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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedural requirements for action by the Texas |
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Commission on Environmental Quality on applications for production |
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area authorizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 27.0513(a), (c), (d), (e), and (f), |
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Water Code, are amended to read as follows: |
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(a) The commission may issue a permit pursuant to Section |
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27.011 that authorizes the construction and operation of two or |
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more similar injection wells within a specified area for mining of |
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uranium. An application for a new permit issued pursuant to Section |
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27.011, a major amendment of such a permit, or a renewal of such a |
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permit for mining of uranium is subject to the public notice |
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requirements and opportunity for contested case hearing provided |
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under Section 27.018. A new, amended, or renewal area permit must |
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incorporate a table of pre-mining low and high values representing |
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the range of groundwater quality within the area of review, as |
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provided by commission rule, for each water quality parameter used |
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to measure groundwater restoration in a commission-required |
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restoration table. The values in the area permit range table must |
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be established from all available wells within the area of review, |
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including those in the existing or proposed area permit boundary |
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and existing or proposed production area. Wells used for this |
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purpose are limited to those that have documented completion depths |
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and screened intervals that correspond to a uranium production zone |
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aquifer identified within an area permit boundary. |
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(c) The commission may issue a holder of a permit issued |
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pursuant to Section 27.011 for mining of uranium an authorization |
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that allows the permit holder to conduct mining and restoration |
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activities in production zones within the boundary established in |
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the permit. The commission by rule shall establish application |
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requirements, technical requirements, including the methods for |
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determining restoration table values, and procedural requirements |
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for any authorization. If a restoration table value for a proposed |
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authorization exceeds the range listed in the area permit range |
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table, such that it falls above the upper limit of the range, the |
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value within the area permit range table must be used or a major |
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amendment to the area permit range table must be made, subject to a |
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contested case hearing or the hearing requirements of Chapter 2001, |
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Government Code. |
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(d) Notwithstanding Sections 5.551, 5.556, 27.011, and |
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27.018, an application for an authorization [submitted after
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September 1, 2007,] is an uncontested matter not subject to a |
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contested case hearing or the hearing requirements of Chapter 2001, |
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Government Code, if: |
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(1) the authorization is located within a permit that |
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incorporates a range of groundwater quality restoration values used |
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to measure groundwater restoration by the commission; |
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(2) the application includes groundwater quality |
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restoration values within the range established in Subdivision (1); |
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and |
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(3) the authorization is located within a permit that |
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incorporates groundwater monitoring characteristics of the |
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monitoring wells for the application required by commission rule |
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[unless the authorization seeks any of the following:
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[(1) an amendment to a restoration table value;
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[(2)
the initial establishment of monitoring wells for
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any area covered by the authorization, including the location,
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number, depth, spacing, and design of the monitoring wells, unless
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the executive director uses the recommendation of an independent
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third-party expert chosen by the commission; or
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[(3)
an amendment to the type or amount of bond
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required for groundwater restoration or by Section 27.073 to assure
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that there are sufficient funds available to the state for
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groundwater restoration or the plugging of abandoned wells in the
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area by a third-party contractor]. |
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(e) The range of restoration values in the range table used |
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for Subsection (d) must be established from all available well |
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sample data collected in the area of review [The executive director
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may use an independent third-party expert if:
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[(1)
the expert meets the qualifications set by
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commission rules for such experts;
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[(2)
the applicant for the authorization agrees to pay
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the costs for the work of the expert; and
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[(3)
the applicant for the authorization is not
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involved in the selection of the expert or the direction of the work
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of the expert]. |
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(f) As an alternative to Subsection (d), the first |
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application for an authorization issued under Subsection (c) |
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located within a permit issued under Subsection (a) is subject to |
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the requirements of Chapter 2001, Government Code, relating to |
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opportunities for contested case hearings. The first application |
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must contain the provisions listed in Subsections (d)(1)-(3). If a |
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first authorization has previously been issued within a permit, |
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that authorization is effective for the purposes of this |
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subsection. A subsequent application for an authorization located |
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within the same permit boundary is not subject to a contested case |
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hearing or the hearing requirements of Chapter 2001, Government |
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Code, unless the subsequent application would authorize the |
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following: |
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(1) the use of groundwater from an aquifer outside the |
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production zone aquifer for supplemental production water that was |
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not previously approved in the permit; |
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(2) expansion of the permit boundary; or |
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(3) application monitoring well locations that exceed |
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well spacing requirements or reduce the number of wells required by |
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commission rule [An application seeking approval under Subsections
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(d)(1)-(3) is subject to the public notice and contested hearing
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requirements provided in Section 27.018]. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for an authorization or a new, amended, or renewal |
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permit that is submitted to the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. An application |
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that was submitted to the commission before the effective date of |
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this Act is governed by the law in effect at the time the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. 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, 2013. |