1 | 1 | | 89R6061 CMO-D |
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2 | 2 | | By: Landgraf H.B. No. 1808 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation and management of produced water from |
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10 | 10 | | oil and gas operations. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 91.101(a), Natural Resources Code, as |
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13 | 13 | | effective until delegation of authority under the Resource |
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14 | 14 | | Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
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15 | 15 | | seq.) to the Railroad Commission of Texas, is amended to read as |
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16 | 16 | | follows: |
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17 | 17 | | (a) To prevent pollution of surface water or subsurface |
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18 | 18 | | water in the state, the commission shall adopt and enforce rules and |
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19 | 19 | | orders and may issue permits relating to: |
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20 | 20 | | (1) the drilling of exploratory wells and oil and gas |
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21 | 21 | | wells or any purpose in connection with them; |
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22 | 22 | | (2) the production of oil and gas, including: |
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23 | 23 | | (A) activities associated with the drilling of |
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24 | 24 | | injection water source wells which penetrate the base of useable |
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25 | 25 | | quality water; |
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26 | 26 | | (B) activities associated with the drilling of |
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27 | 27 | | cathodic protection holes associated with the cathodic protection |
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28 | 28 | | of wells and pipelines subject to the jurisdiction of the |
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29 | 29 | | commission; |
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30 | 30 | | (C) activities associated with gasoline plants, |
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31 | 31 | | natural gas or natural gas liquids processing plants, pressure |
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32 | 32 | | maintenance plants, or repressurizing plants; |
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33 | 33 | | (D) activities associated with any underground |
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34 | 34 | | natural gas storage facility, provided the terms "natural gas" and |
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35 | 35 | | "storage facility" shall have the meanings set out in Section |
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36 | 36 | | 91.173, Natural Resources Code; |
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37 | 37 | | (E) activities associated with any underground |
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38 | 38 | | hydrocarbon storage facility, provided the terms "hydrocarbons" |
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39 | 39 | | and "underground hydrocarbon storage facility" shall have the |
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40 | 40 | | meanings set out in Section 91.201, Natural Resources Code; and |
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41 | 41 | | (F) activities associated with the storage, |
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42 | 42 | | handling, reclamation, gathering, transportation, or distribution |
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43 | 43 | | of oil or gas prior to the refining of such oil or prior to the use |
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44 | 44 | | of such gas in any manufacturing process or as a residential or |
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45 | 45 | | industrial fuel; |
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46 | 46 | | (3) the operation, abandonment, and proper plugging of |
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47 | 47 | | wells subject to the jurisdiction of the commission; [and] |
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48 | 48 | | (4) the discharge, storage, handling, transportation, |
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49 | 49 | | reclamation, or disposal of oil and gas waste as defined in Section |
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50 | 50 | | 91.1011 of this subchapter, or of any other substance or material |
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51 | 51 | | associated with any operation or activity regulated by the |
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52 | 52 | | commission under Subdivisions (1), (2), and (3) of this subsection; |
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53 | 53 | | and |
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54 | 54 | | (5) the recycling and beneficial use of produced water |
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55 | 55 | | associated with any operation or activity regulated by the |
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56 | 56 | | commission under Subdivisions (1), (2), and (3) of this subsection, |
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57 | 57 | | taking into account the need to protect the public health and the |
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58 | 58 | | environment. |
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59 | 59 | | SECTION 2. Section 91.101, Natural Resources Code, as |
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60 | 60 | | effective on delegation of authority under the Resource |
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61 | 61 | | Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
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62 | 62 | | seq.) to the Railroad Commission of Texas, is amended to read as |
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63 | 63 | | follows: |
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64 | 64 | | Sec. 91.101. RULES AND ORDERS. To prevent pollution of |
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65 | 65 | | surface water or subsurface water in the state, the commission |
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66 | 66 | | shall adopt and enforce rules and orders and may issue permits |
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67 | 67 | | relating to: |
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68 | 68 | | (1) the drilling of exploratory wells and oil and gas |
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69 | 69 | | wells or any purpose in connection with them; |
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70 | 70 | | (2) the production of oil and gas, including: |
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71 | 71 | | (A) activities associated with the drilling of |
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72 | 72 | | injection water source wells which penetrate the base of useable |
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73 | 73 | | quality water; |
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74 | 74 | | (B) activities associated with the drilling of |
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75 | 75 | | cathodic protection holes associated with the cathodic protection |
