HB4896 - Relating to rules and reports related to brackish groundwater production zones.

  89R13827 JBD-D     By: Garcia of Bexar H.B. No. 4896       A BILL TO BE ENTITLED   AN ACT   relating to rules and reports related to brackish groundwater   production zones.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 16.060(b), Water Code, is amended to   read as follows:          (b)  The board shall prepare a biennial progress report on   the implementation of seawater or brackish groundwater   desalination activities in the state and shall submit it to the   governor, lieutenant governor, and speaker of the house of   representatives not later than December 1 of each even-numbered   year. The report shall include:                (1)  results of the board's studies and activities   relative to seawater or brackish groundwater desalination during   the preceding biennium;                (2)  identification and evaluation of research,   regulatory, technical, and financial impediments to the   implementation of seawater or brackish groundwater desalination   projects;                (3)  evaluation of the role the state should play in   furthering the development of large-scale seawater or brackish   groundwater desalination projects in the state;                (4)  the anticipated appropriation from general   revenues necessary to continue investigating water desalination   activities in the state during the next biennium; and                (5)  identification and designation of local or   regional brackish groundwater production zones in areas of the   state with moderate to high availability and productivity of   brackish groundwater that can be used to reduce the use of fresh   groundwater and that:                      (A)  are separated by hydrogeologic barriers   sufficient to prevent significant impacts to water availability or   water quality in any area of the same or other aquifers,   subdivisions of aquifers, or geologic strata that have an average   total dissolved solids level of 1,000 milligrams per liter or less   at the time of designation of the zones; and                      (B)  are not located in:                            (i)  an area of the Edwards Aquifer subject   to the jurisdiction of the Edwards Aquifer Authority;                            (ii)  the boundaries of the:                                  (a)  Barton Springs-Edwards Aquifer   Conservation District;                                  (b)  Harris-Galveston Subsidence   District; or                                  (c)  Fort Bend Subsidence District; or                            (iii)  an aquifer, subdivision of an   aquifer, or geologic stratum that:                                  (a)  has an average total dissolved   solids level of more than 1,000 milligrams per liter; and                                  (b)  is serving as a significant source   of water supply for municipal, domestic, or agricultural purposes   at the time of designation of the zones[ ; or                            [ (iv)     an area of a geologic stratum that is   designated or used for wastewater injection through the use of   injection wells or disposal wells permitted under Chapter 27 ].          SECTION 2.  Sections 36.1015(e) and (i), Water Code, are   amended to read as follows:          (e)  The rules adopted under this section must:                (1)  provide for processing an application for a   brackish groundwater production zone operating permit in the same   manner as an application for an operating permit for a fresh   groundwater well, except as provided by this section;                (2)  allow withdrawals and rates of withdrawal of   brackish groundwater from a designated brackish groundwater   production zone not to exceed and consistent with the withdrawal   amounts identified in Section 16.060(e);                (3)  provide for a minimum term of 30 years for a permit   issued for a well that produces brackish groundwater from a   designated brackish groundwater production zone;                (4)  require implementation of a monitoring system   recommended by the development board to monitor water levels and   water quality in the same or an adjacent aquifer, subdivision of an   aquifer, or geologic stratum in which the designated brackish   groundwater production zone is located;                (5)  for a project located in a designated brackish   groundwater production zone in the Gulf Coast Aquifer, require   reasonable monitoring by the district of land elevations to   determine if production from the project is causing or is likely to   cause subsidence during the permit term;                (6)  require from the holder of a permit issued under   rules adopted under this section annual reports that must include:                      (A)  the amount of brackish groundwater   withdrawn;                      (B)  the annual [ average monthly ] water quality of   the brackish groundwater withdrawn and in the monitoring wells; and                      (C)  aquifer levels as measured in accordance with   Subdivision (4) by monitoring wells required by the permit in :                             (i)   [ both ] the designated brackish   groundwater production zone ; and                             (ii) [ in ] any aquifer, subdivision of an   aquifer, or geologic stratum [ for which the permit requires   monitoring ];                (7)  provide greater access to brackish groundwater by   simplifying procedure, avoiding delay in permitting, saving   expense for the permit seeker, and providing flexibility to permit   applicants and the district;                (8)  be consistent with and not impair property rights   described by Sections 36.002(a) and (b); and                (9)  specify all additional information that must be   included in an application.          (i)  The district may [ not ] schedule a hearing on the   application before [ until ] the district receives the report from   the development board described by Subsection (h).          SECTION 3.  This Act takes effect September 1, 2025.