Bill Text: TX HB1079 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-06-14 - Effective immediately [HB1079 Detail]
Download: Texas-2013-HB1079-Engrossed.html
Bill Title: Relating to procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-06-14 - Effective immediately [HB1079 Detail]
Download: Texas-2013-HB1079-Engrossed.html
By: Smith, Guillen, Kleinschmidt, et al. | H.B. No. 1079 |
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relating to the procedural requirements for action by the Texas | ||
Commission on Environmental Quality on applications for production | ||
area authorizations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 27.0513(a), (c), (d), (e), and (f), | ||
Water Code, are amended to read as follows: | ||
(a) The commission may issue a permit pursuant to Section | ||
27.011 that authorizes the construction and operation of two or | ||
more similar injection wells within a specified area for mining of | ||
uranium. An application for a new permit issued pursuant to Section | ||
27.011, a major amendment of such a permit, or a renewal of such a | ||
permit for mining of uranium is subject to the public notice | ||
requirements and opportunity for contested case hearing provided | ||
under Section 27.018. A new, amended, or renewal area permit must | ||
incorporate a table of pre-mining low and high values representing | ||
the range of groundwater quality within the area of review, as | ||
provided by commission rule, for each water quality parameter used | ||
to measure groundwater restoration in a commission-required | ||
restoration table. The values in the area permit range table must | ||
be established from all available wells within the area of review, | ||
including those in the existing or proposed area permit boundary | ||
and existing or proposed production area. Wells used for this | ||
purpose are limited to those that have documented completion depths | ||
and screened intervals that correspond to a uranium production zone | ||
aquifer identified within an area permit boundary. | ||
(c) The commission may issue a holder of a permit issued | ||
pursuant to Section 27.011 for mining of uranium an authorization | ||
that allows the permit holder to conduct mining and restoration | ||
activities in production zones within the boundary established in | ||
the permit. The commission by rule shall establish application | ||
requirements, technical requirements, including the methods for | ||
determining restoration table values, and procedural requirements | ||
for any authorization. If a restoration table value for a proposed | ||
authorization exceeds the range listed in the area permit range | ||
table, such that it falls above the upper limit of the range, the | ||
value within the area permit range table must be used or a major | ||
amendment to the area permit range table must be made, subject to a | ||
contested case hearing or the hearing requirements of Chapter 2001, | ||
Government Code. | ||
(d) Notwithstanding Sections 5.551, 5.556, 27.011, and | ||
27.018, an application for an authorization [ |
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contested case hearing or the hearing requirements of Chapter 2001, | ||
Government Code, if: | ||
(1) the authorization is located within a permit that | ||
incorporates a range of groundwater quality restoration values used | ||
to measure groundwater restoration by the commission; | ||
(2) the application includes groundwater quality | ||
restoration values within the range established in Subdivision (1); | ||
and | ||
(3) the authorization is located within a permit that | ||
incorporates groundwater monitoring characteristics of the | ||
monitoring wells for the application required by commission rule | ||
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(e) The range of restoration values in the range table used | ||
for Subsection (d) must be established from all available well | ||
sample data collected in the area of review [ |
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(f) As an alternative to Subsection (d), the first | ||
application for an authorization issued under Subsection (c) | ||
located within a permit issued under Subsection (a) is subject to | ||
the requirements of Chapter 2001, Government Code, relating to | ||
opportunities for contested case hearings. The first application | ||
must contain the provisions listed in Subsections (d)(1)-(3). If a | ||
first authorization has previously been issued within a permit, | ||
that authorization is effective for the purposes of this | ||
subsection. A subsequent application for an authorization located | ||
within the same permit boundary is not subject to a contested case | ||
hearing or the hearing requirements of Chapter 2001, Government | ||
Code, unless the subsequent application would authorize the | ||
following: | ||
(1) the use of groundwater from an aquifer outside the | ||
production zone aquifer for supplemental production water that was | ||
not previously approved in the permit; | ||
(2) expansion of the permit boundary; or | ||
(3) application monitoring well locations that exceed | ||
well spacing requirements or reduce the number of wells required by | ||
commission rule [ |
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SECTION 2. The change in law made by this Act applies only | ||
to an application for an authorization or a new, amended, or renewal | ||
permit that is submitted to the Texas Commission on Environmental | ||
Quality on or after the effective date of this Act. An application | ||
that was submitted to the commission before the effective date of | ||
this Act is governed by the law in effect at the time the | ||
application was submitted, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |