Romero Desalination Bill Puts Bay Rules Off Until 2027

The text as introduced · 547 words

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.