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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Railroad Commission of Texas to |
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require water pollution abatement plans for certain pipelines; |
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providing for the imposition of a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 26, Water Code, is amended |
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by adding Section 26.136 to read as follows: |
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Sec. 26.136. EDWARDS AQUIFER PROTECTION PLANS FOR OIL OR |
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GAS PIPELINES. (a) In this section: |
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(1) "Edwards Aquifer" has the meaning assigned by |
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Section 26.046. |
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(2) "Water pollution abatement plan" means a plan that |
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outlines best management practices that will be implemented to |
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protect water quality when a construction-related or |
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post-construction activity in the recharge zone of the Edwards |
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Aquifer has the potential for polluting the aquifer and |
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hydrologically connected surface streams. |
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(b) Notwithstanding any other provision of this chapter or |
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the Natural Resources Code, the Railroad Commission of Texas shall |
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require the owner or operator of an oil or gas pipeline that is |
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subject to the jurisdiction of the Railroad Commission of Texas and |
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constructed or expanded in the recharge zone of the Edwards Aquifer |
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to submit to the Railroad Commission of Texas a water pollution |
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abatement plan for the pipeline. |
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(c) The Railroad Commission of Texas, in consultation with |
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the Texas Commission on Environmental Quality, by rule shall adopt |
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construction or operational temporary best management practices |
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for water pollution abatement plans described by Subsection (b). |
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The rules may incorporate construction best management practices |
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adopted for protection of the Edwards Aquifer recharge zone by the |
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Texas Commission on Environmental Quality. |
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(d) The Texas Commission on Environmental Quality and the |
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Railroad Commission of Texas shall: |
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(1) develop a process for joint consultation on water |
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pollution abatement in the Edwards Aquifer recharge zone by owners |
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or operators of pipelines described by Subsection (b); and |
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(2) by rule enter into a memorandum of understanding |
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on the implementation of the process. |
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SECTION 2. Section 40.008, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad |
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Commission of Texas shall continue to exercise its authority |
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pursuant to Section 91.101 of this code and Sections [Section] |
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26.131 and 26.136, Water Code, to issue and enforce rules, permits, |
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and orders to prevent pollution of surface and subsurface waters in |
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the state by activities associated with the exploration, |
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development, or production of oil, gas, or geothermal resources, |
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including the transportation of oil or gas by pipeline. Nothing in |
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this chapter preempts the jurisdiction of the Railroad Commission |
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of Texas under Subchapter E, Chapter 121, Utilities Code, and |
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Chapter 117, Natural Resources Code, over pipeline transportation |
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of gas and hazardous liquids and over gas and hazardous liquid |
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pipeline facilities. |
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SECTION 3. Section 91.003(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) In addition to other authority specifically granted to |
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the commission under this chapter, the commission may enforce this |
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chapter and Section 26.136, Water Code, or any rule, order, or |
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permit of the commission adopted under this chapter or Section |
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26.136, Water Code, in the manner and subject to the conditions |
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provided in Chapters 81 and 85 of this code, including the authority |
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to seek and obtain civil penalties and injunctive relief as |
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provided by those chapters. |
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SECTION 4. The changes in law made by this Act apply only to |
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a pipeline the construction or expansion of which begins on or after |
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the effective date of this Act. A pipeline for which construction or |
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expansion began before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2024. |