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A BILL TO BE ENTITLED
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AN ACT
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relating to the diversion and discharge of water for desalination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Water Code, is amended by adding |
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Section 18.006 to read as follows: |
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Sec. 18.006. DIVERSION AND DISCHARGE OF WATER FOR |
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DESALINATION STUDY. (a) The commission shall conduct a joint study |
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with the Parks and Wildlife Department and the General Land Office |
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to determine the appropriateness of diversion of water from a bay or |
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an arm of the Gulf of America for desalination, and identify |
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specific factors and tolerances that are appropriate for the |
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discharge of waste from desalination of treated marine seawater or |
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brackish water in a bay or an arm of the Gulf of America, taking into |
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account the need to protect marine organisms, local industries that |
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depend on these coastal resources, and the overall ecological and |
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health of the bays. The study shall include, but is not limited to, |
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the following factors: |
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(1) acceptable brine concentrate salinity; |
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(2) toxicity of brine concentrate; |
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(3) ambient temperature of brine concentrate; |
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(4) velocity within the mixing zone; |
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(5) cumulative volume of discharge relative to bay |
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circulation and exchange; |
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(6) location factors for discharges to minimize: |
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(i) potential detrimental impacts on marine |
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organisms, and |
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(ii) potential impairment of benefits to marine |
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organisms from freshwater inflows. |
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(b) Not later than September 1, 2026, the commission shall |
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complete a report on the results of the study. The report must |
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include, if diversion is determined to be appropriate in any bay or |
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arm of the Gulf of America, recommended tolerances by location for |
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each factor listed in subsection (a), any other factors necessary |
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to protect marine organisms and local industry dependent on those |
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resources in a specific location from impacts of such diversions |
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and discharges, and a standardized modeling application for permit |
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applications. |
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(c) Not later than September 1, 2027, the commission by rule |
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shall: |
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(1) determine if diversion for desalination is allowable in |
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a bay or an arm of the Gulf of Mexico and, |
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(2) designate appropriate locations, factors, and |
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tolerances for discharge of waste resulting from the desalination |
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of treated marine seawater or brackish water in a bay or an arm of |
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the Gulf of America under this chapter and Chapter 26; and |
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(3) designate a standardized modeling approach and |
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application for permit applications for desalination with a |
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proposed discharge point located in a bay or an arm of the Gulf of |
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America under this chapter or Chapter 26. |
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(d) Until the commission adopts rules under Subsection (b), |
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a person must consult the Parks and Wildlife Department and the |
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General Land Office regarding the point or points from which a |
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facility the person proposes to construct may divert or discharge |
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marine seawater or brackish water before submitting an application |
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for a permit for the facility under this chapter, Chapter 11, or |
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Chapter 26 or before beginning construction of the facility if the |
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diversion or discharge is proposed for a bay or arm of the Gulf of |
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America. An accurate summary of the results of the consultation |
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process must be included as part of the application and considered |
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by the commission in its decision process. |
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SECTION 2. This Act takes effect September 1, 2025. |