85R21292 JXC-F
By: Lambert, King of Parker H.B. No. 2488
Substitute the following for H.B. No. 2488:
By: Darby C.S.H.B. No. 2488
A BILL TO BE ENTITLED
AN ACT
relating to the treatment and recycling for beneficial use of drill
cuttings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 123.001, Natural Resources Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Treatment" means a manufacturing, mechanical,
thermal, or chemical process other than sizing, shaping, diluting,
or sorting.
SECTION 2. Chapter 123, Natural Resources Code, is amended
by adding Section 123.0015 to read as follows:
Sec. 123.0015. BENEFICIAL USE. (a) For the purposes of
this chapter, a use of drill cuttings is considered to be beneficial
if the cuttings are used:
(1) in the construction of oil and gas lease pads or
oil and gas lease roads; or
(2) as part of a legitimate commercial product.
(b) The commission by rule shall define "legitimate
commercial product" for the purposes of this chapter.
(c) The commission by rule shall adopt criteria for
beneficial uses to ensure that a beneficial use of recycled drill
cuttings under this chapter is at least as protective of public
health, public safety, and the environment as the use of an
equivalent product made without recycled drill cuttings.
SECTION 3. Section 123.005, Natural Resources Code, is
amended to read as follows:
Sec. 123.005. COMMISSION RULES, PERMITS, AND ORDERS FOR
TREATMENT AND BENEFICIAL USE. (a) The commission shall adopt rules
to govern the treatment and beneficial use of drill cuttings.
(b) A rule adopted by the commission under this chapter or a
permit or order issued by the commission regarding the treatment
and beneficial use of drill cuttings must be at least as protective
of public health, public safety, and the environment as a rule,
permit, or order, respectively, adopted or issued by the commission
regarding the disposal of drill cuttings.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.