By: Zaffirini S.B. No. 854
(In the Senate - Filed March 2, 2015; March 4, 2015, read
first time and referred to Committee on Agriculture, Water, and
Rural Affairs; April 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 854 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the renewal or amendment of certain permits issued by
groundwater conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.001, Water Code, is amended by adding
Subdivision (31) to read as follows:
(31) "Operating permit" means any permit issued by the
district for the operation of or production from a well, including a
permit to drill or complete a well if the district does not require
a separate permit for the drilling or completion of a well.
SECTION 2. Sections 36.113(d) and (f), Water Code, are
amended to read as follows:
(d) This subsection does not apply to the renewal of an
operating permit issued under Section 36.1145. Before granting or
denying a permit, or a permit amendment issued in accordance with
Section 36.1146, the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects
existing groundwater and surface water resources or existing permit
holders;
(3) the proposed use of water is dedicated to any
beneficial use;
(4) the proposed use of water is consistent with the
district's approved management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and
achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
(f) This subsection does not apply to the renewal of an
operating permit issued under Section 36.1145. Permits, and permit
amendments issued in accordance with Section 36.1146, may be issued
subject to the rules promulgated by the district and subject to
terms and provisions with reference to the drilling, equipping,
completion, alteration, or operation of, or production of
groundwater from, wells or pumps that may be necessary to prevent
waste and achieve water conservation, minimize as far as
practicable the drawdown of the water table or the reduction of
artesian pressure, lessen interference between wells, or control
and prevent subsidence.
SECTION 3. Sections 36.114(b) and (c), Water Code, are
amended to read as follows:
(b) For each activity for which the district determines a
permit or permit amendment is required under Subsection (a), and
that is not exempt from a hearing requirement under Section
36.1145, the district by rule shall determine whether a hearing on
the permit or permit amendment application is required.
(c) For all applications for which a hearing is not required
under Subsection (b) or Section 36.1145, the board shall act on the
application at a meeting, as defined by Section 551.001, Government
Code, unless the board by rule has delegated to the general manager
the authority to act on the application.
SECTION 4. Subchapter D, Chapter 36, Water Code, is amended
by adding Sections 36.1145 and 36.1146 to read as follows:
Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as
provided by Subsection (b), a district shall without a hearing
renew or approve an application to renew an operating permit before
the date on which the permit expires, provided that:
(1) the application, if required by the district, is
submitted in a timely manner and accompanied by any required fees in
accordance with district rules; and
(2) the permit holder is not requesting a change
related to the renewal that would require a permit amendment under
district rules.
(b) A district is not required to renew a permit under this
section if the applicant:
(1) is delinquent in paying a fee required by the
district;
(2) is subject to a pending enforcement action for a
substantive violation of a district permit, order, or rule that has
not been settled by agreement with the district or a final
adjudication; or
(3) has not paid a civil penalty or has otherwise
failed to comply with an order resulting from a final adjudication
of a violation of a district permit, order, or rule.
(c) If a district is not required to renew a permit under
Subsection (b)(2), the permit remains in effect until the final
settlement or adjudication on the matter of the substantive
violation.
Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the
holder of an operating permit, in connection with the renewal of a
permit or otherwise, requests a change that requires an amendment
to the permit under district rules, the permit as it existed before
the permit amendment process remains in effect until the later of:
(1) the conclusion of the permit amendment or renewal
process, as applicable; or
(2) final settlement or adjudication on the matter of
whether the change to the permit requires a permit amendment.
(b) If the permit amendment process results in the denial of
an amendment, the permit as it existed before the permit amendment
process shall be renewed under Section 36.1145 without penalty,
unless Subsection (b) of that section applies to the applicant.
(c) A district may initiate an amendment to an operating
permit, in connection with the renewal of a permit or otherwise, in
accordance with the district's rules. If a district initiates an
amendment to an operating permit, the permit as it existed before
the permit amendment process shall remain in effect until the
conclusion of the permit amendment or renewal process, as
applicable.
SECTION 5. Section 36.402, Water Code, is amended to read as
follows:
Sec. 36.402. APPLICABILITY. Except as provided by Section
36.416, this subchapter applies to the notice and hearing process
used by a district for permit and permit amendment applications for
which a hearing is required.
SECTION 6. As soon as practicable after the effective date
of this Act, groundwater conservation districts shall adopt rules
to implement the changes in law made by this Act.
SECTION 7. Sections 36.1145 and 36.1146, Water Code, as
added by this Act, apply only to a permit renewal for a permit
issued by a groundwater conservation district initiated on or after
the effective date of this Act. A permit renewal initiated before
that date is governed by the law in effect on the date the permit
renewal was initiated, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2015.
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