Texas 2017 - 85th Regular

Texas House Bill HB3333 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R26748 SLB-F
2	1		By: Isaac H.B. No. 3333
3		-	Substitute the following for H.B. No. 3333:
4		-	By: Larson C.S.H.B. No. 3333
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to permits for certain injection wells that transect a
10		-	portion of the Edwards Aquifer.
	6	+	relating to permits for certain injection wells that are part of an
	7	+	aquifer storage and recovery project that transect a portion of the
	8	+	Edwards Aquifer.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Sections 27.0516(a)(1) and (3), Water Code, are
13		-	amended to read as follows:
14		-	(1) "Edwards Aquifer" means that portion of an arcuate
15		-	belt of porous, waterbearing limestones composed of the Edwards
16		-	Formation, Georgetown Formation, Comanche Peak Formation, Salmon
17		-	Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
18		-	River Limestone, Person Formation, Kainer Formation, and Edwards
19		-	Group, together with the Upper Glen Rose Formation where there is a
20		-	significant hydrological connection to the overlying Edwards Group
21		-	[trending from west to east to northeast through Kinney, Uvalde,
22		-	Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson
23		-	Counties]. The permeable aquifer units generally overlie the
24		-	less-permeable Glen Rose Formation to the south[, overlie the
25		-	less-permeable Comanche Peak and Walnut Formations north of the
26		-	Colorado River,] and underlie the less-permeable Del Rio Clay
27		-	regionally.
28		-	(3) "Fresh water" means surface water or groundwater,
29		-	without regard to whether the water has been physically,
30		-	chemically, or biologically altered, that:
31		-	(A) contains a total dissolved solids
32		-	concentration of not more than 1,000 milligrams per liter; [and]
33		-	(B) meets the water quality standards for public
34		-	drinking water established by commission rule; and
35		-	(C) is otherwise suitable as a source of drinking
36		-	water supply.
37		-	SECTION 2. Sections 27.0516(b), (f), (h), (k), and (n),
38		-	Water Code, are amended to read as follows:
	10	+	SECTION 1. Sections 27.0516(b), (f), (h), and (k), Water
	11	+	Code, are amended to read as follows:
39	12		(b) This section applies only to the portion of the Edwards
40	13		Aquifer that is within the geographic area circumscribed by the
41	14		external boundaries of the Barton Springs-Edwards Aquifer
42		-	Conservation District but is not in the jurisdiction [that
43		-	district's territory or the territory] of the Edwards Aquifer
44		-	Authority.
	15	+	Conservation District [but is not in that district's territory or
	16	+	the territory of the Edwards Aquifer Authority].
45	17		(f) The commission by general permit may authorize:
46	18		(1) an activity described by Subsection (e);
47	19		(2) an injection well that transects and isolates the
48	20		saline portion of the Edwards Aquifer and terminates in a lower
49	21		aquifer for the purpose of injecting:
50	22		(A) concentrate from a desalination facility; or
51	23		(B) fresh water as part of an engineered aquifer
52	24		storage and recovery facility;
53	25		(3) an injection well that terminates in that part of
54	26		the saline portion of the Edwards Aquifer that has a total dissolved
55	27		solids concentration of more than 10,000 milligrams per liter for
56	28		the purpose of injecting into the saline portion of the Edwards
57	29		Aquifer:
58	30		(A) concentrate from a desalination facility,
59	31		provided that the injection well must be at least three miles from
60	32		the closest outlet of Barton Springs; or
61	33		(B) fresh water as part of an engineered aquifer
62	34		and storage recovery facility, provided that each well used for
63	35		injection or withdrawal from the facility must be at least three
64	36		miles from the closest outlet of Barton Springs; [or]
65	37		(4) an injection well that transects or terminates in
66	38		the Edwards Aquifer for:
67	39		(A) aquifer remediation;
68	40		(B) the injection of a nontoxic tracer dye as
69	41		part of a hydrologic study; or
70	42		(C) another beneficial activity that is designed
71	43		and undertaken for the purpose of increasing protection of an
72	44		underground source of drinking water from pollution or other
73	45		deleterious effects; or
74		-	(5) the injection of fresh water into a well that
75		-	transects the Edwards Aquifer provided that:
76		-	(A) the well isolates the Edwards Aquifer and
77		-	meets the construction and completion standards adopted by the
78		-	commission under Section 27.154;
79		-	(B) the well is part of an engineered aquifer
80		-	storage and recovery facility;
81		-	(C) the injected water is sourced from a public
82		-	water system, as defined by commission rule, that is permitted by
83		-	the commission; and
84		-	(D) the injection complies with the provisions of
85		-	Subchapter G that are not in conflict with this section.
	46	+	(5) an injection well that transects the Edwards
	47	+	Aquifer provided that:
	48	+	(A) the injection well isolates the Edwards
	49	+	Aquifer;
	50	+	(B) the injected water meets the standards under
	51	+	the federal Safe Drinking Water Act (42 U.S.C. Section 300f et
	52	+	seq.); and
	53	+	(C) the injection well is part of an engineered
	54	+	aquifer storage and recovery facility owned and operated by a
	55	+	municipality.
