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A BILL TO BE ENTITLED
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AN ACT
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relating to 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, Water Code, is amended by |
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amending Subsections (a), (c), (d), (e), and (f) and adding |
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Subsection (g) 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 renewed 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 permit boundary and |
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area of review, as provided by commission rule, for each water |
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quality parameter used to measure groundwater restoration in a |
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commission-required restoration table. The values in the permit |
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range table must be established from pre-mining baseline wells and |
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all available wells within the area of review, including those in |
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the existing or proposed permit boundary and any existing or |
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proposed production areas. Wells used for that purpose are limited |
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to those that have documented completion depths and screened |
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intervals that correspond to a uranium production zone aquifer |
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identified within the 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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or amended authorization exceeds the range listed in the permit |
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range table such that it falls above the upper limit of the range, |
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the value within the permit range table must be used or a major |
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amendment to the permit range table must be obtained, subject to an |
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opportunity for a contested case hearing or the hearing |
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requirements of Chapter 2001, 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 for a production zone located |
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within the boundary of a permit that incorporates a range table of |
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groundwater quality restoration values used to measure groundwater |
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restoration by the commission; |
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(2) the application includes groundwater quality |
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restoration values falling at or below the upper limit of the range |
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established in Subdivision (1); and |
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(3) the authorization is for a production zone located |
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within the boundary of a permit that incorporates groundwater |
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baseline characteristics of the wells for the application required |
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by commission rule [unless the authorization seeks any of the
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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 baseline wells and all |
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available well sample data collected in the permit boundary and |
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within one-quarter mile of the boundary of the production zone [The
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executive director 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) for a |
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production zone located within the boundary of a permit issued |
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under Subsection (a) is subject to the requirements of Chapter |
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2001, Government Code, relating to an opportunity for a contested |
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case hearing. The first authorization application must contain the |
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following provisions: |
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(1) a baseline water quality table with a range of |
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groundwater quality restoration values used to measure groundwater |
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restoration by the commission that complies with the same range |
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requirements as a permit described by Subsection (a); |
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(2) groundwater quality restoration values falling at |
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or below the upper limit of the range established in Subdivision |
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(1); and |
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(3) groundwater baseline characteristics of the wells |
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for the application required by commission rule. |
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(g) If a first authorization has previously been issued for |
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a production zone located within the boundary of a permit, that |
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authorization is effective for the purposes of this subsection. A |
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subsequent authorization application for a production zone that is |
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located within the same permit boundary as a production zone for |
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which an authorization was issued under Subsection (f) is not |
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subject to an opportunity for a contested case hearing or the |
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hearing requirements of Chapter 2001, Government Code, unless the |
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subsequent application would authorize the following: |
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(1) the use of groundwater from a well that was not |
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previously approved in the permit for supplemental production |
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water; |
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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. 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. |
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