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A BILL TO BE ENTITLED
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AN ACT
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relating to the incorporation of climate and precipitation |
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forecasts in state, regional, and local water planning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.051(a), (a-1), and (d), Water Code, |
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are amended to read as follows: |
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(a) Not later than January 5, 2017 [2002], and before the |
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end of each successive five-year period after that date, the board |
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shall prepare, develop, formulate, and adopt a comprehensive state |
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water plan that incorporates the regional water plans approved |
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under Section 16.053. The state water plan shall provide for the |
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orderly development, management, and conservation of water |
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resources and preparation for and response to drought conditions |
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and the potential effects of climate change and precipitation |
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changes, in order that sufficient water will be available at a |
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reasonable cost to ensure public health, safety, and welfare; |
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further economic development; and protect the agricultural and |
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natural resources of the entire state. |
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(a-1) The state water plan must include: |
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(1) an evaluation of the state's progress in meeting |
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future water needs, including an evaluation of the extent to which |
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water management strategies and projects implemented after the |
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adoption of the preceding state water plan have affected that |
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progress; [and] |
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(2) an analysis of the number of projects included in |
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the preceding state water plan that received financial assistance |
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from the board; and |
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(3) consideration of the potential effects of climate |
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change and precipitation changes on the water supply in this state, |
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based on forecasts developed under Section 16.057. |
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(d) The board, in coordination with the commission, the |
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Department of Agriculture, and the Parks and Wildlife Department, |
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shall adopt by rule guidance principles for the state water plan |
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which reflect the public interest of the entire state. When |
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adopting guidance principles, due consideration shall be given to |
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the construction and improvement of surface water resources, [and] |
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the application of principles that result in voluntary |
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redistribution of water resources, and the potential effects of |
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climate change and precipitation changes. The board shall review |
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and update the guidance principles, with input from the commission, |
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the Department of Agriculture, and the Parks and Wildlife |
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Department, as necessary but at least every five years to coincide |
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with the five-year cycle for adoption of a new water plan as |
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described in Subsection (a). |
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SECTION 2. Sections 16.053(a) and (e), Water Code, are |
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amended to read as follows: |
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(a) The regional water planning group in each regional water |
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planning area shall prepare a regional water plan, using an |
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existing state water plan identified in Section 16.051 [of this
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code] and local water plans prepared under Section 16.054 [of this
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code] as a guide, if present, that provides for the orderly |
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development, management, and conservation of water resources and |
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preparation for and response to drought conditions and the |
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potential effects of climate change and precipitation changes in |
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order that sufficient water will be available at a reasonable cost |
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to ensure public health, safety, and welfare; further economic |
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development; and protect the agricultural and natural resources of |
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that particular region. |
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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) the potential effects of climate change and |
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precipitation changes on the water supply in the regional water |
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planning area, based on forecasts developed under Section 16.057; |
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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 3. Subchapter C, Chapter 16, Water Code, is amended |
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by adding Section 16.057 to read as follows: |
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Sec. 16.057. CLIMATE AND PRECIPITATION FORECASTS. (a) The |
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Texas state climatologist shall periodically provide to the board |
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for use in the water planning processes described by this |
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subchapter climate and precipitation forecasts that are reasonably |
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specific and use the best available science. |
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(b) In the process of producing a forecast under this |
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section, the Texas state climatologist shall examine weather |
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patterns from the 25-year period that precedes the forecast. |
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(c) A forecast provided to the board under this section must |
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project climate or precipitation patterns for at least the 25-year |
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period following the forecast. |
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(d) The board shall notify the Texas state climatologist of |
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dates that are appropriate or convenient during the water planning |
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processes described by this subchapter for the board to receive the |
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forecasts. |
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(e) The board shall: |
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(1) provide forecasts received under this section to |
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each regional water planning group; and |
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(2) make the forecasts available to entities that |
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participate in preparing local water plans under Section 16.054. |
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SECTION 4. (a) It is the goal of the legislature that the |
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2017 state water plan required to be adopted by the Texas Water |
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Development Board comply with this Act. |
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(b) Notwithstanding Subsection (a) of this section, the |
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changes in law made by this Act apply only to a state water plan |
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prepared by the Texas Water Development Board after the Texas state |
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climatologist makes available the climate and precipitation |
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forecasts required under Section 16.057, Water Code, as added by |
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this Act. A state water plan prepared before the forecasts are |
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available is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(c) Notwithstanding Subsection (a) of this section, the |
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changes in law made by this Act apply only to a regional water plan |
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submitted by a regional water planning group to the Texas Water |
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Development Board after the Texas state climatologist makes |
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available the climate and precipitation forecasts required under |
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Section 16.057, Water Code, as added by this Act. A regional water |
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plan submitted before the forecasts are available is governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |