Bill Text: TX SB189 | 2017-2018 | 85th Legislature | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-25 - Referred to Agriculture, Water, & Rural Affairs [SB189 Detail]

Download: Texas-2017-SB189-Introduced.html

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85R905 JXC-F
By: Uresti S.B. No. 189

A BILL TO BE ENTITLED
AN ACT
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
[to dispose of industrial and municipal waste] and the proposed
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 [the] groundwater conservation
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 [to dispose of industrial and municipal waste] that is
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
[the] groundwater conservation district; and
(2) notice of the contested case hearing was mailed to
the governing body of each such [the] groundwater conservation
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.