88R20430 JAM-F
By: Zwiener H.B. No. 2941
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
require water pollution abatement plans for certain pipelines;
providing for the imposition of a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 26, Water Code, is amended
by adding Section 26.136 to read as follows:
Sec. 26.136. EDWARDS AQUIFER PROTECTION PLANS FOR OIL OR
GAS PIPELINES. (a) In this section:
(1) "Edwards Aquifer" has the meaning assigned by
Section 26.046.
(2) "Water pollution abatement plan" means a plan that
outlines best management practices that will be implemented to
protect water quality when a construction-related or
post-construction activity in the recharge zone of the Edwards
Aquifer has the potential for polluting the aquifer and
hydrologically connected surface streams.
(b) Notwithstanding any other provision of this chapter or
the Natural Resources Code, the Railroad Commission of Texas shall
require the owner or operator of an oil or gas pipeline that is
subject to the jurisdiction of the Railroad Commission of Texas and
constructed or expanded in the recharge zone of the Edwards Aquifer
to submit to the Railroad Commission of Texas a water pollution
abatement plan for the pipeline.
(c) The Railroad Commission of Texas, in consultation with
the Texas Commission on Environmental Quality, by rule shall adopt
construction or operational temporary best management practices
for water pollution abatement plans described by Subsection (b).
The rules may incorporate construction best management practices
adopted for protection of the Edwards Aquifer recharge zone by the
Texas Commission on Environmental Quality.
(d) The Texas Commission on Environmental Quality and the
Railroad Commission of Texas shall:
(1) develop a process for joint consultation on water
pollution abatement in the Edwards Aquifer recharge zone by owners
or operators of pipelines described by Subsection (b); and
(2) by rule enter into a memorandum of understanding
on the implementation of the process.
SECTION 2. Section 40.008, Natural Resources Code, is
amended to read as follows:
Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad
Commission of Texas shall continue to exercise its authority
pursuant to Section 91.101 of this code and Sections [Section]
26.131 and 26.136, Water Code, to issue and enforce rules, permits,
and orders to prevent pollution of surface and subsurface waters in
the state by activities associated with the exploration,
development, or production of oil, gas, or geothermal resources,
including the transportation of oil or gas by pipeline. Nothing in
this chapter preempts the jurisdiction of the Railroad Commission
of Texas under Subchapter E, Chapter 121, Utilities Code, and
Chapter 117, Natural Resources Code, over pipeline transportation
of gas and hazardous liquids and over gas and hazardous liquid
pipeline facilities.
SECTION 3. Section 91.003(a), Natural Resources Code, is
amended to read as follows:
(a) In addition to other authority specifically granted to
the commission under this chapter, the commission may enforce this
chapter and Section 26.136, Water Code, or any rule, order, or
permit of the commission adopted under this chapter or Section
26.136, Water Code, in the manner and subject to the conditions
provided in Chapters 81 and 85 of this code, including the authority
to seek and obtain civil penalties and injunctive relief as
provided by those chapters.
SECTION 4. The changes in law made by this Act apply only to
a pipeline the construction or expansion of which begins on or after
the effective date of this Act. A pipeline for which construction or
expansion began before the effective date of this Act is governed by
the law as it existed immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2024.