FOR DRINKING WATER. (a) This section applies only to
a desalination facility that is intended to
produce water for the public drinking water supply. This section
does not apply to a desalination facility used to produce nonpotable water.
(b) The commission shall
adopt rules to:
(1) allow water treated
by a desalination facility to be used as public drinking water; and
(2) ensure that water
treated by a desalination facility meets the requirements of Section
341.031 and rules adopted under that section.
(c) A person may not begin construction of a desalination facility
unless the commission approves in writing the plans and specifications for
the facility.
(d) A person may not
begin construction of a desalination facility that treats marine seawater
for the purpose of removing primary or secondary drinking water
contaminants unless the commission approves in
writing a report containing:
(1) a computer model acceptable to the commission;
(2) a pilot study with a minimum 40-day run duration without
treatment intervention to meet federal and state safe drinking water
standards;
(3) data from a similar system installed at another desalination
facility that treats source water of a similar or lower quality; or
(4) a full-scale verification protocol with a minimum 40-day run
duration without treatment intervention to meet federal and state safe
drinking water standards.
(e) If a full-scale verification protocol report is approved, a
person may not send water to a public water distribution system without a
full-scale verification study:
(1) completed after construction; and
(2) approved by the commission.
(f) Not later than the 100th day after the date the commission
receives the report for a proposed desalination facility, the commission
shall review the report and issue an exception response letter that may
contain conditions for approval.
(g) Not later than the 60th day after the date the commission
receives the plans and specifications for a proposed desalination facility,
the commission shall review the plans and specifications and issue a
response letter that may contain conditions for approval.
(h) A person violates this section if the person fails to meet a
condition for approval in a letter issued to the person under Subsection
(f) or (g).
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SECTION 8. Subchapter C,
Chapter 341, Health and Safety Code, is amended by adding Section 341.0316
to read as follows:
Sec. 341.0316.
DESALINATION OF MARINE SEAWATER FOR DRINKING WATER. (a) This section
applies only to a desalination facility that is intended to treat marine seawater for the purpose of
producing water for the public drinking water supply. This section
does not apply to a desalination facility used to produce nonpotable water.
(b) The commission shall
adopt rules to:
(1) allow water treated
by a desalination facility to be used as public drinking water; and
(2) ensure that water
treated by a desalination facility meets the requirements of Section
341.031 and rules adopted under that section.
(c) A person may not
begin construction of a desalination facility that treats marine seawater
for the purpose of removing primary or secondary drinking water
contaminants unless the commission approves the
construction of the facility.
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SECTION 10. EFFECTIVE DATE
OF THIS ACT. This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by Section
39, Article III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this Act takes effect September 1, 2015.
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SECTION 10. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
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