Bill Text: TX SB601 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation and activities of the Texas Produced Water Consortium.
Sponsorship: Partisan Bill (Republican 4)
Status: (Passed) 2021-06-18 - Effective immediately [SB601 Detail]
Download: Texas-2021-SB601-Enrolled.html
| S.B. No. 601 | ||
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| relating to the creation and activities of the Texas Produced Water | ||
| Consortium. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 109, Education Code, is amended by | ||
| adding Subchapter E to read as follows: | ||
| SUBCHAPTER E. TEXAS PRODUCED WATER CONSORTIUM | ||
| Sec. 109.201. DEFINITIONS. In this subchapter: | ||
| (1) "Agency advisory council" means the agency | ||
| advisory council created under Section 109.202. | ||
| (2) "Consortium" means the Texas Produced Water | ||
| Consortium. | ||
| (3) "Fluid oil and gas waste" has the meaning assigned | ||
| by Section 122.001, Natural Resources Code. | ||
| (4) "Host university" means Texas Tech University. | ||
| (5) "Private entity" means an individual, | ||
| corporation, or nonprofit corporation. | ||
| (6) "Stakeholder advisory council" means the | ||
| stakeholder advisory council created under Section 109.202. | ||
| (7) "Technical and economic steering committee" means | ||
| the technical and economic steering committee created under Section | ||
| 109.202. | ||
| Sec. 109.202. TEXAS PRODUCED WATER CONSORTIUM. The Texas | ||
| Produced Water Consortium is a consortium consisting of the host | ||
| university, the agency advisory council, the stakeholder advisory | ||
| council, the technical and economic steering committee, and private | ||
| entities. The consortium is created to bring together information | ||
| resources to study the economics of and technology related to, and | ||
| the environmental and public health considerations for, beneficial | ||
| uses of fluid oil and gas waste. | ||
| Sec. 109.203. ADMINISTRATION. (a) The agency advisory | ||
| council is composed of representatives of the: | ||
| (1) Department of Agriculture; | ||
| (2) General Land Office; | ||
| (3) Parks and Wildlife Department; | ||
| (4) Railroad Commission of Texas; | ||
| (5) State Energy Conservation Office; | ||
| (6) Texas Commission on Environmental Quality; | ||
| (7) Texas Economic Development and Tourism Office | ||
| within the office of the governor; and | ||
| (8) Texas Water Development Board. | ||
| (b) Each entity described by Subsection (a) shall select a | ||
| representative to serve on the agency advisory council. | ||
| (c) The agency advisory council shall meet as often as | ||
| necessary to ensure the consortium meets the requirements of this | ||
| subchapter. | ||
| (d) The agency advisory council shall advise the consortium | ||
| on matters related to the subject matter expertise of the agencies | ||
| represented, including matters related to the regulation and | ||
| permitting of and treatment standards for fluid oil and gas waste. | ||
| Treatment standards may include a fit for purpose requirement and | ||
| regulations necessary for the protection of public health and the | ||
| environment. | ||
| (e) The stakeholder advisory council is composed of | ||
| representatives of: | ||
| (1) the oil and gas industry; | ||
| (2) agricultural water users; | ||
| (3) industrial water users; | ||
| (4) environmental interests; | ||
| (5) fluid oil and gas waste recycling operators; | ||
| (6) public water utilities; | ||
| (7) landowners or owners of groundwater rights; | ||
| (8) commercial water recyclers and midstream water | ||
| companies; and | ||
| (9) other appropriate interests or industries. | ||
| (f) The host university shall appoint members to the | ||
| stakeholder advisory council from members of the consortium. If no | ||
| member of the consortium represents an interest or industry | ||
| described by Subsection (e), the host university may appoint a | ||
| person to represent the interest or industry from outside the | ||
| consortium. | ||
| (g) The stakeholder advisory council shall advise the | ||
| consortium on matters related to research, investigation, and | ||
| contract development. | ||
| (h) The technical and economic steering committee is | ||
| composed of members appointed by the host university to provide | ||
| technical, economic, and scientific expertise. The technical and | ||
| economic steering committee shall determine the feasibility of | ||
| proposals for research or investigation by the consortium and | ||
| decide which proposals the consortium will accept for research or | ||
| investigation. | ||
| Sec. 109.204. DUTIES. (a) The consortium shall study the | ||
| economic, environmental, and public health considerations of | ||
| beneficial uses of fluid oil and gas waste and technology needed for | ||
| those uses. After October 1, 2022: | ||
| (1) the research and investigation goals of the | ||
| consortium shall be directed by the members of the consortium; and | ||
| (2) the host university may disband the consortium if | ||
| the host university determines that the consortium does not have | ||
| sufficient membership. | ||
| (a-1) This subsection expires October 1, 2022. Not later | ||
| than September 1, 2022, the consortium shall produce a report that | ||
| includes: | ||
| (1) suggested changes to laws and administrative rules | ||
| to better enable beneficial uses of fluid oil and gas waste, | ||
| including specific changes designed to find and define beneficial | ||
| uses for fluid oil and gas waste outside of the oil and gas | ||
