85R21292 JXC-F
 
  By: Estes S.B. No. 1541
 
  (Lambert, King of Parker)
 
  Substitute the following for S.B. No. 1541:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the treatment and recycling for beneficial use of drill
  cuttings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 123.001, Natural Resources Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "Treatment" means a manufacturing, mechanical,
  thermal, or chemical process other than sizing, shaping, diluting,
  or sorting.
         SECTION 2.  Chapter 123, Natural Resources Code, is amended
  by adding Section 123.0015 to read as follows:
         Sec. 123.0015.  BENEFICIAL USE. (a)  For the purposes of
  this chapter, a use of drill cuttings is considered to be beneficial
  if the cuttings are used:
               (1)  in the construction of oil and gas lease pads or
  oil and gas lease roads; or
               (2)  as part of a legitimate commercial product.
         (b)  The commission by rule shall define "legitimate
  commercial product" for the purposes of this chapter.
         (c)  The commission by rule shall adopt criteria for
  beneficial uses to ensure that a beneficial use of recycled drill
  cuttings under this chapter is at least as protective of public
  health, public safety, and the environment as the use of an
  equivalent product made without recycled drill cuttings.
         SECTION 3.  Section 123.005, Natural Resources Code, is
  amended to read as follows:
         Sec. 123.005.  COMMISSION RULES, PERMITS, AND ORDERS FOR
  TREATMENT AND BENEFICIAL USE.  (a)  The commission shall adopt rules
  to govern the treatment and beneficial use of drill cuttings.
         (b)  A rule adopted by the commission under this chapter or a
  permit or order issued by the commission regarding the treatment
  and beneficial use of drill cuttings must be at least as protective
  of public health, public safety, and the environment as a rule,
  permit, or order, respectively, adopted or issued by the commission
  regarding the disposal of drill cuttings.
         SECTION 4.  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, 2017.