Texas 2015 - 84th Regular

Texas Senate Bill SB1903 Compare Versions

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1	1	By: Perry S.B. No. 1903
2	2	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3	3	first time and referred to Committee on Agriculture, Water, and
4	4	Rural Affairs; April 16, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 16, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1903 By: Perry
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the storage and recovery of water in aquifers;
14	14	authorizing fees and surcharges; adding provisions subject to a
15	15	criminal penalty.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Sections 11.153(a), (b), and (c), Water Code,
18	18	are amended to read as follows:
19	19	(a) In this section, "aquifer storage and recovery project"
20	20	has the meaning assigned by Section 27.151 [The commission shall
21	21	investigate the feasibility of storing appropriated water in
22	22	various types of aquifers around the state by encouraging the
23	23	issuance of temporary or term permits for demonstration projects
24	24	for the storage of appropriated water for subsequent retrieval and
25	25	beneficial use].
26	26	(b) A water right holder or a person who has contracted for
27	27	the use of water under a contract that does not prohibit the use of
28	28	the water in an aquifer storage and recovery project may undertake
29	29	an aquifer storage and recovery project without obtaining any
30	30	additional authorization under this chapter for the project. A
31	31	person described by this subsection undertaking an aquifer storage
32	32	and recovery project must:
33	33	(1) obtain any required authorizations under
34	34	Subchapter G, Chapter 27, and Subchapter N, Chapter 36; and
35	35	(2) comply with the terms of the applicable water
36	36	right [A permit described by Subsection (a) must be for only the
37	37	duration of the pilot project to provide the commission and the
38	38	board further opportunity to evaluate the storage of appropriated
39	39	water in aquifers for subsequent retrieval and beneficial use].
40	40	(c) This section does not preclude the commission from
41	41	considering an aquifer storage and recovery project to be a
42	42	component of a project permitted under this chapter that is not
43	43	required to be based on the continuous availability of historic,
44	44	normal stream flow [At the conclusion of a pilot project, a permit
45	45	holder may file an appropriate application for a permit or permit
46	46	amendment. After considering the success of the project and the
47	47	criteria set out in Section 11.154, the commission shall determine
48	48	whether to issue a permit or permit amendment authorizing the
49	49	continued storage of appropriated water in the aquifer].
50	50	SECTION 2. Chapter 27, Water Code, is amended by adding
51	51	Subchapter G to read as follows:
52	52	SUBCHAPTER G. AQUIFER STORAGE AND RECOVERY PROJECTS
53	53	Sec. 27.151. DEFINITIONS. In this subchapter:
54	54	(1) "Aquifer storage and recovery project" means a
55	55	project involving the injection of water into a geologic formation
56	56	for the purpose of subsequent recovery and beneficial use by the
57	57	project operator.
58	58	(2) "ASR injection well" means a Class V injection
59	59	well used for the injection of water into a geologic formation as
60	60	part of an aquifer storage and recovery project.
61	61	(3) "ASR recovery well" means a well used for the
62	62	recovery of water from a geologic formation as part of an aquifer
63	63	storage and recovery project.
64	64	(4) "Native groundwater" means the groundwater
65	65	naturally occurring in a geologic formation.
66	66	(5) "Project operator" means a person holding an
67	67	authorization under this subchapter to undertake an aquifer storage
68	68	and recovery project.
69	69	Sec. 27.152. JURISDICTION. The commission has exclusive
70	70	jurisdiction over the regulation and permitting of ASR injection
71	71	wells.
72	72	Sec. 27.153. AUTHORIZATION FOR USE OF CLASS V INJECTION
73	73	WELLS. (a) The commission may authorize the use of a Class V
74	74	injection well as an ASR injection well:
75	75	(1) by rule;
76	76	(2) under an individual permit; or
77	77	(3) under a general permit.
78	78	(b) In adopting a rule or issuing a permit under this
79	79	section, the commission shall consider:
80	80	(1) whether the injection of water will comply with
81	81	the standards set forth under the federal Safe Drinking Water Act
82	82	(42 U.S.C. Section 300f et seq.);
83	83	(2) the extent to which the cumulative volume of water
84	84	injected for storage in the receiving geologic formation can be
85	85	successfully recovered from the geologic formation for beneficial
86	86	use, taking into account that injected water may be commingled to
87	87	some degree with native groundwater;
88	88	(3) the effect of the aquifer storage and recovery
89	89	project on existing water wells; and
90	90	(4) whether the introduction of water into the
91	91	receiving geologic formation will alter the physical, chemical, or
92	92	biological quality of the native groundwater to a degree that
93	93	would:
94	94	(A) render the groundwater produced from the
95	95	receiving geologic formation harmful or detrimental to people,
96	96	animals, vegetation, or property; or
97	97	(B) require an unreasonably higher level of
98	98	treatment of the groundwater produced from the receiving geologic
99	99	formation than is necessary for the native groundwater in order to
100	100	render the groundwater suitable for beneficial use.
