Texas 2019 - 86th Regular

Texas House Bill HB2771 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2771
	1	+	By: Lozano, Guillen (Senate Sponsor - Hughes) H.B. No. 2771
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; May 9, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 8,
	6	+	Nays 3; May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2771 By: Hughes
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the authority of the Texas Commission on Environmental
6	14		Quality to issue permits for the discharge into water in this state
7	15		of produced water, hydrostatic test water, and gas plant effluent
8	16		resulting from certain oil and gas activities.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Section 26.131, Water Code, as effective until
11	19		delegation of authority under the Resource Conservation and
12	20		Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
13	21		Railroad Commission of Texas, is amended by amending Subsections
14	22		(a) and (b) and adding Subsection (d) to read as follows:
15	23		(a) Except as provided by this section, the [The] Railroad
16	24		Commission of Texas is solely responsible for the control and
17	25		disposition of waste and the abatement and prevention of pollution
18	26		of surface and subsurface water resulting from:
19	27		(1) activities associated with the exploration,
20	28		development, and production of oil or gas or geothermal resources,
21	29		including:
22	30		(A) activities associated with the drilling of
23	31		injection water source wells which penetrate the base of useable
24	32		quality water;
25	33		(B) activities associated with the drilling of
26	34		cathodic protection holes associated with the cathodic protection
27	35		of wells and pipelines subject to the jurisdiction of the Railroad
28	36		Commission of Texas;
29	37		(C) activities associated with gasoline plants,
30	38		natural gas or natural gas liquids processing plants, pressure
31	39		maintenance plants, or repressurizing plants;
32	40		(D) activities associated with any underground
33	41		natural gas storage facility, provided the terms "natural gas" and
34	42		"storage facility" shall have the meanings set out in Section
35	43		91.173, Natural Resources Code;
36	44		(E) activities associated with any underground
37	45		hydrocarbon storage facility, provided the terms "hydrocarbons"
38	46		and "underground hydrocarbon storage facility" shall have the
39	47		meanings set out in Section 91.201, Natural Resources Code; and
40	48		(F) activities associated with the storage,
41	49		handling, reclamation, gathering, transportation, or distribution
42	50		of oil or gas prior to the refining of such oil or prior to the use
43	51		of such gas in any manufacturing process or as a residential or
44	52		industrial fuel;
45	53		(2) except to the extent the activities are regulated
46	54		by the Texas Department of Health under Chapter 401, Health and
47	55		Safety Code, activities associated with uranium exploration
48	56		consisting of the disturbance of the surface or subsurface for the
49	57		purpose of or related to determining the location, quantity, or
50	58		quality of uranium ore; and
51	59		(3) any other activities regulated by the Railroad
52	60		Commission of Texas pursuant to Section 91.101, Natural Resources
53	61		Code.
54	62		(b) Except as provided by Subsection (d), the [The] Railroad
55	63		Commission of Texas may issue permits for the discharge of waste
56	64		resulting from the [these] activities described by Subsection (a),
57	65		and the discharge of waste into water in this state resulting from
58	66		those [these] activities must [shall] meet the water quality
59	67		standards established by the commission.
60	68		(d) The commission may issue permits for the discharge into
61	69		water in this state of produced water, hydrostatic test water, and
62	70		gas plant effluent resulting from the activities described by
63	71		Subsection (a) on delegation to the commission of NPDES authority
64	72		for those discharges. The discharge of produced water, hydrostatic
65	73		test water, and gas plant effluent into water in this state under
66	74		this subsection must meet the water quality standards established
67	75		by the commission.
68	76		SECTION 2. Section 26.131, Water Code, as effective on
69	77		delegation of authority under the Resource Conservation and
70	78		Recovery Act of 1976 (42 U.S.C. 6901 et seq.) to the Railroad
71	79		Commission of Texas, is amended to read as follows:
72	80		Sec. 26.131. DUTIES OF RAILROAD COMMISSION. (a) Except as
73	81		provided by this section, the [The] Railroad Commission of Texas is
74	82		solely responsible for the control and disposition of waste and the
75	83		abatement and prevention of pollution of surface and subsurface
76	84		water resulting from:
77	85		(1) activities associated with the exploration,
78	86		development, and production of oil or gas or geothermal resources,
79	87		including:
80	88		(A) activities associated with the drilling of
81	89		injection water source wells which penetrate the base of useable
82	90		quality water;
83	91		(B) activities associated with the drilling of
84	92		cathodic protection holes associated with the cathodic protection
85	93		of wells and pipelines subject to the jurisdiction of the Railroad
86	94		Commission of Texas;
87	95		(C) activities associated with gasoline plants,
88	96		natural gas or natural gas liquids processing plants, pressure
89	97		maintenance plants, or repressurizing plants;
90	98		(D) activities associated with any underground
91	99		natural gas storage facility, provided the terms "natural gas" and
92	100		"storage facility" shall have the meanings set out in Section
93	101		91.173, Natural Resources Code;
94	102		(E) activities associated with any underground
95	103		hydrocarbon storage facility, provided the terms "hydrocarbons"
96	104		and "underground hydrocarbon storage facility" shall have the
97	105		meanings set out in Section 91.201, Natural Resources Code; and
98	106		(F) activities associated with the storage,
99	107		handling, reclamation, gathering, transportation, or distribution
100	108		of oil or gas prior to the refining of such oil or prior to the use
101	109		of such gas in any manufacturing process or as a residential or
102	110		industrial fuel;
103	111		(2) except to the extent the activities are regulated
104	112		by the Texas Department of Health under Chapter 401, Health and
105	113		Safety Code, activities associated with uranium exploration
106	114		consisting of the disturbance of the surface or subsurface for the
107	115		purpose of or related to determining the location, quantity, or
108	116		quality of uranium ore; and
109	117		(3) any other activities regulated by the Railroad
110	118		Commission of Texas pursuant to Section 91.101, Natural Resources
111	119		Code.
