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A BILL TO BE ENTITLED
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AN ACT
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relating to procedural requirements for uranium mining 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(c) and (d), Water Code, are |
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amended to read as follows: |
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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 or an amendment to an |
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authorization that allows the permit holder to conduct mining and |
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restoration activities in production zones within the boundary |
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established in the permit 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, unless the application or amendment would |
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authorize [if]: |
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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 water |
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[authorization is for a production zone located within the boundary |
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of a permit that incorporates a range table of groundwater quality |
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restoration values used to measure groundwater restoration by the |
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commission]; |
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(2) expansion of the permit boundary [the application |
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includes groundwater quality restoration values falling at or below |
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the upper limit of the range established in Subdivision (1)]; or |
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[and] |
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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 [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]. |
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SECTION 2. Sections 27.0513(e), (f), and (g), Water Code, |
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are repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for an authorization that is submitted to the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An application for an authorization that was |
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submitted to the commission before the effective date of this Act is |
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governed by the law in effect at the time the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |