Seawater Desalination: A Legislative Achievement From The 84th Texas Legislative Session: HB 4097
Since the 84th Texas Legislative Session has come to a close, I want to take this opportunity to take a look at some of the bills that I had a privilege to work on for our area. Each legislative session, there are a number of priorities facing the state and it is important that we examine some of these pieces of legislation that will be impacting the Coastal Bend. House Bill 4097 is an important bill that we passed this session dealing with seawater desalination here in the state of Texas.
I want to feature some of the themes of the desalination bill. Here is a summary of some of the important things to know about HB 4097.
• The Public Utilities Commission (PUC) will study whether transmission and distribution lines can align with seawater desalination projects in their biennial “Scope of Competition” report. The study will come out every odd numbered year before each legislative session. The PUC will also examine the demand response potential in the Scope of Competition report.
• Provides for a permit exemption for desalination of seawater for use for industrial purposes. You can divert and use state seawater without a permit if the point of diversion is more than three miles away from the coast or over 20,000 Total Dissolved Solids (TDS) which is very salty water.
• Persons will need to provide a year’s worth of data to the Texas Commission on Environmental Quality (TCEQ) that the water is over 20,000 TDS to begin construction of a seawater desalination facility – or, you can get a permit.
• In our case, since it is the Gulf of Mexico, there is no requirement for a water availability study.
• The bill would permit that application processes should be expedited, and TCEQ will adopt rules for this.
• Notice and contested case hearings could be held in obtaining a permit.
• Establishes a component for discharging water treatment residuals from industrial seawater desalination projects.
• TCEQ will evaluate the proposed discharge into the Gulf and see if proposals will comply with TCEQ and federal law.
• Authorizes disposal from “water treatment residuals produced by the desalination of seawater” with a permit. Note that this language is not specific to industrial seawater desalination projects.
• Indicates that general permits can allow for disposal of concentrate with injection wells. Also includes language that will line up with the federal rules on injection wells.
Ultimately, this desalination bill (HB 4097) will:
• Seek to promote seawater desalination on a broad level within the state of Texas.
• Expedite the permitting processes for water diversion.
• Establish that you can divert without a permit if the point of diversion is more than three miles seaward or over 20,000 TDS.
I invite you to follow the governor’s latest actions by going to Office of the Governor Gregg Abbot or to see the bills that have already been signed, please visit Office of the Governor bills . If you would like to see more about the legislature, please visit the Texas Legislature Online .
If you have questions regarding any of the information mentioned in this week’s article, please do not hesitate to call my Capitol or District Office. Please always feel free to contact my office if you have any questions or issues regarding a Texas state agency, or if you would like to contact my office regarding constituent services. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).
– State Representative Todd Hunter, District 32
Rep. Hunter represents Nueces (Part) County. He can be contacted at todd.hunter@house.state.tx.us or at 512-463-0672.