112	120		(b) Except as provided by Subsection (c), the [The] Railroad
113	121		Commission of Texas may issue permits for the discharge of waste
114	122		resulting from the [these] activities described by Subsection (a),
115	123		and the discharge of waste into water in this state resulting from
116	124		those [these] activities must [shall] meet the water quality
117	125		standards established by the commission.
118	126		(c) The commission may issue permits for the discharge into
119	127		water in this state of produced water, hydrostatic test water, and
120	128		gas plant effluent resulting from the activities described by
121	129		Subsection (a) on delegation to the commission of NPDES authority
122	130		for those discharges. The discharge of produced water, hydrostatic
123	131		test water, and gas plant effluent into water in this state under
124	132		this subsection must meet the water quality standards established
125	133		by the commission.
126	134		SECTION 3. (a) In this section:
127	135		(1) "Commission" means the Texas Commission on
128	136		Environmental Quality.
129	137		(2) "NPDES" means National Pollutant Discharge
130	138		Elimination System.
131	139		(b) On delegation of NPDES permit authority for discharges
132	140		of produced water, hydrostatic test water, and gas plant effluent
133	141		to the commission by the United States Environmental Protection
134	142		Agency under Section 402(b) of the Federal Water Pollution Control
135	143		Act (33 U.S.C. Section 1342(b)), the following are transferred from
136	144		the Railroad Commission of Texas to the commission:
137	145		(1) the powers, duties, functions, programs, and
138	146		activities of the Railroad Commission of Texas relating to the
139	147		regulation of discharges of produced water, hydrostatic test water,
140	148		and gas plant effluent into water in this state, other than
141	149		discharges resulting from spills or other unplanned releases;
142	150		(2) any obligations and contracts of the Railroad
143	151		Commission of Texas that are directly related to implementing a
144	152		power, duty, function, program, or activity transferred under this
145	153		Act; and
146	154		(3) all property and records in the custody of the
147	155		Railroad Commission of Texas that are related to a power, duty,
148	156		function, program, or activity transferred under this Act.
149	157		(c) The Railroad Commission of Texas shall continue to carry
150	158		out its duties related to the regulation of discharges of produced
151	159		water, hydrostatic test water, and gas plant effluent into water in
152	160		this state until delegation of NPDES permit authority for
153	161		discharges of produced water, hydrostatic test water, and gas plant
154	162		effluent to the commission by the United States Environmental
155	163		Protection Agency under Section 402(b) of the Federal Water
156	164		Pollution Control Act (33 U.S.C. Section 1342(b)).
157	165		(d) The commission may carry out activities to ensure an
158	166		orderly transfer of the powers, duties, functions, programs, and
159	167		activities transferred under this Act, including hiring additional
160	168		employees and amending the memorandum of understanding by mutual
161	169		agreement with the Railroad Commission of Texas.
162		-	(e) Not later than September 1, ~~2021~~, the commission shall
	170	+	(e) Not later than September 1, 2020, the commission shall
163	171		submit to the United States Environmental Protection Agency for
164	172		approval a request to supplement or amend the Texas Pollutant
165	173		Discharge Elimination System program to include delegation of NPDES
166	174		permit authority for discharges of produced water, hydrostatic test
167	175		water, and gas plant effluent.
168	176		SECTION 4. The change in law made by this Act to Section
169	177		26.131, Water Code, applies to an application for an authorization
170	178		to discharge produced water, hydrostatic test water, or gas plant
171	179		effluent into water in this state that is pending on or after the
172	180		effective date of delegation of National Pollutant Discharge
173	181		Elimination System permit authority for discharges of produced
174	182		water, hydrostatic test water, and gas plant effluent to the Texas
175	183		Commission on Environmental Quality by the United States
176	184		Environmental Protection Agency under Section 402(b) of the Federal
177	185		Water Pollution Control Act (33 U.S.C. Section 1342(b)). An
178	186		application that is granted or denied in a final decision before the
179	187		effective date of such delegation is governed by the law as it
180	188		existed immediately before the effective date of such delegation,
181	189		and that law is continued in effect for that purpose.
182	190		SECTION 5. This Act takes effect September 1, 2019.
183		-	______________________________ ______________________________
184		-	President of the Senate Speaker of the House
185		-	I certify that H.B. No. 2771 was passed by the House on April
186		-	17, 2019, by the following vote: Yeas 94, Nays 47, 2 present, not
187		-	voting; and that the House concurred in Senate amendments to H.B.
188		-	No. 2771 on May 23, 2019, by the following vote: Yeas 109, Nays 33,
189		-	2 present, not voting.
190		-	______________________________
191		-	Chief Clerk of the House
192		-	I certify that H.B. No. 2771 was passed by the Senate, with
193		-	amendments, on May 16, 2019, by the following vote: Yeas 24, Nays
194		-	7.
195		-	______________________________
196		-	Secretary of the Senate
197		-	APPROVED: __________________
198		-	Date
199		-	__________________
200		-	Governor
	191	+	* * * * *