88R7427 SCP-F
 
  By: Price, Rogers, Gamez, Kacal, Ashby H.B. No. 3278
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the joint planning of desired future conditions in
  groundwater management areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.108, Water Code, is amended by
  amending Subsections (d-2) and (d-3) and adding Subsection (d-2a)
  to read as follows:
         (d-2)  The desired future conditions proposed under
  Subsection (d) must provide a balance between the highest
  practicable level of groundwater production and the conservation,
  preservation, protection, recharging, and prevention of waste of
  groundwater and control of subsidence in the management area.  This
  subsection does not prohibit the establishment of desired future
  conditions that provide for the reasonable long-term management of
  groundwater resources consistent with the management goals under
  Section 36.1071(a).  The desired future conditions proposed under
  Subsection (d) must be approved by a two-thirds vote of all the
  district representatives for distribution to the districts in the
  management area.  A period of not less than 90 days for public
  comments begins on the day the proposed desired future conditions
  are mailed to the districts.  During the public comment period and
  after posting notice as required by Section 36.063, each district
  shall hold a public hearing on any proposed desired future
  conditions relevant to that district.  During the public comment
  period, the district shall make available in its office a copy of
  the proposed desired future conditions and any supporting
  materials, such as the documentation of factors considered under
  Subsection (d) and groundwater availability model run results.  
  After the close of the public comment period, the district shall
  compile and submit to the district representatives for
  consideration at the next joint planning meeting:
               (1)  a summary of relevant comments received;
               (2)  [,] any suggested revisions to the proposed
  desired future conditions, and the basis for those [the] revisions;
  and
               (3)  any supporting materials, including new or revised
  groundwater availability model run results.
         (d-2a)  The information compiled and submitted to the
  district representatives under Subsection (d-2) must be made
  available on a generally accessible Internet website maintained on
  behalf of the management area for not less than 30 days.
         (d-3)  After each [all the districts have submitted their]
  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) [summaries], the district representatives shall
  reconvene for a joint planning meeting to review the information
  required under Subsection (d-2) [reports], 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. The desired future conditions
  must be approved by a resolution adopted by a two-thirds vote of all
  the district representatives not later than January 5, 2022.
  Subsequent desired future conditions must be proposed and finally
  adopted by the district representatives before the end of each
  successive five-year period after that date. The district
  representatives shall 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. The report must:
               (1)  identify each desired future condition;
               (2)  provide the policy and technical justifications
  for each desired future condition;
               (3)  include documentation that the factors under
  Subsection (d) were considered by the districts and a discussion of
  how the adopted desired future conditions impact each factor;
               (4)  list other desired future condition options
  considered, if any, and the reasons why those options were not
  adopted; 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.
         SECTION 2.  Section 36.108, Water Code, as amended by this
  Act, applies only to the proposal and adoption of a desired future
  condition that occurs on or after the effective date of this Act.  A
  desired future condition proposed or adopted before the effective
  date of this Act is governed by the law in effect on the date the
  desired future condition was proposed or adopted, and that law is
  continued in effect for that purpose.
         SECTION 3.  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, 2023.