| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation and management of produced water from |
|
|
oil and gas operations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 91.101(a), Natural Resources Code, as |
|
|
effective until delegation of authority under the Resource |
|
|
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
|
|
seq.) to the Railroad Commission of Texas, is amended to read as |
|
|
follows: |
|
|
(a) To prevent pollution of surface water or subsurface |
|
|
water in the state, the commission shall adopt and enforce rules and |
|
|
orders and may issue permits relating to: |
|
|
(1) the drilling of exploratory wells and oil and gas |
|
|
wells or any purpose in connection with them; |
|
|
(2) the production of oil and gas, including: |
|
|
(A) activities associated with the drilling of |
|
|
injection water source wells which penetrate the base of useable |
|
|
quality water; |
|
|
(B) activities associated with the drilling of |
|
|
cathodic protection holes associated with the cathodic protection |
|
|
of wells and pipelines subject to the jurisdiction of the |
|
|
commission; |
|
|
(C) activities associated with gasoline plants, |
|
|
natural gas or natural gas liquids processing plants, pressure |
|
|
maintenance plants, or repressurizing plants; |
|
|
(D) activities associated with any underground |
|
|
natural gas storage facility, provided the terms "natural gas" and |
|
|
"storage facility" shall have the meanings set out in Section |
|
|
91.173, Natural Resources Code; |
|
|
(E) activities associated with any underground |
|
|
hydrocarbon storage facility, provided the terms "hydrocarbons" |
|
|
and "underground hydrocarbon storage facility" shall have the |
|
|
meanings set out in Section 91.201, Natural Resources Code; and |
|
|
(F) activities associated with the storage, |
|
|
handling, reclamation, gathering, transportation, or distribution |
|
|
of oil or gas prior to the refining of such oil or prior to the use |
|
|
of such gas in any manufacturing process or as a residential or |
|
|
industrial fuel; |
|
|
(3) the operation, abandonment, and proper plugging of |
|
|
wells subject to the jurisdiction of the commission; [and] |
|
|
(4) the discharge, storage, handling, transportation, |
|
|
reclamation, or disposal of oil and gas waste as defined in Section |
|
|
91.1011 of this subchapter, or of any other substance or material |
|
|
associated with any operation or activity regulated by the |
|
|
commission under Subdivisions (1), (2), and (3) of this subsection; |
|
|
and |
|
|
(5) the recycling and beneficial use of produced water |
|
|
associated with any operation or activity regulated by the |
|
|
commission under Subdivisions (1), (2), and (3) of this subsection, |
|
|
taking into account the need to protect the public health and the |
|
|
environment. |
|
|
SECTION 2. Section 91.101, Natural Resources Code, as |
|
|
effective on delegation of authority under the Resource |
|
|
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
|
|
seq.) to the Railroad Commission of Texas, is amended to read as |
|
|
follows: |
|
|
Sec. 91.101. RULES AND ORDERS. To prevent pollution of |
|
|
surface water or subsurface water in the state, the commission |
|
|
shall adopt and enforce rules and orders and may issue permits |
|
|
relating to: |
|
|
(1) the drilling of exploratory wells and oil and gas |
|
|
wells or any purpose in connection with them; |
|
|
(2) the production of oil and gas, including: |
|
|
(A) activities associated with the drilling of |
|
|
injection water source wells which penetrate the base of useable |
|
|
quality water; |
|
|
(B) activities associated with the drilling of |
|
|
cathodic protection holes associated with the cathodic protection |
|
|
of wells and pipelines subject to the jurisdiction of the |
|
|
commission; |
|
|
(C) activities associated with gasoline plants, |
|
|
natural gas or natural gas liquids processing plants, pressure |
|
|
maintenance plants, or repressurizing plants; |
|
|
(D) activities associated with any underground |
|
|
natural gas storage facility, provided the terms "natural gas" and |
|
|
"storage facility" shall have the meanings set out in Section |
|
|
91.173, Natural Resources Code; |
|
|
