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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of an application for a permit to drill certain |
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injection wells within a certain distance of a groundwater |
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conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 27.017, Water Code, is |
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amended to read as follows: |
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Sec. 27.017. NOTICE TO AND RECOMMENDATIONS FROM OTHER |
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ENTITIES REGARDING APPLICATIONS. |
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SECTION 2. Section 27.017(b), Water Code, is amended to |
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read as follows: |
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(b) This subsection does not apply to an application for a |
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permit for an ASR injection well under Subchapter G. If an |
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application is received in proper form for a permit for an injection |
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well under the jurisdiction of the commission under this chapter |
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[to dispose of industrial and municipal waste] and the proposed |
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location of the injection well is in the territory of or within 10 |
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miles of the boundaries of a groundwater conservation district, the |
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executive director shall submit a copy of the application to the |
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governing body of each such [the] groundwater conservation |
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district. Notice received under this subsection does not grant a |
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groundwater conservation district standing as an affected person in |
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a protest or hearing before the commission. |
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SECTION 3. Section 27.018(e), Water Code, is amended to |
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read as follows: |
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(e) This subsection does not apply to an application for a |
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permit for an ASR injection well under Subchapter G. In addition to |
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the requirements of Subsection (c), before any testimony is heard |
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in a contested case regarding an application for a permit for an |
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injection well under the jurisdiction of the commission under this |
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chapter [to dispose of industrial and municipal waste] that is |
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proposed to be located in the territory of or within 10 miles of the |
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boundaries of a groundwater conservation district, the record of |
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the proceeding must include evidence that: |
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(1) a copy of each draft permit proposed by the |
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executive director was provided to the governing body of each such |
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[the] groundwater conservation district; and |
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(2) notice of the contested case hearing was mailed to |
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the governing body of each such [the] groundwater conservation |
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district. |
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SECTION 4. Subchapter C, Chapter 27, Water Code, is amended |
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by adding Section 27.0322 to read as follows: |
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Sec. 27.0322. NOTICE TO GROUNDWATER CONSERVATION |
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DISTRICTS. (a) A person making application to the railroad |
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commission for a permit for an injection well to which this |
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subchapter applies the proposed location of which is in the |
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territory of or within 10 miles of the boundaries of a groundwater |
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conservation district shall: |
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(1) submit a copy of the application to the governing |
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body of each such groundwater conservation district; and |
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(2) submit with the application evidence showing that |
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the applicant has complied with Subdivision (1). |
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(b) Notice received under this section does not grant a |
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groundwater conservation district standing as an affected person in |
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a protest or hearing before the railroad commission. |
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SECTION 5. Subchapter C-1, Chapter 27, Water Code, is |
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amended by adding Section 27.0441 to read as follows: |
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Sec. 27.0441. NOTICE TO GROUNDWATER CONSERVATION |
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DISTRICTS. (a) A person making application to the railroad |
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commission for a permit for an injection well to which this |
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subchapter applies the proposed location of which is in the |
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territory of or within 10 miles of the boundaries of a groundwater |
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conservation district shall: |
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(1) submit a copy of the application to the governing |
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body of each such groundwater conservation district; and |
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(2) submit with the application evidence showing that |
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the applicant has complied with Subdivision (1). |
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(b) Notice received under this section does not grant a |
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groundwater conservation district standing as an affected person in |
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a protest or hearing before the railroad commission. |
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SECTION 6. (a) Not later than March 1, 2018, the Texas |
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Commission on Environmental Quality and the Railroad Commission of |
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Texas shall adopt rules as necessary to implement the change in law |
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made by this Act to Chapter 27, Water Code. |
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(b) The change in law made by this Act to Chapter 27, Water |
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Code, applies only to a permit application submitted to the Texas |
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Commission on Environmental Quality or the Railroad Commission of |
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Texas on or after the effective date of the applicable rules adopted |
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under Subsection (a) of this section. A permit application |
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submitted before the effective date of the applicable rules adopted |
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under Subsection (a) of this section is governed by the law in |
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effect when the permit application was submitted, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |