Bill Text: TX SB189 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to notice of an application for a permit to drill certain injection wells within a certain distance of a groundwater conservation district.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-01-25 - Referred to Agriculture, Water, & Rural Affairs [SB189 Detail]
Download: Texas-2017-SB189-Introduced.html
| 85R905 JXC-F | ||
| By: Uresti | S.B. No. 189 | |
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| relating to notice of an application for a permit to drill certain | ||
| injection wells within a certain distance of a groundwater | ||
| conservation district. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 27.017, Water Code, is | ||
| amended to read as follows: | ||
| Sec. 27.017. NOTICE TO AND RECOMMENDATIONS FROM OTHER | ||
| ENTITIES REGARDING APPLICATIONS. | ||
| SECTION 2. Section 27.017(b), Water Code, is amended to | ||
| read as follows: | ||
| (b) This subsection does not apply to an application for a | ||
| permit for an ASR injection well under Subchapter G. If an | ||
| application is received in proper form for a permit for an injection | ||
| well under the jurisdiction of the commission under this chapter | ||
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| location of the injection well is in the territory of or within 10 | ||
| miles of the boundaries of a groundwater conservation district, the | ||
| executive director shall submit a copy of the application to the | ||
| governing body of each such [ |
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| district. Notice received under this subsection does not grant a | ||
| groundwater conservation district standing as an affected person in | ||
| a protest or hearing before the commission. | ||
| SECTION 3. Section 27.018(e), Water Code, is amended to | ||
| read as follows: | ||
| (e) This subsection does not apply to an application for a | ||
| permit for an ASR injection well under Subchapter G. In addition to | ||
| the requirements of Subsection (c), before any testimony is heard | ||
| in a contested case regarding an application for a permit for an | ||
| injection well under the jurisdiction of the commission under this | ||
| chapter [ |
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| proposed to be located in the territory of or within 10 miles of the | ||
| boundaries of a groundwater conservation district, the record of | ||
| the proceeding must include evidence that: | ||
| (1) a copy of each draft permit proposed by the | ||
| executive director was provided to the governing body of each such | ||
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| (2) notice of the contested case hearing was mailed to | ||
| the governing body of each such [ |
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| district. | ||
| SECTION 4. Subchapter C, Chapter 27, Water Code, is amended | ||
| by adding Section 27.0322 to read as follows: | ||
| Sec. 27.0322. NOTICE TO GROUNDWATER CONSERVATION | ||
| DISTRICTS. (a) A person making application to the railroad | ||
| commission for a permit for an injection well to which this | ||
| subchapter applies the proposed location of which is in the | ||
| territory of or within 10 miles of the boundaries of a groundwater | ||
| conservation district shall: | ||
| (1) submit a copy of the application to the governing | ||
| body of each such groundwater conservation district; and | ||
| (2) submit with the application evidence showing that | ||
| the applicant has complied with Subdivision (1). | ||
| (b) Notice received under this section does not grant a | ||
| groundwater conservation district standing as an affected person in | ||
| a protest or hearing before the railroad commission. | ||
| SECTION 5. Subchapter C-1, Chapter 27, Water Code, is | ||
| amended by adding Section 27.0441 to read as follows: | ||
| Sec. 27.0441. NOTICE TO GROUNDWATER CONSERVATION | ||
| DISTRICTS. (a) A person making application to the railroad | ||
| commission for a permit for an injection well to which this | ||
| subchapter applies the proposed location of which is in the | ||
| territory of or within 10 miles of the boundaries of a groundwater | ||
| conservation district shall: | ||
| (1) submit a copy of the application to the governing | ||
| body of each such groundwater conservation district; and | ||
| (2) submit with the application evidence showing that | ||
| the applicant has complied with Subdivision (1). | ||
| (b) Notice received under this section does not grant a | ||
| groundwater conservation district standing as an affected person in | ||
| a protest or hearing before the railroad commission. | ||
| SECTION 6. (a) Not later than March 1, 2018, the Texas | ||
| Commission on Environmental Quality and the Railroad Commission of | ||
| Texas shall adopt rules as necessary to implement the change in law | ||
| made by this Act to Chapter 27, Water Code. | ||
| (b) The change in law made by this Act to Chapter 27, Water | ||
| Code, applies only to a permit application submitted to the Texas | ||
| Commission on Environmental Quality or the Railroad Commission of | ||
| Texas on or after the effective date of the applicable rules adopted | ||
| under Subsection (a) of this section. A permit application | ||
| submitted before the effective date of the applicable rules adopted | ||
| under Subsection (a) of this section is governed by the law in | ||
| effect when the permit application was submitted, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 7. This Act takes effect September 1, 2017. | ||
