87R12105 SLB-D By: Perry S.B. No. 1335 A BILL TO BE ENTITLED AN ACT relating to the regulation of the recycling of oil and gas waste. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 122.004, Natural Resources Code, is amended to read as follows: Sec. 122.004. COMMISSION RULES FOR TREATMENT AND BENEFICIAL USE. (a) The commission shall adopt rules to govern the treatment and beneficial use of oil and gas waste. (b) Except as provided by Subsection (c), rules adopted under this section must not differ in treatment of commercial and noncommercial recycling of fluid oil and gas waste. (c) Rules adopted under this section must establish: (1) minimum siting standards for commercial fluid recycling pits; (2) uniform technical, construction, and sampling standards consistent with noncommercial recycling standards for fluid oil and gas waste; (3) minimum and maximum bonding and financial security amounts for commercial fluid recyclers; and (4) standards for sampling and analysis of fluid oil and gas waste. (d) The commission shall approve or deny an application for a permit issued under rules adopted under this section not later than the 90th day after the date the complete application was received by the commission. If the commission does not approve or deny the application before that date, the permit application is considered approved and the applicant may operate under the terms specified in the application for a period of one year. (e) An application requesting a variance from the standards adopted under this section must be evaluated and approved consistent with previous variances approved by the commission. SECTION 2. This Act takes effect September 1, 2021.