Texas 2023 - 88th Regular

Texas House Bill HB3884 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Landgraf H.B. No. 3884
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation and management of produced water from
7	7	oil and gas operations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 91.101(a), Natural Resources Code, as
10	10	effective until delegation of authority under the Resource
11	11	Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
12	12	seq.) to the Railroad Commission of Texas, is amended to read as
13	13	follows:
14	14	(a) To prevent pollution of surface water or subsurface
15	15	water in the state, the commission shall adopt and enforce rules and
16	16	orders and may issue permits relating to:
17	17	(1) the drilling of exploratory wells and oil and gas
18	18	wells or any purpose in connection with them;
19	19	(2) the production of oil and gas, including:
20	20	(A) activities associated with the drilling of
21	21	injection water source wells which penetrate the base of useable
22	22	quality water;
23	23	(B) activities associated with the drilling of
24	24	cathodic protection holes associated with the cathodic protection
25	25	of wells and pipelines subject to the jurisdiction of the
26	26	commission;
27	27	(C) activities associated with gasoline plants,
28	28	natural gas or natural gas liquids processing plants, pressure
29	29	maintenance plants, or repressurizing plants;
30	30	(D) activities associated with any underground
31	31	natural gas storage facility, provided the terms "natural gas" and
32	32	"storage facility" shall have the meanings set out in Section
33	33	91.173, Natural Resources Code;
34	34	(E) activities associated with any underground
35	35	hydrocarbon storage facility, provided the terms "hydrocarbons"
36	36	and "underground hydrocarbon storage facility" shall have the
37	37	meanings set out in Section 91.201, Natural Resources Code; and
38	38	(F) activities associated with the storage,
39	39	handling, reclamation, gathering, transportation, or distribution
40	40	of oil or gas prior to the refining of such oil or prior to the use
41	41	of such gas in any manufacturing process or as a residential or
42	42	industrial fuel;
43	43	(3) the operation, abandonment, and proper plugging of
44	44	wells subject to the jurisdiction of the commission; [and]
45	45	(4) the discharge, storage, handling, transportation,
46	46	reclamation, or disposal of oil and gas waste as defined in Section
47	47	91.1011 of this subchapter, or of any other substance or material
48	48	associated with any operation or activity regulated by the
49	49	commission under Subdivisions (1), (2), and (3) of this subsection;
50	50	and
51	51	(5) the recycling and beneficial use of produced water
52	52	associated with any operation or activity regulated by the
53	53	commission under Subdivisions (1), (2), and (3) of this subsection,
54	54	taking into account the need to protect the public health and the
55	55	environment.
56	56	SECTION 2. Section 91.101, Natural Resources Code, as
57	57	effective on delegation of authority under the Resource
58	58	Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
59	59	seq.) to the Railroad Commission of Texas, is amended to read as
60	60	follows:
61	61	Sec. 91.101. RULES AND ORDERS. To prevent pollution of
62	62	surface water or subsurface water in the state, the commission
63	63	shall adopt and enforce rules and orders and may issue permits
64	64	relating to:
65	65	(1) the drilling of exploratory wells and oil and gas
66	66	wells or any purpose in connection with them;
67	67	(2) the production of oil and gas, including:
68	68	(A) activities associated with the drilling of
69	69	injection water source wells which penetrate the base of useable
70	70	quality water;
71	71	(B) activities associated with the drilling of
72	72	cathodic protection holes associated with the cathodic protection
73	73	of wells and pipelines subject to the jurisdiction of the
74	74	commission;
75	75	(C) activities associated with gasoline plants,
76	76	natural gas or natural gas liquids processing plants, pressure
77	77	maintenance plants, or repressurizing plants;
78	78	(D) activities associated with any underground
79	79	natural gas storage facility, provided the terms "natural gas" and
80	80	"storage facility" shall have the meanings set out in Section
81	81	91.173, Natural Resources Code;
82	82	(E) activities associated with any underground
83	83	hydrocarbon storage facility, provided the terms "hydrocarbons"
84	84	and "underground hydrocarbon storage facility" shall have the
85	85	meanings set out in Section 91.201, Natural Resources Code; and
86	86	(F) activities associated with the storage,
87	87	handling, reclamation, gathering, transportation, or distribution
88	88	of oil or gas prior to the refining of such oil or prior to the use
89	89	of such gas in any manufacturing process or as a residential or
90	90	industrial fuel;
91	91	(3) the operation, abandonment, and proper plugging of
92	92	wells subject to the jurisdiction of the commission; [and]
93	93	(4) the discharge, storage, handling, transportation,
94	94	reclamation, or disposal of oil and gas waste as defined in Section
95	95	91.1011 of this subchapter, or of any other substance or material
96	96	associated with any operation or activity regulated by the
97	97	commission under Subdivisions (1), (2), and (3) of this section;
98	98	and
99	99	(5) the recycling and beneficial use of produced water
100	100	associated with any operation or activity regulated by the
101	101	commission under Subdivisions (1), (2), and (3) of this section,
102	102	taking into account the need to protect the public health and the
103	103	environment.
104	104	SECTION 3. Subtitle D, Title 3, Natural Resources Code, is
105	105	amended by adding Chapter 122A to read as follows:
106	106	CHAPTER 122A. BENEFICIAL USE OF PRODUCED WATER
107	107	Sec. 122A.0101. BENEFICIAL USE. For the purposes of this
108	108	chapter, a beneficial use of produced water means irrigation, a
109	109	discharge approved under a permit issued by the Texas Commission on
110	110	Environmental Quality under Chapter 26, Water Code, or another
111	111	beneficial use approved under a permit issued by the Railroad
112	112	Commission of Texas under Chapter 91.
113	113	SECTION 4. Section 26.131(d), Water Code, as effective
114	114	until delegation of authority under the Resource Conservation and
115	115	Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
116	116	Railroad Commission of Texas, is amended to read as follows:
117	117	(d) The commission may issue permits for the discharge into
118	118	water in this state of produced water, hydrostatic test water, and
119	119	gas plant effluent resulting from the activities described by
120	120	Subsection (a) on delegation to the commission of NPDES authority
121	121	for those discharges. The discharge of produced water, hydrostatic
122	122	test water, and gas plant effluent into water in this state under
123	123	this subsection must meet the water quality standards established
124	124	by the commission. The commission shall provide to an applicant for
125	125	a permit described by this subsection for the discharge of produced
126	126	water assistance with the preparation and submission of the permit
127	127	application.
128	128	SECTION 5. Section 26.131(c), Water Code, as effective on
129	129	delegation of authority under the Resource Conservation and
130	130	Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
131	131	Railroad Commission of Texas, is amended to read as follows:
132	132	(c) The commission may issue permits for the discharge into
133	133	water in this state of produced water, hydrostatic test water, and
134	134	gas plant effluent resulting from the activities described by
135	135	Subsection (a) on delegation to the commission of NPDES authority
136	136	for those discharges. The discharge of produced water, hydrostatic
137	137	test water, and gas plant effluent into water in this state under
138	138	this subsection must meet the water quality standards established
139	139	by the commission. The commission shall provide to an applicant for
140	140	a permit described by this subsection for the discharge of produced
141	141	water assistance with the preparation and submission of the permit
142	142	application.
143	143	SECTION 6. The change in law made by this Act does not
144	144	affect tax liability accruing before the effective date of this
145	145	Act. That liability continues in effect as if this Act had not been
146	146	enacted, and the former law is continued in effect for the
147	147	collection of taxes due and for civil and criminal enforcement of
148	148	the liability for those taxes.
149	149	SECTION 7. This Act takes effect September 1, 2023.