Texas 2019 - 86th Regular

Texas House Bill HB1044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R19472 SLB-F
2		-	By: Zwiener, Nevárez, Oliverson, et al. H.B. No. 1044
3		-	Substitute the following for H.B. No. 1044:
4		-	By: King of Uvalde C.S.H.B. No. 1044
	1	+	86R7835 SLB-F
	2	+	By: Zwiener H.B. No. 1044
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to permits for certain injection wells that transect a
10	8		portion of the Edwards Aquifer.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. ~~Section~~ 27.0516(a)(1), Water Code, ~~is amended to~~
13		-	read as follows:
	10	+	SECTION 1. Sections 27.0516(a)(1) and (3), Water Code, are
	11	+	amended to read as follows:
14	12		(1) "Edwards Aquifer" means that portion of an arcuate
15	13		belt of porous, waterbearing limestones composed of the Edwards
16	14		Formation, Georgetown Formation, Comanche Peak Formation, Salmon
17	15		Peak Limestone, McKnight Formation, West Nueces Formation, Devil's
18	16		River Limestone, Person Formation, Kainer Formation, and Edwards
19		-	Group, together with the Upper Glen Rose Formation where ~~scientific~~
20		-	~~studies have documented a~~ hydrological connection to the overlying
21		-	~~Edwards Group~~ trending from west to east to northeast through
22		-	~~Kinney, Uvalde,~~ Medina, Bexar, Kendall, Comal, Hays, Travis, and
23		-	~~Williamson~~ Counties. The permeable aquifer units generally overlie
24		-	~~the~~ less-permeable Glen Rose Formation to the south, overlie the
	17	+	Group, together with the Upper Glen Rose Formation where there is a
	18	+	significant hydrological connection to the overlying Edwards Group
	19	+	[trending from west to east to northeast through Kinney, Uvalde,
	20	+	Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson
	21	+	Counties]. The permeable aquifer units generally overlie the
	22	+	less-permeable Glen Rose Formation to the south[, overlie the
25	23		less-permeable Comanche Peak and Walnut Formations north of the
26		-	Colorado River, and underlie the less-permeable Del Rio Clay
	24	+	Colorado River,] and underlie the less-permeable Del Rio Clay
27	25		regionally.
	26	+	(3) "Fresh water" means surface water or groundwater,
	27	+	without regard to whether the water has been physically,
	28	+	chemically, or biologically altered, that:
	29	+	(A) contains a total dissolved solids
	30	+	concentration of not more than 1,000 milligrams per liter; [and]
	31	+	(B) meets the water quality standards for public
	32	+	drinking water established by commission rule; and
	33	+	(C) is otherwise suitable as a source of drinking
	34	+	water supply.
28	35		SECTION 2. Sections 27.0516(b), (f), (h), (k), and (n),
29	36		Water Code, are amended to read as follows:
30	37		(b) This section applies only to the portion of the Edwards
31	38		Aquifer that is within the geographic area circumscribed by the
32	39		external boundaries of the Barton Springs-Edwards Aquifer
33	40		Conservation District but is not in the jurisdiction [that
34	41		district's territory or the territory] of the Edwards Aquifer
35		-	Authority. This section does not apply to a wastewater facility
36		-	permitted under Chapter 26 or a subsurface area drip dispersal
37		-	system permitted under Chapter 32.
38		-	(f) The commission by rule, individual permit, or general
39		-	permit may authorize:
	42	+	Authority.
	43	+	(f) The commission by general permit may authorize:
40	44		(1) an activity described by Subsection (e);
41	45		(2) an injection well that transects and isolates the
42	46		saline portion of the Edwards Aquifer and terminates in a lower
43	47		aquifer for the purpose of injecting:
44	48		(A) concentrate from a desalination facility; or
45	49		(B) fresh water as part of an engineered aquifer
46	50		storage and recovery facility;
47	51		(3) an injection well that terminates in that part of
48	52		the saline portion of the Edwards Aquifer that has a total dissolved
49	53		solids concentration of more than 10,000 milligrams per liter for
50	54		the purpose of injecting into the saline portion of the Edwards
51	55		Aquifer:
52	56		(A) concentrate from a desalination facility,
53	57		provided that the injection well must be at least three miles from
54	58		the closest outlet of Barton Springs; or
55	59		(B) fresh water as part of an engineered aquifer
56	60		and storage recovery facility, provided that each well used for
57	61		injection or withdrawal from the facility must be at least three
58	62		miles from the closest outlet of Barton Springs; [or]
59	63		(4) an injection well that transects or terminates in
60	64		the Edwards Aquifer for:
61	65		(A) aquifer remediation;
62	66		(B) the injection of a nontoxic tracer dye as
63	67		part of a hydrologic study; or
64	68		(C) another beneficial activity that is designed
65	69		and undertaken for the purpose of increasing protection of an
66	70		underground source of drinking water from pollution or other
67	71		deleterious effects; or
68	72		(5) the injection of fresh water into a well that
69	73		transects the Edwards Aquifer provided that:
70	74		(A) the well isolates the Edwards Aquifer and
71	75		meets the construction and completion standards adopted by the
72	76		commission under Section 27.154;
73	77		(B) the well is part of an engineered aquifer
74	78		storage and recovery facility;
75		-	(C) the injected water:
76		-	(i) is sourced from a public water system,
77		-	as defined by commission rule, that is permitted by the commission;
78		-	or
79		-	(ii) meets water quality standards for
80		-	public drinking water established by commission rule; and
	79	+	(C) the injected water is sourced from a public
	80	+	water system, as defined by commission rule, that is permitted by
	81	+	the commission; and
81	82		(D) the injection complies with the provisions of
82	83		Subchapter G that are not in conflict with this section.
