BILL ANALYSIS

Senate Research Center	H.B. 3278
88R7427 SCP-F	By: Price et al. (Blanco)
	Water, Agriculture & Rural Affairs
	5/11/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Texas Water Conservation Association's groundwater committee is a diverse group of stakeholders that includes groundwater districts, water utilities, and individuals interested in groundwater issues. During the committee process, an issue was raised relating to groundwater management area joint planning and providing notice relating to the adoption of desired future conditions, including in a potential situation where a management area may adopt desired future conditions that are different from what was proposed for public comment in the area's individual districts.

H.B. 3278 seeks to ensure sufficient opportunity for stakeholders to digest and respond to potential revisions before the adoption of desired future conditions by revising procedures relating to the compilation, submission, and accessibility of information by a groundwater conservation district after the close of a public comment period on proposed desired future conditions.

H.B. 3278 amends current law relating to the joint planning of desired future conditions in groundwater management areas.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.108, Water Code, by amending Subsections (d-2) and (d-3) and adding Subsection (d-2a), as follows:

(d-2) Requires the district, after the close of the public comment period, to compile and submit to the district representatives for consideration at the next joint planning meeting:

(1)-(2) creates these subdivisions from existing text and makes nonsubstantive changes; and

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(3)  any supporting materials, including new or revised groundwater availability model run results.

(d-2a) Requires that the information compiled and submitted to the district representatives under Subsection (d-2) be made available on a generally accessible Internet website maintained on behalf of the management area for not less than 30 days.

(d-3) Requires the district representatives, after each district has submitted to the district representatives the information required under Subsection (d-2) and made the information available for the required period of time under Subsection (d-2a), to reconvene for a joint planning meeting to review the information required under Subsection (d-2), consider any district's suggested revisions to the proposed desired future conditions, receive public comment, and finally adopt the desired future conditions for the management area. Requires that the district representatives produce a desired future conditions explanatory report for the management area and submit to the development board and each district in the management area proof that notice was posted for the joint planning meeting, a copy of the resolution, and a copy of the explanatory report.� Requires that the report:

(1)-(4) makes no changes to these subdivisions; and

(5) discuss reasons why recommendations made by advisory committees and relevant public comments received by the districts during the public comment period or at the joint planning meeting were or were not incorporated into the desired future conditions.

Deletes existing text requiring that the district representatives, after all of the districts have submitted their district summaries, reconvene to review the reports. �

SECTION 2. Makes application of Section 36.108, Water Code, as amended by this Act, prospective.

SECTION 3. Effective date: upon passage or September 1, 2023.