| industry; | ||
| (2) suggested guidance for establishing fluid oil and | ||
| gas waste permitting and testing standards; | ||
| (3) a technologically and economically feasible pilot | ||
| project for state participation in a facility designed and operated | ||
| to recycle fluid oil and gas waste; and | ||
| (4) an economic model for using fluid oil and gas waste | ||
| in a way that is economical and efficient and that protects public | ||
| health and the environment. | ||
| (b) The host university shall: | ||
| (1) provide staff and other resources necessary for | ||
| the consortium to meet the requirements of this subchapter; | ||
| (2) consult with the New Mexico Produced Water | ||
| Research Consortium and that consortium's Government Advisory | ||
| Board on research, data, and any other matter related to the | ||
| consortium; and | ||
| (3) solicit participation from: | ||
| (A) the oil and gas industry; | ||
| (B) agricultural water users; | ||
| (C) industrial water users; | ||
| (D) environmental interests; | ||
| (E) fluid oil and gas waste recycling operators; | ||
| (F) commercial water recyclers and midstream | ||
| water companies; | ||
| (G) landowners; | ||
| (H) owners of groundwater rights; | ||
| (I) public water utilities; and | ||
| (J) river authorities subject to Section | ||
| 325.025, Government Code. | ||
| (c) The host university shall coordinate with other members | ||
| of the state university system and state agencies to provide | ||
| resources necessary for the consortium to meet the requirements of | ||
| this subchapter. | ||
| Sec. 109.205. FUNDING. (a) The agency advisory council and | ||
| the host university shall collaborate to create a fee structure | ||
| that establishes membership costs at various levels for private | ||
| entities that may contribute money to the consortium for research | ||
| and investigation. Membership costs may include contributions of | ||
| equipment or other resources in lieu of money. | ||
| (b) Money paid by private entities as membership costs may | ||
| be used only for research and investigation conducted by the | ||
| consortium. | ||
| (c) Except for state money appropriated to the host | ||
| university for use in meeting the requirements of Section | ||
| 109.204(a-1) and resources provided by the host university and | ||
| other state university system entities or state agencies, the | ||
| consortium may not receive state money. | ||
| (d) The consortium may accept gifts and grants of money, | ||
| equipment, or other resources necessary to accomplish its duties | ||
| under this subchapter. | ||
| Sec. 109.206. ACCESS TO DATA. (a) In exchange for | ||
| membership in the consortium, a private entity may receive access | ||
| to data produced as a result of investigation by the consortium in | ||
| an amount proportionate to the entity's level of membership. | ||
| (b) A private entity's access to the consortium's | ||
| investigation data must be governed by a membership contract | ||
| between the host university and the entity that describes the data | ||
| to be released to the private entity. | ||
| (c) The consortium shall make information about the work of | ||
| the consortium available to the public on an Internet website | ||
| maintained by the host university. Information made available | ||
| under this subsection may not be privileged, proprietary, or | ||
| confidential. | ||
| SECTION 2. (a) Not later than October 1, 2021, each state | ||
| agency described by Section 109.203(a), Education Code, as added by | ||
| this Act, shall select a representative to serve on the agency | ||
| advisory council of the Texas Produced Water Consortium, as | ||
| required by Section 109.203(b), Education Code, as added by this | ||
| Act. | ||
| (b) Not later than September 1, 2022, the Texas Produced | ||
| Water Consortium shall deliver the report required by Section | ||
| 109.204(a-1), Education Code, as added by this Act. | ||
| (c) Not later than September 1, 2022, the Texas Produced | ||
| Water Consortium shall create a pilot project required by Section | ||
| 109.204(a-1)(3), Education Code, as added by this Act. | ||
| SECTION 3. The Texas Produced Water Consortium, as created | ||
| by Subchapter E, Chapter 109, Education Code, as added by this Act, | ||
| is required to implement a provision of this Act only if the | ||
| legislature appropriates money specifically for that purpose. If | ||
| the legislature does not appropriate money specifically for that | ||
| purpose, the consortium may, but is not required to, implement a | ||
| provision of this Act using other appropriations available for that | ||
| purpose. | ||
| SECTION 4. 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, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 601 passed the Senate on | ||
| March 30, 2021, by the following vote: Yeas 30, Nays 1; | ||
| May 25, 2021, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 27, 2021, House | ||
| granted request of the Senate; May 29, 2021, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 30, | ||
| Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 601 passed the House, with | ||
| amendments, on May 18, 2021, by the following vote: Yeas 143, | ||
| Nays 0, one present not voting; May 27, 2021, House granted request | ||
| of the Senate for appointment of Conference Committee; | ||
| May 29, 2021, House adopted Conference Committee Report by the | ||
| following vote: Yeas 132, Nays 5, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