101	101	(c) All wells associated with a single aquifer storage and
102	102	recovery project must be located within a continuous perimeter
103	103	boundary of one parcel of land, or two or more adjacent parcels of
104	104	land under common ownership, lease, joint operating agreement, or
105	105	contract.
106	106	(d) The commission by rule shall provide for public notice
107	107	and comment on a proposed general permit authorized under this
108	108	section. The commission shall require an applicant for an
109	109	individual permit authorized under this section to provide notice
110	110	of the application by first class mail to any groundwater
111	111	conservation district in which the wells associated with the
112	112	aquifer storage and recovery project will be located and by
113	113	publishing notice in a newspaper of general circulation in the
114	114	county in which the wells will be located.
115	115	Sec. 27.154. TECHNICAL STANDARDS. (a) The commission
116	116	shall adopt technical standards governing the approval of the use
117	117	of a Class V injection well as an ASR injection well.
118	118	(b) This subsection applies only to an aquifer storage and
119	119	recovery project proposed to be located in a groundwater
120	120	conservation district or other special-purpose district with the
121	121	authority to regulate the withdrawal of groundwater. Except as
122	122	otherwise provided by this section, the commission shall limit the
123	123	volume of water that may be recovered by an aquifer storage and
124	124	recovery project to an amount that does not exceed the amount of
125	125	water injected under the project. If the commission determines
126	126	that the proposed injection of water into a geologic formation will
127	127	result in a loss of injected water or native groundwater, the
128	128	commission shall impose additional restrictions on the amount of
129	129	water that may be recovered to account for the loss. The commission
130	130	may not deny a permit based on a determination that a loss described
131	131	by this subsection will occur. A limitation imposed under this
132	132	subsection may not prohibit the production of native groundwater by
133	133	an aquifer storage and recovery project if the production complies
134	134	with Subchapter N, Chapter 36.
135	135	(c) The commission by rule shall prescribe construction and
136	136	completion standards and metering and reporting requirements for
137	137	ASR injection wells and ASR recovery wells, including for an ASR
138	138	injection well that also serves as an ASR recovery well.
139	139	(d) The commission may not adopt or enforce groundwater
140	140	quality protection standards for the quality of water injected into
141	141	an ASR injection well that are more stringent than applicable
142	142	federal standards.
143	143	Sec. 27.155. REPORTING OF INJECTION AND RECOVERY VOLUMES.
144	144	(a) A project operator shall install a meter on each ASR injection
145	145	well and ASR recovery well associated with the aquifer storage and
146	146	recovery project.
147	147	(b) Each calendar month, the project operator shall provide
148	148	to the commission a written or electronic report showing for the
149	149	preceding calendar month the volume of water:
150	150	(1) injected for storage; and
151	151	(2) recovered for beneficial use.
152	152	Sec. 27.156. REPORTING OF WATER QUALITY DATA. A project
153	153	operator shall:
154	154	(1) perform water quality testing annually on water to
155	155	be injected into a geologic formation and water recovered from a
156	156	geologic formation as part of the aquifer storage and recovery
157	157	project; and
158	158	(2) provide the results of the testing described by
159	159	Subdivision (1) in written or electronic form to the commission.
160	160	Sec. 27.157. OTHER LAWS NOT AFFECTED. (a) This subchapter
161	161	does not affect the ability to regulate an aquifer storage and
162	162	recovery project as authorized under:
163	163	(1) Chapter 626, Acts of the 73rd Legislature, Regular
164	164	Session, 1993, for the Edwards Aquifer Authority;
165	165	(2) Chapter 8801, Special District Local Laws Code,
166	166	for the Harris-Galveston Subsidence District;
167	167	(3) Chapter 8834, Special District Local Laws Code,
168	168	for the Fort Bend Subsidence District;
169	169	(4) Chapter 8802, Special District Local Laws Code,
170	170	for the Barton Springs-Edwards Aquifer Conservation District; or
171	171	(5) Chapter 8811, Special District Local Laws Code,
172	172	for the Corpus Christi Aquifer Storage and Recovery Conservation
173	173	District.
174	174	(b) This subchapter does not affect the authority of the
175	175	commission regarding:
176	176	(1) recharge projects in certain portions of the
177	177	Edwards underground reservoir under Sections 11.023(c) and (d); or
178	178	(2) injection wells that transect or terminate in
179	179	certain portions of the Edwards Aquifer under Section 27.0516.
180	180	SECTION 3. Chapter 36, Water Code, is amended by adding
181	181	Subchapter N to read as follows:
182	182	SUBCHAPTER N. AQUIFER STORAGE AND RECOVERY PROJECTS
183	183	Sec. 36.451. DEFINITIONS. In this subchapter, "aquifer
184	184	storage and recovery project," "ASR injection well," "ASR recovery
185	185	well," and "project operator" have the meanings assigned by Section
186	186	27.151.
