Texas 2009 - 81st Regular

Texas Senate Bill SB274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1735 JTS-D
2	2	By: Nichols S.B. No. 274
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on the location of injection wells.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 361.1011, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 361.1011. PROHIBITION ON PERMIT FOR FACILITY AFFECTED
12	12	BY FAULT. If [a fault exists within two and one-half miles from the
13	13	proposed or existing wellbore of a Class I injection well or the
14	14	area within the cone of influence, whichever is greater, or if] a
15	15	fault exists within 3,000 feet of a proposed hazardous waste
16	16	management facility [other than a Class I injection well] or of a
17	17	capacity expansion of an existing hazardous waste management
18	18	facility, the burden is on the applicant, unless previously
19	19	demonstrated to the commission or to the United States
20	20	Environmental Protection Agency, to show that:
21	21	(1) [in the case of Class I injection wells, that the
22	22	fault is not sufficiently transmissive or vertically extensive to
23	23	allow migration of hazardous constituents out of the injection
24	24	zone; or
25	25	[(2) in the case of a proposed hazardous waste
26	26	management facility other than a Class I injection well or for a
27	27	capacity expansion of an existing hazardous waste management
28	28	facility, that:
29	29	[(A)] the fault has not had displacement within
30	30	Holocene time, or if faults have had displacement within Holocene
31	31	time, that no such faults pass within 200 feet of the portion of the
32	32	surface facility where treatment, storage, or disposal of hazardous
33	33	wastes will be conducted; and
34	34	(2) [(B)] the fault will not result in structural
35	35	instability of the surface facility or provide for groundwater
36	36	movement to the extent that there is endangerment to human health or
37	37	the environment.
38	38	SECTION 2. Subchapter D, Chapter 27, Water Code, is amended
39	39	by adding Sections 27.057, 27.058, 27.059, 27.060, 27.061, and
40	40	27.062 to read as follows:
41	41	Sec. 27.057. PROHIBITION ON PERMIT FOR INJECTION WELL IN
42	42	CERTAIN AREAS. The commission may not issue a permit for an
43	43	injection well if the well is to be located:
44	44	(1) on the recharge zone of an aquifer designated as a
45	45	sole source aquifer under Section 1424(e), Safe Drinking Water Act
46	46	of 1974 (42 U.S.C. Section 300h-3(e)); or
47	47	(2) in an oil field from which commercial production
48	48	of oil began before 1935.
49	49	Sec. 27.058. PROHIBITION ON PERMIT FOR INJECTION WELL
50	50	WITHIN CERTAIN DISTANCE OF RESIDENCE, CHURCH, SCHOOL, DAY-CARE
51	51	CENTER, PARK, OR PUBLIC DRINKING WATER SUPPLY. (a) The commission
52	52	by rule shall prohibit the issuance of a permit for an injection
53	53	well if the well is to be located within one-half mile (2,640 feet)
54	54	of an established:
55	55	(1) residence;
56	56	(2) church;
57	57	(3) school;
58	58	(4) day-care center;
59	59	(5) surface water body used for a public drinking
60	60	water supply; or
61	61	(6) dedicated public park.
62	62	(b) The commission by rule shall prohibit the issuance of a
63	63	permit for an injection well that is proposed to be located at a
64	64	distance greater than one-half mile (2,640 feet) from a location
65	65	described by Subsection (a) unless the applicant demonstrates that
66	66	the well will be operated so as to safeguard public health and
67	67	welfare and protect physical property and the environment, at any
68	68	distance beyond the well's property boundaries, consistent with the
69	69	purposes of this chapter.
70	70	(c) The measurement of distance required by Subsections (a)
71	71	and (b) shall be taken toward an established residence, church,
72	72	school, day-care center, surface water body used for a public
73	73	drinking water supply, or dedicated park that is in use when the
74	74	notice of intent to file a permit application is filed with the
75	75	commission or, if no notice of intent is filed, when the permit
76	76	application is filed with the commission. The restriction imposed
77	77	by Subsection (a) does not apply if the residence, church, school,
78	78	day-care center, surface water body used for a public drinking
79	79	water supply, or dedicated park is located on property that is owned
80	80	by the permit applicant and that is adjacent to the well for which
81	81	the application is filed.
82	82	Sec. 27.059. PROHIBITION ON PERMIT FOR INJECTION WELL
83	83	AFFECTED BY FAULT. The commission may not issue a permit for an
84	84	injection well if a fault exists within two and one-half miles from
85	85	the proposed or existing wellbore of an injection well or the area
86	86	within the cone of influence, whichever is greater, unless the
87	87	applicant can demonstrate that the fault is not sufficiently
88	88	transmissive or vertically extensive to allow migration of
89	89	hazardous constituents out of the injection zone.
90	90	Sec. 27.060. OTHER AREAS UNSUITABLE FOR INJECTION WELLS.
91	91	The commission by rule shall define the characteristics that make
92	92	other areas unsuitable for an injection well, including
93	93	consideration of characteristics related to:
94	94	(1) flood hazards;
95	95	(2) discharge from or recharge to a groundwater
96	96	aquifer;
97	97	(3) soil conditions;
98	98	(4) areas of direct drainage within one mile of a lake
99	99	used to supply public drinking water;
100	100	(5) active geological processes;
101	101	(6) coastal high hazard areas, such as areas subject
102	102	to hurricane storm surge and shoreline erosion; or
103	103	(7) critical habitat of endangered species.
104	104	Sec. 27.061. PROHIBITION ON PERMIT FOR INJECTION WELL IN
105	105	UNSUITABLE AREA. The commission by rule shall prohibit the
106	106	issuance of a permit for a new injection well if the well is to be
107	107	located in an area determined to be unsuitable under rules adopted
108	108	by the commission under Section 27.060 unless the design,
109	109	construction, and operational features of the well will prevent
110	110	adverse effects from unsuitable site characteristics.
111	111	Sec. 27.062. PETITION BY LOCAL GOVERNMENT FOR RULE ON
112	112	INJECTION WELL IN UNSUITABLE AREA. (a) The commission by rule
113	113	shall allow a local government to petition the commission for a rule
114	114	that restricts or prohibits the siting of a new injection well in an
115	115	area specified by the petition, including an area that has one or
116	116	more of the characteristics described by Section 27.060.
117	117	(b) A rule adopted under this section may not affect the
118	118	siting of a new injection well if an application or a notice of
119	119	intent to file an application concerning the well is filed with the
120	120	commission before the filing of a petition under this section.
121	121	SECTION 3. The changes in law made by this Act apply to
122	122	permit applications pending before the Texas Commission on
123	123	Environmental Quality on or after the effective date of this Act. A
124	124	permit issued before the effective date of this Act is governed by
125	125	the law in effect when the permit was issued, and the former law is
126	126	continued in effect for that purpose.
127	127	SECTION 4. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2009.