Texas 2025 - 89th Regular

Texas House Bill HB1808 Compare Versions

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11 89R6061 CMO-D
22 By: Landgraf H.B. No. 1808
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation and management of produced water from
1010 oil and gas operations.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 91.101(a), Natural Resources Code, as
1313 effective until delegation of authority under the Resource
1414 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
1515 seq.) to the Railroad Commission of Texas, is amended to read as
1616 follows:
1717 (a) To prevent pollution of surface water or subsurface
1818 water in the state, the commission shall adopt and enforce rules and
1919 orders and may issue permits relating to:
2020 (1) the drilling of exploratory wells and oil and gas
2121 wells or any purpose in connection with them;
2222 (2) the production of oil and gas, including:
2323 (A) activities associated with the drilling of
2424 injection water source wells which penetrate the base of useable
2525 quality water;
2626 (B) activities associated with the drilling of
2727 cathodic protection holes associated with the cathodic protection
2828 of wells and pipelines subject to the jurisdiction of the
2929 commission;
3030 (C) activities associated with gasoline plants,
3131 natural gas or natural gas liquids processing plants, pressure
3232 maintenance plants, or repressurizing plants;
3333 (D) activities associated with any underground
3434 natural gas storage facility, provided the terms "natural gas" and
3535 "storage facility" shall have the meanings set out in Section
3636 91.173, Natural Resources Code;
3737 (E) activities associated with any underground
3838 hydrocarbon storage facility, provided the terms "hydrocarbons"
3939 and "underground hydrocarbon storage facility" shall have the
4040 meanings set out in Section 91.201, Natural Resources Code; and
4141 (F) activities associated with the storage,
4242 handling, reclamation, gathering, transportation, or distribution
4343 of oil or gas prior to the refining of such oil or prior to the use
4444 of such gas in any manufacturing process or as a residential or
4545 industrial fuel;
4646 (3) the operation, abandonment, and proper plugging of
4747 wells subject to the jurisdiction of the commission; [and]
4848 (4) the discharge, storage, handling, transportation,
4949 reclamation, or disposal of oil and gas waste as defined in Section
5050 91.1011 of this subchapter, or of any other substance or material
5151 associated with any operation or activity regulated by the
5252 commission under Subdivisions (1), (2), and (3) of this subsection;
5353 and
5454 (5) the recycling and beneficial use of produced water
5555 associated with any operation or activity regulated by the
5656 commission under Subdivisions (1), (2), and (3) of this subsection,
5757 taking into account the need to protect the public health and the
5858 environment.
5959 SECTION 2. Section 91.101, Natural Resources Code, as
6060 effective on delegation of authority under the Resource
6161 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
6262 seq.) to the Railroad Commission of Texas, is amended to read as
6363 follows:
6464 Sec. 91.101. RULES AND ORDERS. To prevent pollution of
6565 surface water or subsurface water in the state, the commission
6666 shall adopt and enforce rules and orders and may issue permits
6767 relating to:
6868 (1) the drilling of exploratory wells and oil and gas
6969 wells or any purpose in connection with them;
7070 (2) the production of oil and gas, including:
7171 (A) activities associated with the drilling of
7272 injection water source wells which penetrate the base of useable
7373 quality water;
7474 (B) activities associated with the drilling of
7575 cathodic protection holes associated with the cathodic protection
7676 of wells and pipelines subject to the jurisdiction of the
7777 commission;
7878 (C) activities associated with gasoline plants,
7979 natural gas or natural gas liquids processing plants, pressure
8080 maintenance plants, or repressurizing plants;
8181 (D) activities associated with any underground
8282 natural gas storage facility, provided the terms "natural gas" and
8383 "storage facility" shall have the meanings set out in Section
8484 91.173, Natural Resources Code;
8585 (E) activities associated with any underground
8686 hydrocarbon storage facility, provided the terms "hydrocarbons"
8787 and "underground hydrocarbon storage facility" shall have the
8888 meanings set out in Section 91.201, Natural Resources Code; and
8989 (F) activities associated with the storage,
9090 handling, reclamation, gathering, transportation, or distribution
9191 of oil or gas prior to the refining of such oil or prior to the use
9292 of such gas in any manufacturing process or as a residential or
9393 industrial fuel;
9494 (3) the operation, abandonment, and proper plugging of
9595 wells subject to the jurisdiction of the commission; [and]
9696 (4) the discharge, storage, handling, transportation,
9797 reclamation, or disposal of oil and gas waste as defined in Section
9898 91.1011 of this subchapter, or of any other substance or material
9999 associated with any operation or activity regulated by the
100100 commission under Subdivisions (1), (2), and (3) of this section;
101101 and
102102 (5) the recycling and beneficial use of produced water
103103 associated with any operation or activity regulated by the
104104 commission under Subdivisions (1), (2), and (3) of this section,
105105 taking into account the need to protect the public health and the
106106 environment.
107107 SECTION 3. Section 26.131(d), Water Code, as effective
108108 until delegation of authority under the Resource Conservation and
109109 Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
110110 Railroad Commission of Texas, is amended to read as follows:
111111 (d) The commission may issue permits for the discharge into
112112 water in this state of produced water, hydrostatic test water, and
113113 gas plant effluent resulting from the activities described by
114114 Subsection (a) on delegation to the commission of NPDES authority
115115 for those discharges. The discharge of produced water, hydrostatic
116116 test water, and gas plant effluent into water in this state under
117117 this subsection must meet the water quality standards established
118118 by the commission. The commission shall provide to an applicant for
119119 a permit described by this subsection for the discharge of produced
120120 water assistance with the preparation and submission of the permit
121121 application.
122122 SECTION 4. Section 26.131(c), Water Code, as effective on
123123 delegation of authority under the Resource Conservation and
124124 Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
125125 Railroad Commission of Texas, is amended to read as follows:
126126 (c) The commission may issue permits for the discharge into
127127 water in this state of produced water, hydrostatic test water, and
128128 gas plant effluent resulting from the activities described by
129129 Subsection (a) on delegation to the commission of NPDES authority
130130 for those discharges. The discharge of produced water, hydrostatic
131131 test water, and gas plant effluent into water in this state under
132132 this subsection must meet the water quality standards established
133133 by the commission. The commission shall provide to an applicant for
134134 a permit described by this subsection for the discharge of produced
135135 water assistance with the preparation and submission of the permit
136136 application.
137137 SECTION 5. This Act takes effect September 1, 2025.