Bill Text: TX HB1079 | 2013-2014 | 83rd Legislature | Enrolled
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-Enrolled.html
H.B. No. 1079 |
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relating to 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. Section 27.0513, Water Code, is amended by | ||
amending Subsections (a), (c), (d), (e), and (f) and adding | ||
Subsection (g) 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 renewed permit must | ||
incorporate a table of pre-mining low and high values representing | ||
the range of groundwater quality within the permit boundary and | ||
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 permit | ||
range table must be established from pre-mining baseline wells and | ||
all available wells within the area of review, including those in | ||
the existing or proposed permit boundary and any existing or | ||
proposed production areas. Wells used for that purpose are limited | ||
to those that have documented completion depths and screened | ||
intervals that correspond to a uranium production zone aquifer | ||
identified within the 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 | ||
or amended authorization exceeds the range listed in the permit | ||
range table such that it falls above the upper limit of the range, | ||
the value within the permit range table must be used or a major | ||
amendment to the permit range table must be obtained, subject to an | ||
opportunity for 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 for a production zone located | ||
within the boundary of a permit that incorporates a range table of | ||
groundwater quality restoration values used to measure groundwater | ||
restoration by the commission; | ||
(2) the application includes groundwater quality | ||
restoration values falling at or below the upper limit of the range | ||
established in Subdivision (1); and | ||
(3) the authorization is for a production zone located | ||
within the boundary of a permit that incorporates groundwater | ||
baseline characteristics of the 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 baseline wells and all | ||
available well sample data collected in the permit boundary and | ||
within one-quarter mile of the boundary of the production zone [ |
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(f) As an alternative to Subsection (d), the first | ||
application for an authorization issued under Subsection (c) for a | ||
production zone located within the boundary of a permit issued | ||
under Subsection (a) is subject to the requirements of Chapter | ||
2001, Government Code, relating to an opportunity for a contested | ||
case hearing. The first authorization application must contain the | ||
following provisions: | ||
(1) a baseline water quality table with a range of | ||
groundwater quality restoration values used to measure groundwater | ||
restoration by the commission that complies with the same range | ||
requirements as a permit described by Subsection (a); | ||
(2) groundwater quality restoration values falling at | ||
or below the upper limit of the range established in Subdivision | ||
(1); and | ||
(3) groundwater baseline characteristics of the wells | ||
for the application required by commission rule. | ||
(g) If a first authorization has previously been issued for | ||
a production zone located within the boundary of a permit, that | ||
authorization is effective for the purposes of this subsection. A | ||
subsequent authorization application for a production zone that is | ||
located within the same permit boundary as a production zone for | ||
which an authorization was issued under Subsection (f) is not | ||
subject to an opportunity for 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 a well that was not | ||
previously approved in the permit for supplemental production | ||
water; | ||
(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. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1079 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 135, Nays 10, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1079 on May 23, 2013, by the following vote: Yeas 139, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1079 was passed by the Senate, with | ||
amendments, on May 20, 2013, by the following vote: Yeas 26, Nays | ||
5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |