Texas 2025 - 89th Regular

Texas House Bill HB4025 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zwiener H.B. No. 4025
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the authority of the Railroad Commission of Texas to
9	9	require water pollution abatement plans for certain pipelines;
10	10	providing for the imposition of a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 26, Water Code, is amended
13	13	by adding Section 26.136 to read as follows:
14	14	Sec. 26.136. EDWARDS AQUIFER PROTECTION PLANS FOR OIL OR
15	15	GAS PIPELINES. (a) In this section:
16	16	(1) "Edwards Aquifer" has the meaning assigned by
17	17	Section 26.046.
18	18	(2) "Water pollution abatement plan" means a plan that
19	19	outlines best management practices that will be implemented to
20	20	protect water quality when a construction-related or
21	21	post-construction activity in the recharge zone of the Edwards
22	22	Aquifer has the potential for polluting the aquifer and
23	23	hydrologically connected surface streams.
24	24	(b) Notwithstanding any other provision of this chapter or
25	25	the Natural Resources Code, the Railroad Commission of Texas shall
26	26	require the owner or operator of an oil or gas pipeline that is
27	27	subject to the jurisdiction of the Railroad Commission of Texas and
28	28	constructed or expanded in the recharge zone of the Edwards Aquifer
29	29	to submit to the Railroad Commission of Texas, and abide by, a
30	30	water pollution abatement plan for the pipeline and its
31	31	construction.
32	32	(c) The Railroad Commission of Texas, in consultation with
33	33	the Texas Commission on Environmental Quality, by rule shall adopt
34	34	construction or operational temporary best management practices
35	35	for water pollution abatement plans described by Subsection (b).
36	36	The rules may incorporate construction best management practices
37	37	adopted for protection of the Edwards Aquifer recharge zone by the
38	38	Texas Commission on Environmental Quality.
39	39	(d) The Railroad Commission of Texas may impose fees under
40	40	Sec. 26.0461 for the purposes of processing plans or amendments to
41	41	plans that are subject to review and approval under the Railroad
42	42	Commission of Texas' rules for the protection of the Edwards
43	43	Aquifer and for inspecting the construction and maintenance of
44	44	projects covered by those plans.
45	45	(e) The Texas Commission on Environmental Quality and the
46	46	Railroad Commission of Texas shall:
47	47	(1) develop a process for joint consultation on water
48	48	pollution abatement in the Edwards Aquifer recharge zone by owners
49	49	or operators of pipelines described by Subsection (b); and
50	50	(2) by rule enter into a memorandum of understanding
51	51	on the implementation of the process.
52	52	SECTION 2. Section 26.050, Water Code, is amended to read as
53	53	follows:
54	54	Sec. 26.050. DIGITAL COPIES OF BOUNDARY LINES. The
55	55	commission shall make available to the Railroad Commission of Texas
56	56	for the purposes of administering Sec. 26.136, and to the public
57	57	digital copies of the Recharge, Transition, and Contributing Zone
58	58	boundary lines, when they become available.
59	59	SECTION 3. Section 40.008, Natural Resources Code, is
60	60	amended to read as follows:
61	61	Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad
62	62	Commission of Texas shall continue to exercise its authority
63	63	pursuant to Section 91.101 of this code and Sections [Section]
64	64	26.131 and 26.136, Water Code, to issue and enforce rules, permits,
65	65	and orders to prevent pollution of surface and subsurface waters in
66	66	the state by activities associated with the exploration,
67	67	development, or production of oil, gas, or geothermal resources,
68	68	including the transportation of oil or gas by pipeline. Nothing in
69	69	this chapter preempts the jurisdiction of the Railroad Commission
70	70	of Texas under Subchapter E, Chapter 121, Utilities Code, and
71	71	Chapter 117, Natural Resources Code, over pipeline transportation
72	72	of gas and hazardous liquids and over gas and hazardous liquid
73	73	pipeline facilities.
74	74	SECTION 4. Section 91.003(a), Natural Resources Code, is
75	75	amended to read as follows:
76	76	(a) In addition to other authority specifically granted to
77	77	the commission under this chapter, the commission may enforce this
78	78	chapter and Section 26.136, Water Code, or any rule, order, or
79	79	permit of the commission adopted under this chapter or Section
80	80	26.136, Water Code, in the manner and subject to the conditions
81	81	provided in Chapters 81 and 85 of this code, including the authority
82	82	to seek and obtain civil penalties and injunctive relief as
83	83	provided by those chapters.
84	84	SECTION 5. The changes in law made by this Act apply only to
85	85	a pipeline the construction or expansion of which begins on or after
86	86	the effective date of this Act. A pipeline for which construction or
87	87	expansion began before the effective date of this Act is governed by
88	88	the law as it existed immediately before the effective date of this
89	89	Act, and the former law is continued in effect for that purpose.
90	90	SECTION 6. This Act takes effect September 1, 2025.