86	56		(h) Rules adopted or a general permit issued under this
87	57		section:
88	58		(1) must require that an injection well authorized by
89	59		the rules or permit be monitored by means of:
90		-	(A) ~~one or more [~~a] monitoring ~~wells [well]~~
91		-	~~operated by the injection~~ well owner if the commission determines
92		-	~~that there is an~~ underground source of drinking water in the area of
93		-	~~review that is~~ potentially affected by the injection well; or
94		-	(B) if Paragraph (A) does not apply, ~~one or more~~
95		-	~~[a] monitoring wells [~~well] operated by a party other than the
96		-	~~injection well owner,~~ provided that all results of monitoring are
97		-	~~promptly made available~~ to the injection well owner;
	60	+	(A) a monitoring well operated by the injection
	61	+	well owner if the commission determines that there is an
	62	+	underground source of drinking water in the area of review that is
	63	+	potentially affected by the injection well; or
	64	+	(B) if Paragraph (A) does not apply, a monitoring
	65	+	well operated by a party other than the injection well owner,
	66	+	provided that all results of monitoring are promptly made available
	67	+	to the injection well owner;
98	68		(2) must ensure that an authorized activity will not
99		-	result in the waste or pollution of native groundwater [fresh
100		-	water];
	69	+	result in the waste or pollution of fresh water;
101	70		(3) may not authorize an injection well under
102	71		Subsection (f)(2), [or] (3), or (5) unless the well is initially
103	72		associated with a small-scale research project designed to evaluate
104	73		the long-term feasibility and safety of:
105	74		(A) the injection of concentrate from a
106	75		desalination facility; or
107	76		(B) an aquifer storage and recovery project;
108	77		(4) must require any authorization granted to be
109	78		renewed at least as frequently as every 10 years;
110	79		(5) must require that an injection well authorized
111	80		under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing
112	81		basis by or in coordination with the well owner and that the well
113	82		owner file monitoring reports with the commission at least as
114		-	frequently as every three months; [and]
	83	+	frequently as every three months; and
115	84		(6) must ensure that any injection well authorized for
116	85		the purpose of injecting concentrate from a desalination facility
117		-	does not transect the fresh water portion of the Edwards Aquifer;
118		-	and
119		-	(7) must be consistent with the provisions of
120		-	Subchapter G that are not in conflict with this section.
	86	+	does not transect the fresh water portion of the Edwards Aquifer.
121	87		(k) Notwithstanding Subsection (h)(3), a general permit may
122	88		authorize the owner of an injection well authorized under
123	89		Subsection (f)(2), [or] (3), or (5) to continue operating the well
124	90		for the purpose of implementing the desalination or engineered
125	91		aquifer storage and recovery project following completion of the
126	92		small-scale research project, provided that:
127	93		(1) the injection well owner timely submits the
128	94		information collected as part of the research project, including
129	95		monitoring reports and information regarding the environmental
130	96		impact of the well, to the commission;
131	97		(2) the injection well owner, following the completion
132	98		of studies and monitoring adequate to characterize risks to the
133		-	fresh water portion of the Edwards Aquifer~~, the Trinity Aquifer,~~ or
134		-	~~[and] other native groundwater [fresh water]~~ associated with the
135		-	~~continued operation of the well, and at least 90~~ days before the
136		-	~~date the owner initiates commercial well~~ operations, files with the
137		-	~~commission a notice of intent to~~ continue operation of the well
138		-	~~after completion of the research~~ project; and
	99	+	fresh water portion of the Edwards Aquifer and other fresh water
	100	+	associated with the continued operation of the well, and at least 90
	101	+	days before the date the owner initiates commercial well
	102	+	operations, files with the commission a notice of intent to
	103	+	continue operation of the well after completion of the research
	104	+	project; and
139	105		(3) the commission, based on the studies and
140	106		monitoring, the report provided by Texas State University--San
141	107		Marcos under Subsection (l)(2), and any other reasonably available
142	108		information, determines that continued operation of the injection
143	109		well as described in the notice of intent does not pose an
144		-	unreasonable risk to the fresh water portion of the Edwards
145		-	Aquifer, the Trinity Aquifer, or other native groundwater [fresh
146		-	water] associated with the continued operation of the well.
147		-	(n) If the commission preliminarily determines that
148		-	continued operation of the injection well would pose an
149		-	unreasonable risk to the fresh water portion of the Edwards
150		-	Aquifer, the Trinity Aquifer, or other native groundwater [fresh
151		-	water] associated with the continued operation of the well, the
152		-	commission shall notify the operator and specify, if possible, what
153		-	well modifications or operational controls would be adequate to
154		-	prevent that unreasonable risk. If the operator fails to modify the
155		-	injection well as specified by the commission, the commission shall
156		-	require the operator to cease operating the well.
	110	+	unreasonable risk to the fresh water portion of the Edwards Aquifer
	111	+	or other fresh water associated with the continued operation of the
	112	+	well.
	113	+	SECTION 2. Section 27.0516(a)(1), Water Code, is amended to
	114	+	read as follows:
	115	+	(1) "Edwards Aquifer" means that portion of an arcuate
	116	+	belt of porous, waterbearing limestones composed of the Edwards
	117	+	Formation, Georgetown Formation, Comanche Peak Formation, Salmon
	118	+	Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
	119	+	River Limestone, Person Formation, Kainer Formation, and Edwards
	120	+	Group [trending from west to east to northeast through Kinney,
	121	+	Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson
	122	+	Counties]. The permeable aquifer units generally overlie the
	123	+	less-permeable Glen Rose Formation to the south[, overlie the
	124	+	less-permeable Comanche Peak and Walnut Formations north of the
	125	+	Colorado River,] and underlie the less-permeable Del Rio Clay
	126	+	regionally.
157	127		SECTION 3. This Act takes effect immediately if it receives
158	128		a vote of two-thirds of all the members elected to each house, as
159	129		provided by Section 39, Article III, Texas Constitution. If this
160	130		Act does not receive the vote necessary for immediate effect, this
161	131		Act takes effect September 1, 2017.