(E) activities associated with any underground |
|
|
hydrocarbon storage facility, provided the terms "hydrocarbons" |
|
|
and "underground hydrocarbon storage facility" shall have the |
|
|
meanings set out in Section 91.201, Natural Resources Code; and |
|
|
(F) activities associated with the storage, |
|
|
handling, reclamation, gathering, transportation, or distribution |
|
|
of oil or gas prior to the refining of such oil or prior to the use |
|
|
of such gas in any manufacturing process or as a residential or |
|
|
industrial fuel; |
|
|
(3) the operation, abandonment, and proper plugging of |
|
|
wells subject to the jurisdiction of the commission; [and] |
|
|
(4) the discharge, storage, handling, transportation, |
|
|
reclamation, or disposal of oil and gas waste as defined in Section |
|
|
91.1011 of this subchapter, or of any other substance or material |
|
|
associated with any operation or activity regulated by the |
|
|
commission under Subdivisions (1), (2), and (3) of this section; |
|
|
and |
|
|
(5) the recycling and beneficial use of produced water |
|
|
associated with any operation or activity regulated by the |
|
|
commission under Subdivisions (1), (2), and (3) of this section, |
|
|
taking into account the need to protect the public health and the |
|
|
environment. |
|
|
SECTION 3. Subtitle D, Title 3, Natural Resources Code, is |
|
|
amended by adding Chapter 122A to read as follows: |
|
|
CHAPTER 122A. BENEFICIAL USE OF PRODUCED WATER |
|
|
Sec. 122A.0101. BENEFICIAL USE. For the purposes of this |
|
|
chapter, a beneficial use of produced water means irrigation, a |
|
|
discharge approved under a permit issued by the Texas Commission on |
|
|
Environmental Quality under Chapter 26, Water Code, or another |
|
|
beneficial use approved under a permit issued by the Railroad |
|
|
Commission of Texas under Chapter 91. |
|
|
SECTION 4. Section 26.131(d), Water Code, as effective |
|
|
until delegation of authority under the Resource Conservation and |
|
|
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
|
|
Railroad Commission of Texas, is amended to read as follows: |
|
|
(d) The commission may issue permits for the discharge into |
|
|
water in this state of produced water, hydrostatic test water, and |
|
|
gas plant effluent resulting from the activities described by |
|
|
Subsection (a) on delegation to the commission of NPDES authority |
|
|
for those discharges. The discharge of produced water, hydrostatic |
|
|
test water, and gas plant effluent into water in this state under |
|
|
this subsection must meet the water quality standards established |
|
|
by the commission. The commission shall provide to an applicant for |
|
|
a permit described by this subsection for the discharge of produced |
|
|
water assistance with the preparation and submission of the permit |
|
|
application. |
|
|
SECTION 5. Section 26.131(c), Water Code, as effective on |
|
|
delegation of authority under the Resource Conservation and |
|
|
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
|
|
Railroad Commission of Texas, is amended to read as follows: |
|
|
(c) The commission may issue permits for the discharge into |
|
|
water in this state of produced water, hydrostatic test water, and |
|
|
gas plant effluent resulting from the activities described by |
|
|
Subsection (a) on delegation to the commission of NPDES authority |
|
|
for those discharges. The discharge of produced water, hydrostatic |
|
|
test water, and gas plant effluent into water in this state under |
|
|
this subsection must meet the water quality standards established |
|
|
by the commission. The commission shall provide to an applicant for |
|
|
a permit described by this subsection for the discharge of produced |
|
|
water assistance with the preparation and submission of the permit |
|
|
application. |
|
|
SECTION 6. The change in law made by this Act does not |
|
|
affect tax liability accruing before the effective date of this |
|
|
Act. That liability continues in effect as if this Act had not been |
|
|
enacted, and the former law is continued in effect for the |
|
|
collection of taxes due and for civil and criminal enforcement of |
|
|
the liability for those taxes. |
|
|
SECTION 7. This Act takes effect September 1, 2023. |