83		-	(h) Rules adopted or a [general] permit issued under this
	84	+	(h) Rules adopted or a general permit issued under this
84	85		section:
85	86		(1) must require that an injection well authorized by
86	87		the rules or permit be monitored by means of:
87	88		(A) one or more [a] monitoring wells [well]
88	89		operated by the injection well owner if the commission determines
89	90		that there is an underground source of drinking water in the area of
90	91		review that is potentially affected by the injection well; or
91	92		(B) if Paragraph (A) does not apply, one or more
92	93		[a] monitoring wells [well] operated by a party other than the
93	94		injection well owner, provided that all results of monitoring are
94	95		promptly made available to the injection well owner;
95	96		(2) must ensure that an authorized activity will not
96		-	result in the waste or pollution of fresh water;
	97	+	result in the waste or pollution of native groundwater [fresh
	98	+	water];
97	99		(3) may not authorize an injection well under
98	100		Subsection (f)(2), [or] (3), or (5) unless the well is initially
99	101		associated with a small-scale research project designed to evaluate
100	102		the long-term feasibility and safety of:
101	103		(A) the injection of concentrate from a
102	104		desalination facility; or
103	105		(B) an aquifer storage and recovery project;
104	106		(4) must require any authorization granted to be
105	107		renewed at least as frequently as every 10 years;
106	108		(5) must require that an injection well authorized
107	109		under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing
108	110		basis by or in coordination with the well owner and that the well
109	111		owner file monitoring reports with the commission at least as
110	112		frequently as every three months; [and]
111	113		(6) must ensure that any injection well authorized for
112	114		the purpose of injecting concentrate from a desalination facility
113	115		does not transect the fresh water portion of the Edwards Aquifer;
114	116		and
115		-	(7) must ensure that an engineered aquifer storage and
116		-	recovery facility project is consistent with the provisions of
	117	+	(7) must be consistent with the provisions of
117	118		Subchapter G that are not in conflict with this section.
118		-	(k) Notwithstanding Subsection (h)(3), the commission by
119		-	rule, individual permit, or [a] general permit may authorize the
120		-	owner of an injection well authorized under Subsection (f)(2), [or]
121		-	(3), or (5) to continue operating the well for the purpose of
122		-	implementing the desalination or engineered aquifer storage and
123		-	recovery project following completion of the small-scale research
124		-	project, provided that:
	119	+	(k) Notwithstanding Subsection (h)(3), a general permit may
	120	+	authorize the owner of an injection well authorized under
	121	+	Subsection (f)(2), [or] (3), or (5) to continue operating the well
	122	+	for the purpose of implementing the desalination or engineered
	123	+	aquifer storage and recovery project following completion of the
	124	+	small-scale research project, provided that:
125	125		(1) the injection well owner timely submits the
126	126		information collected as part of the research project, including
127	127		monitoring reports and information regarding the environmental
128	128		impact of the well, to the commission;
129	129		(2) the injection well owner, following the completion
130	130		of studies and monitoring adequate to characterize risks to the
131		-	fresh water portion of the Edwards Aquifer, ~~formations included in~~
132		-	~~the Trinity Group, or~~ [and] other fresh water associated with the
	131	+	fresh water portion of the Edwards Aquifer, the Trinity Aquifer, or
	132	+	[and] other native groundwater [fresh water] associated with the
133	133		continued operation of the well, and at least 90 days before the
134	134		date the owner initiates commercial well operations, files with the
135	135		commission a notice of intent to continue operation of the well
136	136		after completion of the research project; and
137	137		(3) the commission, based on the studies and
138	138		monitoring, the report provided by Texas State University--San
139	139		Marcos under Subsection (l)(2), and any other reasonably available
140	140		information, determines that continued operation of the injection
141	141		well as described in the notice of intent does not pose an
142	142		unreasonable risk to the fresh water portion of the Edwards
143		-	Aquifer, ~~formations included in~~ the Trinity ~~Group~~, or other fresh
144		-	water associated with the continued operation of the well.
	143	+	Aquifer, the Trinity Aquifer, or other native groundwater [fresh
	144	+	water] associated with the continued operation of the well.
145	145		(n) If the commission preliminarily determines that
146	146		continued operation of the injection well would pose an
147	147		unreasonable risk to the fresh water portion of the Edwards
148		-	Aquifer, ~~formations included in~~ the Trinity ~~Group~~, or other fresh
149		-	water associated with the continued operation of the well, the
	148	+	Aquifer, the Trinity Aquifer, or other native groundwater [fresh
	149	+	water] associated with the continued operation of the well, the
150	150		commission shall notify the operator and specify, if possible, what
151	151		well modifications or operational controls would be adequate to
152	152		prevent that unreasonable risk. If the operator fails to modify the
153	153		injection well as specified by the commission, the commission shall
154	154		require the operator to cease operating the well.
155		-	SECTION 3. The changes in law made by this Act apply only to
156		-	an application for an authorization described by Section 27.0516,
157		-	Water Code, as amended by this Act, filed with the Texas Commission
158		-	on Environmental Quality on or after the effective date of this Act.
159		-	An application filed with the Texas Commission on Environmental
160		-	Quality before the effective date of this Act is governed by the law
161		-	in effect on the date of filing, and that law is continued in effect
162		-	for that purpose.
163		-	SECTION 4. This Act takes effect immediately if it receives
	155	+	SECTION 3. This Act takes effect immediately if it receives
164	156		a vote of two-thirds of all the members elected to each house, as
165	157		provided by Section 39, Article III, Texas Constitution. If this
166	158		Act does not receive the vote necessary for immediate effect, this
167	159		Act takes effect September 1, 2019.