HB5493 - Relating to the diversion and discharge of water for desalination.

      By: Romero H.B. No. 5493       A BILL TO BE ENTITLED   AN ACT   relating to the diversion and discharge of water for desalination.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 18, Water Code, is amended by adding   Section 18.006 to read as follows:          Sec. 18.006.   DIVERSION AND DISCHARGE OF WATER FOR   DESALINATION STUDY. (a) The commission shall conduct a joint study   with the Parks and Wildlife Department and the General Land Office   to determine the appropriateness of diversion of water from a bay or   an arm of the Gulf of America for desalination, and identify   specific factors and tolerances that are appropriate for the   discharge of waste from desalination of treated marine seawater or   brackish water in a bay or an arm of the Gulf of America, taking into   account the need to protect marine organisms, local industries that   depend on these coastal resources, and the overall ecological and   health of the bays. The study shall include, but is not limited to,   the following factors:                 (1)  acceptable brine concentrate salinity;                 (2)  toxicity of brine concentrate;                 (3)  ambient temperature of brine concentrate;                 (4)  velocity within the mixing zone;                 (5)     cumulative volume of discharge relative to bay   circulation and exchange;                 (6)  location factors for discharges to minimize:                       (i)     potential detrimental impacts on marine   organisms, and                       (ii)     potential impairment of benefits to marine   organisms from freshwater inflows.           (b)     Not later than September 1, 2026, the commission shall   complete a report on the results of the study.   The report must   include, if diversion is determined to be appropriate in any bay or   arm of the Gulf of America, recommended tolerances by location for   each factor listed in subsection (a), any other factors necessary   to protect marine organisms and local industry dependent on those   resources in a specific location from impacts of such diversions   and discharges, and a standardized modeling application for permit   applications.           (c)     Not later than September 1, 2027, the commission by rule   shall:           (1)     determine if diversion for desalination is allowable in   a bay or an arm of the Gulf of Mexico and,           (2)     designate appropriate locations, factors, and   tolerances for discharge of waste resulting from the desalination   of treated marine seawater or brackish water in a bay or an arm of   the Gulf of America under this chapter and Chapter 26; and           (3)     designate a standardized modeling approach and   application for permit applications for desalination with a   proposed discharge point located in a bay or an arm of the Gulf of   America under this chapter or Chapter 26.           (d)     Until the commission adopts rules under Subsection (b),   a person must consult the Parks and Wildlife Department and the   General Land Office regarding the point or points from which a   facility the person proposes to construct may divert or discharge   marine seawater or brackish water before submitting an application   for a permit for the facility under this chapter, Chapter 11, or   Chapter 26 or before beginning construction of the facility if the   diversion or discharge is proposed for a bay or arm of the Gulf of   America.   An accurate summary of the results of the consultation   process must be included as part of the application and considered   by the commission in its decision process.          SECTION 2.  This Act takes effect September 1, 2025.