Texas 2023 - 88th Regular

Texas Senate Bill SB1186 Compare Versions

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1	1	S.B. No. 1186
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation by the Railroad Commission of Texas of
6	6	brine mining.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 27.036, Water Code, as added by Chapter
9	9	921 (H.B. 1867), Acts of the 69th Legislature, Regular Session,
10	10	1985, is amended to read as follows:
11	11	Sec. 27.036. JURISDICTION OVER BRINE MINING. (a) In this
12	12	section:
13	13	(1) "Brine mining" means the production of brine,
14	14	including naturally occurring brine and brine extracted by the
15	15	solution of a subsurface salt formation, for the purpose of
16	16	extracting from a subsurface formation elements, salts, or other
17	17	useful substances, not including:
18	18	(A) oil, gas, or any product of oil or gas as
19	19	defined by Section 85.001, Natural Resources Code; or
20	20	(B) fluid oil and gas waste, as defined by
21	21	Section 122.001, Natural Resources Code.
22	22	(2) "Class V brine injection well" means a well that
23	23	injects spent, naturally occurring brine produced by a brine mining
24	24	operation into the same formation from which it was withdrawn after
25	25	extraction of elements, salts, or other useful substances,
26	26	including halogens or halogen salts.
27	27	(b) The railroad commission has jurisdiction over brine
28	28	mining and may issue permits for brine production wells and
29	29	injection wells used for brine mining.
30	30	(c) [(b)] A person may not begin to drill an injection well
31	31	to be used for brine mining unless that person has a valid permit
32	32	for the well issued by the railroad commission under this chapter.
33	33	(d) [(c)] The railroad commission shall adopt rules that
34	34	are necessary to administer and regulate brine mining.
35	35	(e) [(d)] For purposes of regulation by the railroad
36	36	commission, an injection well for brine mining of brine extracted
37	37	by the solution of a subsurface salt formation is designated as a
38	38	Class III well under the underground injection control program
39	39	administered by the railroad commission.
40	40	(f) For purposes of regulation by the railroad commission, a
41	41	Class V brine injection well is designated as a Class V well under
42	42	the underground injection control program administered by the
43	43	railroad commission.
44	44	(g) If rules or regulations adopted to govern Class V brine
45	45	injection wells under the federal Safe Drinking Water Act (42
46	46	U.S.C. Section 300f et seq.) or another federal statute allow this
47	47	state to seek primary enforcement authority under the underground
48	48	injection control program, the railroad commission shall seek
49	49	primacy to administer and enforce the program for Class V brine
50	50	injection wells in this state.
51	51	(h) On delegation to the railroad commission of primary
52	52	enforcement authority in this state over Class V brine injection
53	53	wells, a person may not begin to drill a Class V brine injection
54	54	well unless that person has a valid permit for the well issued by
55	55	the railroad commission under this chapter.
56	56	[(e) This section takes effect September 1, 1985.
57	57	[(f) This section does not invalidate any permit for an
58	58	injection well used for brine mining that was issued by the Texas
59	59	Water Commission before the effective date of this section. Within
60	60	90 days after the effective date of this section, the Railroad
61	61	Commission of Texas shall issue a substitute permit under the name
62	62	and authority of the railroad commission to each person who on the
63	63	effective date of this section holds a valid permit issued by the
64	64	Texas Water Commission for an injection well used for brine mining.
65	65	[(g) Application for injection well permits covering brine
66	66	mining submitted to the Texas Water Commission before the effective
67	67	date of this section for which permits have not been issued by the
68	68	commission shall be transmitted to the railroad commission.]
69	69	SECTION 2. Section 27.036, Water Code, as added by Chapter
70	70	795 (S.B. 249), Acts of the 69th Legislature, Regular Session,
71	71	1985, is repealed.
72	72	SECTION 3. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2023.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I hereby certify that S.B. No. 1186 passed the Senate on
80	80	April 20, 2023, by the following vote: Yeas 29, Nays 2.
81	81	______________________________
82	82	Secretary of the Senate
83	83	I hereby certify that S.B. No. 1186 passed the House on
84	84	May 12, 2023, by the following vote: Yeas 136, Nays 4,
85	85	two present not voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	Approved:
89	89	______________________________
90	90	Date
91	91	______________________________
92	92	Governor