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A BILL TO BE ENTITLED
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AN ACT
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relating to testing requirements for certain commercial injection |
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wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.051(b), Water Code, is amended to |
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read as follows: |
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(b) The railroad commission may grant an application in |
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whole or part and may issue the permit if it finds: |
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(1) that the use or installation of the injection well |
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is in the public interest; |
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(2) that the use or installation of the injection well |
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will not endanger or injure any oil, gas, or other mineral |
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formation; |
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(3) that, with proper safeguards, both ground and |
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surface fresh water can be adequately protected from pollution; |
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[and] |
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(4) that the applicant has made a satisfactory showing |
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of financial responsibility if required by Section 27.073 of this |
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code; |
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(5) that the applicant for a Class II injection well, |
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as defined by the railroad commission, will use on-site monitoring |
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wells to monitor and analyze groundwater quality in accordance with |
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rules adopted by the commission; and |
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(6) that the applicant for a Class II injection well, |
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as defined by the railroad commission, will conduct shallow soil |
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tests in accordance with rules adopted by the commission. |
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SECTION 2. Subchapter D, Chapter 27, Water Code, is amended |
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by adding Section 27.058 to read as follows: |
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Sec. 27.058. REPORTING REQUIREMENTS. The holder of a |
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permit for an injection well requiring on-site monitoring wells and |
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soil testing under Sections 27.051(b)(5) and (6) shall submit to |
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the railroad commission a report of groundwater and soil quality: |
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(1) on a regular schedule as required by railroad |
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commission rules; and |
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(2) immediately when a change in quality is detected. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Railroad Commission of Texas shall adopt rules to |
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implement Sections 27.051(b)(5) and (6) and Section 27.058, Water |
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Code, as added by this Act. |
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SECTION 4. The changes in law made by this Act apply to |
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permit applications pending before the Railroad Commission of Texas |
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on or after the effective date of this Act. A permit issued before |
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the effective date of this Act is governed by the law in effect when |
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the permit was issued, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |