TCEQ held a stakeholder meeting to discuss HB 2031 and HB 4097 which require rule changes and to hear public comment from stakeholders.
Overview of House Bill 2031 and House Bill 4097
HB 2031, Lucio III, Relating to the development and production of marine seawater desalination, integrated marine seawater desalination, and facilities for the storage, conveyance, and delivery of desalinated marine seawater.
- Allows diversion and use of state marine seawater for beneficial purposes and establishes permitting requirements for diversion of marine seawater, the conveyance of treated seawater, and the discharge of desalination waste
- TCEQ must adopt expedited permit process providing for notice, an opportunity to submit written comments, and an opportunity for a contested case hearing
- Creates Texas Water Code 18
HB 4097, Hunter, Relating to seawater desalination projects.
- Requires studies related to the desalination of seawater
- Allows TCEQ to issue a permit authorizing a diversion of state water from the Gulf of Mexico or an arm of the Gulf of Mexico for desalination and use for industrial purposes
- TCEQ must adopt expedited permit process
- Creates Texas Water Code 11.1045 and 26.0272 and amends Texas Water Code 27.021 and 27.025
Rulemaking Schedule
Rulemaking schedule is as follows:
- Proposal of rules in Spring of 2016
- Public comment taken in late Spring/early Summer of 2016
- Adoption of full agenda in Fall of 2016
Comments from stakeholders regarding bills and associated rulemaking
Dr. Norman Johns, National Wildlife Federation
- HB 2031 is more holistic in its description of the permitting process
- Would like to see the rule reflect the more complete permitting process described in HB 2031 and that rules for HB 2031 and HB 4097 are analogous
- Wants to make sure that impingement and entrainment concerns are balanced with need for desalination process
James Lee Murphy, Guadalupe Blanco River Authority
- We need to avoid the danger getting carried away with everything that could possibly go wrong in desalination process
- Desalination adds new sources of water supply and is important
Ken Kramer, Sierra Club
- Good legislation overall, but there are areas where the bills are not strictly aligned
- It is to the benefit of applicants and the public that the guidelines for HB 2031 and HB 4097 are meshed together
- Asks what TCEQ anticipates as far as cooperation with other agencies in rulemaking process
- TCEQ reached out to GLO and the Parks and Wildlife Department about stakeholder meeting and welcomes their input
- Asks what TCEQ currently has in rules relating to impingement and entrainment?
- TCEQ asks applicants what they intend to do in order to minimize impingement and entrainment and decide it the plan is adequate
Meeting adjourned