81R10635 JTS-D

By: Christian H.B. No. 4027

A BILL TO BE ENTITLED

AN ACT

relating to limitations on the location of Class II injection wells.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 27, Water Code, is amended by adding Sections 27.057, 27.058, 27.059, 27.060, and 27.061 to read as follows:

Sec. 27.057. PROHIBITION ON PERMIT FOR CLASS II INJECTION WELL WITHIN CERTAIN DISTANCE OF RESIDENCE, CHURCH, SCHOOL, DAY-CARE CENTER, PARK, OR PUBLIC DRINKING WATER SUPPLY. (a) The railroad commission by rule shall prohibit the issuance of a permit for a Class II injection well, as that term is defined by the railroad commission, if the well is to be located within one-half mile (2,640 feet) of an established:

(1) residence;

(2) church;

(3) school;

(4) day-care center;

(5) surface water body used for a public drinking water supply; or

(6) dedicated public park.

(b) The railroad commission by rule shall prohibit the issuance of a permit for a Class II injection well, as that term is defined by the railroad commission, that is proposed to be located at a distance greater than one-half mile (2,640 feet) from a location described by Subsection (a) unless the applicant demonstrates that the well will be operated so as to safeguard public health and welfare and protect physical property and the environment, at any distance beyond the well's property boundaries, consistent with the purposes of this chapter.

(c) The measurement of distance required by Subsections (a) and (b) shall be taken toward an established residence, church, school, day-care center, surface water body used for a public drinking water supply, or dedicated park that is in use when the notice of intent to file a permit application is filed with the railroad commission or, if no notice of intent is filed, when the permit application is filed with the railroad commission. The restriction imposed by Subsection (a) does not apply if the residence, church, school, day-care center, surface water body used for a public drinking water supply, or dedicated park is located on property that is owned by the permit applicant and that is adjacent to the well for which the application is filed.

Sec. 27.058. PROHIBITION ON PERMIT FOR INJECTION WELL AFFECTED BY FAULT. The railroad commission may not issue a permit for a Class II injection well, as that term is defined by the railroad commission, if a fault exists within two and one-half miles from the proposed or existing wellbore of an injection well or the area within the cone of influence, whichever is greater, unless the applicant can demonstrate that the fault is not sufficiently transmissive or vertically extensive to allow migration of hazardous constituents out of the injection zone.

Sec. 27.059. OTHER AREAS UNSUITABLE FOR CLASS II INJECTION WELLS. The railroad commission by rule shall define the characteristics that make other areas unsuitable for a Class II injection well, as that term is defined by the railroad commission, including consideration of characteristics related to:

(1) flood hazards;

(2) discharge from or recharge to a groundwater aquifer;

(3) soil conditions;

(4) areas of direct drainage within one mile of a lake used to supply public drinking water;

(5) active geological processes;

(6) coastal high hazard areas, such as areas subject to hurricane storm surge and shoreline erosion; or

(7) critical habitat of endangered species.

Sec. 27.060. PROHIBITION ON PERMIT FOR CLASS II INJECTION WELL IN UNSUITABLE AREA. The railroad commission by rule shall prohibit the issuance of a permit for a new Class II injection well, as that term is defined by the railroad commission, if the well is to be located in an area determined to be unsuitable under rules adopted by the railroad commission under Section 27.059 unless the design, construction, and operational features of the well will prevent adverse effects from unsuitable site characteristics.

Sec. 27.061. PETITION BY LOCAL GOVERNMENT FOR RULE ON CLASS II INJECTION WELL IN UNSUITABLE AREA. (a) The railroad commission by rule shall allow a local government to petition the railroad commission for a rule that restricts or prohibits the siting of a new Class II injection well, as that term is defined by the railroad commission, in an area specified by the petition, including an area that has one or more of the characteristics described by Section 27.059.

(b) A rule adopted under this section may not affect the siting of a new Class II injection well, as that term is defined by the railroad commission, if an application or a notice of intent to file an application concerning the well is filed with the railroad commission before the filing of a petition under this section.

SECTION 2. The changes in law made by this Act apply to permit applications pending before the Railroad Commission of Texas on or after the effective date of this Act. A permit issued before the effective date of this Act is governed by the law in effect when the permit was issued, and the former law is continued in effect for that purpose.

SECTION 3. 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, 2009.