187	187	Sec. 36.452. APPLICABILITY TO RECOVERY WELLS THAT ALSO
188	188	FUNCTION AS INJECTION WELLS. Notwithstanding Section 27.152, this
189	189	subchapter applies to an ASR recovery well that also functions as an
190	190	ASR injection well.
191	191	Sec. 36.453. REGISTRATION AND REPORTING OF WELLS. (a) A
192	192	project operator shall:
193	193	(1) register the ASR injection wells and ASR recovery
194	194	wells associated with the aquifer storage and recovery project with
195	195	any district in which the wells are located;
196	196	(2) each calendar month by the deadline established by
197	197	the commission for reporting to the commission, provide the
198	198	district with a copy of the written or electronic report required to
199	199	be provided to the commission under Section 27.155; and
200	200	(3) annually by the deadline established by the
201	201	commission for reporting to the commission, provide the district
202	202	with a copy of the written or electronic report required to be
203	203	provided to the commission under Section 27.156.
204	204	(b) If an aquifer storage and recovery project recovers an
205	205	amount of groundwater that exceeds the volume authorized by the
206	206	commission to be recovered under the project, the project operator
207	207	shall report to the district the volume of groundwater recovered
208	208	that exceeds the volume authorized to be recovered in addition to
209	209	providing the report required by Subsection (a)(2).
210	210	Sec. 36.454. PERMITTING, SPACING, AND PRODUCTION
211	211	REQUIREMENTS. (a) Except as provided by Subsection (b), a
212	212	district may not require a permit for the drilling, equipping,
213	213	operation, or completion of an ASR injection well or an ASR recovery
214	214	well that is authorized by the commission.
215	215	(b) The ASR recovery wells that are associated with an
216	216	aquifer storage and recovery project are subject to the permitting,
217	217	spacing, and production requirements of the district if the amount
218	218	of groundwater recovered from the wells exceeds the volume
219	219	authorized by the commission to be recovered under the project. The
220	220	requirements of the district apply only to the portion of the volume
221	221	of groundwater recovered from the ASR recovery wells that exceeds
222	222	the volume authorized by the commission to be recovered.
223	223	(c) A project operator may not recover groundwater by an
224	224	aquifer storage and recovery project in an amount that exceeds the
225	225	volume authorized by the commission to be recovered under the
226	226	project unless the project operator complies with the applicable
227	227	requirements of a district as described by this section.
228	228	Sec. 36.455. FEES AND SURCHARGES. (a) A district may not
229	229	assess a production fee or a transportation or export fee or
230	230	surcharge for groundwater recovered from an ASR recovery well,
231	231	except to the extent that the amount of groundwater recovered under
232	232	the aquifer storage and recovery project exceeds the volume
233	233	authorized by the commission to be recovered.
234	234	(b) A district may assess a well registration fee or other
235	235	administrative fee for an ASR recovery well in the same manner that
236	236	the district assesses such a fee for other wells registered with the
237	237	district.
238	238	Sec. 36.456. DESIRED FUTURE CONDITIONS. A district may
239	239	consider hydrogeologic conditions related to the injection and
240	240	recovery of groundwater as part of an aquifer storage and recovery
241	241	project in the planning for and monitoring of the achievement of a
242	242	desired future condition for the aquifer in which the wells
243	243	associated with the project are located.
244	244	Sec. 36.457. OTHER LAWS NOT AFFECTED. This subchapter does
245	245	not affect the ability to regulate groundwater as authorized under:
246	246	(1) Chapter 626, Acts of the 73rd Legislature, Regular
247	247	Session, 1993, for the Edwards Aquifer Authority;
248	248	(2) Chapter 8801, Special District Local Laws Code,
249	249	for the Harris-Galveston Subsidence District;
250	250	(3) Chapter 8834, Special District Local Laws Code,
251	251	for the Fort Bend Subsidence District;
252	252	(4) Chapter 8802, Special District Local Laws Code,
253	253	for the Barton Springs-Edwards Aquifer Conservation District; or
254	254	(5) Chapter 8811, Special District Local Laws Code,
255	255	for the Corpus Christi Aquifer Storage and Recovery Conservation
256	256	District.
257	257	SECTION 4. The following sections of the Water Code are
258	258	repealed:
259	259	(1) Sections 11.153(d) and (e);
260	260	(2) Section 11.154; and
261	261	(3) Section 11.155.
262	262	SECTION 5. Not later than May 1, 2016, the Texas Commission
263	263	on Environmental Quality shall adopt rules to implement Section
264	264	11.153, Water Code, as amended by this Act, and Subchapter G,
265	265	Chapter 27, Water Code, as added by this Act.
266	266	SECTION 6. This Act takes effect immediately if it receives
267	267	a vote of two-thirds of all the members elected to each house, as
268	268	provided by Section 39, Article III, Texas Constitution. If this
269	269	Act does not receive the vote necessary for immediate effect, this
270	270	Act takes effect September 1, 2015.
271	271	* * * * *