LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
May 18, 2023

TO:
Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB4856 by Darby (Relating to the jurisdiction of the Texas Commission on Environmental Quality over certain recharge injection wells.), As Engrossed

The fiscal implications of the bill cannot be determined because the amount of produced fluid oil and gas waste that would be treated, the standard that the fluid oil and gas waste would be treated to, and the number of injection wells that may apply for permits under the bill are unknown

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

The bill would amend the Water Code to provide the Texas Commission on Environmental Quality (TCEQ) exclusive jurisdiction over the regulation and permitting of recharge injection wells including injection recharge wells used for the injection of fluid oil and gas waste. The bill would prohibit a recharge injection well from being used for the injection of fluid oil and gas waste unless the waste has been treated to meet the standards adopted by TCEQ under the provisions of the bill.

This analysis assumes that costs associated with implementing the provisions of the bill would need to be funded out of General Revenue-Dedicated Waste Management Account No. 549. Based on information provided by TCEQ, it is assumed that the agency would be unable to absorb additional work associated with implementing the provisions of the bill in existing resources and would require additional staff. However, the fiscal implications of the bill cannot be determined because the amount of produced fluid oil and gas waste that would be treated, the standard that the fluid oil and gas waste would be treated to, and the number of injection wells that may apply for permits under the bill are unknown at this time.

TCEQ indicates that it does not have the authority under current federal regulations to regulate the activity as required in the bill.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 582 Commission on Environmental Quality
LBB Staff:
JMc, SZ, KDw, MW, DKN, CMA