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76 | 76 | | of wells and pipelines subject to the jurisdiction of the |
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77 | 77 | | commission; |
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78 | 78 | | (C) activities associated with gasoline plants, |
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79 | 79 | | natural gas or natural gas liquids processing plants, pressure |
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80 | 80 | | maintenance plants, or repressurizing plants; |
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81 | 81 | | (D) activities associated with any underground |
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82 | 82 | | natural gas storage facility, provided the terms "natural gas" and |
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83 | 83 | | "storage facility" shall have the meanings set out in Section |
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84 | 84 | | 91.173, Natural Resources Code; |
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85 | 85 | | (E) activities associated with any underground |
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86 | 86 | | hydrocarbon storage facility, provided the terms "hydrocarbons" |
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87 | 87 | | and "underground hydrocarbon storage facility" shall have the |
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88 | 88 | | meanings set out in Section 91.201, Natural Resources Code; and |
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89 | 89 | | (F) activities associated with the storage, |
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90 | 90 | | handling, reclamation, gathering, transportation, or distribution |
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91 | 91 | | of oil or gas prior to the refining of such oil or prior to the use |
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92 | 92 | | of such gas in any manufacturing process or as a residential or |
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93 | 93 | | industrial fuel; |
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94 | 94 | | (3) the operation, abandonment, and proper plugging of |
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95 | 95 | | wells subject to the jurisdiction of the commission; [and] |
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96 | 96 | | (4) the discharge, storage, handling, transportation, |
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97 | 97 | | reclamation, or disposal of oil and gas waste as defined in Section |
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98 | 98 | | 91.1011 of this subchapter, or of any other substance or material |
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99 | 99 | | associated with any operation or activity regulated by the |
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100 | 100 | | commission under Subdivisions (1), (2), and (3) of this section; |
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101 | 101 | | and |
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102 | 102 | | (5) the recycling and beneficial use of produced water |
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103 | 103 | | associated with any operation or activity regulated by the |
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104 | 104 | | commission under Subdivisions (1), (2), and (3) of this section, |
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105 | 105 | | taking into account the need to protect the public health and the |
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106 | 106 | | environment. |
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107 | 107 | | SECTION 3. Section 26.131(d), Water Code, as effective |
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108 | 108 | | until delegation of authority under the Resource Conservation and |
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109 | 109 | | Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
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110 | 110 | | Railroad Commission of Texas, is amended to read as follows: |
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111 | 111 | | (d) The commission may issue permits for the discharge into |
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112 | 112 | | water in this state of produced water, hydrostatic test water, and |
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113 | 113 | | gas plant effluent resulting from the activities described by |
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114 | 114 | | Subsection (a) on delegation to the commission of NPDES authority |
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115 | 115 | | for those discharges. The discharge of produced water, hydrostatic |
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116 | 116 | | test water, and gas plant effluent into water in this state under |
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117 | 117 | | this subsection must meet the water quality standards established |
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118 | 118 | | by the commission. The commission shall provide to an applicant for |
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119 | 119 | | a permit described by this subsection for the discharge of produced |
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120 | 120 | | water assistance with the preparation and submission of the permit |
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121 | 121 | | application. |
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122 | 122 | | SECTION 4. Section 26.131(c), Water Code, as effective on |
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123 | 123 | | delegation of authority under the Resource Conservation and |
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124 | 124 | | Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
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125 | 125 | | Railroad Commission of Texas, is amended to read as follows: |
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126 | 126 | | (c) The commission may issue permits for the discharge into |
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127 | 127 | | water in this state of produced water, hydrostatic test water, and |
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128 | 128 | | gas plant effluent resulting from the activities described by |
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129 | 129 | | Subsection (a) on delegation to the commission of NPDES authority |
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130 | 130 | | for those discharges. The discharge of produced water, hydrostatic |
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131 | 131 | | test water, and gas plant effluent into water in this state under |
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132 | 132 | | this subsection must meet the water quality standards established |
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133 | 133 | | by the commission. The commission shall provide to an applicant for |
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134 | 134 | | a permit described by this subsection for the discharge of produced |
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135 | 135 | | water assistance with the preparation and submission of the permit |
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136 | 136 | | application. |
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137 | 137 | | SECTION 5. This Act takes effect September 1, 2025. |
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