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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and management of produced water from |
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oil and gas operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.101(a), Natural Resources Code, as |
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effective until delegation of authority under the Resource |
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Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
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seq.) to the Railroad Commission of Texas, is amended to read as |
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follows: |
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(a) To prevent pollution of surface water or subsurface |
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water in the state, the commission shall adopt and enforce rules and |
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orders and may issue permits relating to: |
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(1) the drilling of exploratory wells and oil and gas |
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wells or any purpose in connection with them; |
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(2) the production of oil and gas, including: |
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(A) activities associated with the drilling of |
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injection water source wells which penetrate the base of useable |
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quality water; |
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(B) activities associated with the drilling of |
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cathodic protection holes associated with the cathodic protection |
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of wells and pipelines subject to the jurisdiction of the |
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commission; |
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(C) activities associated with gasoline plants, |
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natural gas or natural gas liquids processing plants, pressure |
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maintenance plants, or repressurizing plants; |
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(D) activities associated with any underground |
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natural gas storage facility, provided the terms "natural gas" and |
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"storage facility" shall have the meanings set out in Section |
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91.173, Natural Resources Code; |
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(E) activities associated with any underground |
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hydrocarbon storage facility, provided the terms "hydrocarbons" |
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and "underground hydrocarbon storage facility" shall have the |
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meanings set out in Section 91.201, Natural Resources Code; and |
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(F) activities associated with the storage, |
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handling, reclamation, gathering, transportation, or distribution |
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of oil or gas prior to the refining of such oil or prior to the use |
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of such gas in any manufacturing process or as a residential or |
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industrial fuel; |
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(3) the operation, abandonment, and proper plugging of |
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wells subject to the jurisdiction of the commission; [and] |
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(4) the discharge, storage, handling, transportation, |
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reclamation, or disposal of oil and gas waste as defined in Section |
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91.1011 of this subchapter, or of any other substance or material |
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associated with any operation or activity regulated by the |
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commission under Subdivisions (1), (2), and (3) of this subsection; |
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and |
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(5) the recycling and beneficial use of produced water |
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associated with any operation or activity regulated by the |
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commission under Subdivisions (1), (2), and (3) of this subsection, |
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taking into account the need to protect the public health and the |
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environment. |
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SECTION 2. Section 91.101, Natural Resources Code, as |
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effective on delegation of authority under the Resource |
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|
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
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|
seq.) to the Railroad Commission of Texas, is amended to read as |
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|
follows: |
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Sec. 91.101. RULES AND ORDERS. To prevent pollution of |
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|
surface water or subsurface water in the state, the commission |
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|
shall adopt and enforce rules and orders and may issue permits |
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|
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; |
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(C) activities associated with gasoline plants, |
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|
natural gas or natural gas liquids processing plants, pressure |
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|
maintenance plants, or repressurizing plants; |
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|
(D) activities associated with any underground |
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|
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 |
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|
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, |
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|
handling, reclamation, gathering, transportation, or distribution |
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of oil or gas prior to the refining of such oil or prior to the use |
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of such gas in any manufacturing process or as a residential or |
|
|
industrial fuel; |
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(3) the operation, abandonment, and proper plugging of |
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|
wells subject to the jurisdiction of the commission; [and] |
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(4) the discharge, storage, handling, transportation, |
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reclamation, or disposal of oil and gas waste as defined in Section |
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91.1011 of this subchapter, or of any other substance or material |
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associated with any operation or activity regulated by the |
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commission under Subdivisions (1), (2), and (3) of this section; |
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and |
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(5) the recycling and beneficial use of produced water |
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associated with any operation or activity regulated by the |
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commission under Subdivisions (1), (2), and (3) of this section, |
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taking into account the need to protect the public health and the |
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environment. |
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SECTION 3. Section 26.131(d), Water Code, as effective |
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until delegation of authority under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
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Railroad Commission of Texas, is amended to read as follows: |
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(d) The commission may issue permits for the discharge into |
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water in this state of produced water, hydrostatic test water, and |
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gas plant effluent resulting from the activities described by |
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Subsection (a) on delegation to the commission of NPDES authority |
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for those discharges. The discharge of produced water, hydrostatic |
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test water, and gas plant effluent into water in this state under |
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this subsection must meet the water quality standards established |
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by the commission. The commission shall provide to an applicant for |
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a permit described by this subsection for the discharge of produced |
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water assistance with the preparation and submission of the permit |
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application. |
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SECTION 4. Section 26.131(c), Water Code, as effective on |
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delegation of authority under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
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Railroad Commission of Texas, is amended to read as follows: |
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(c) The commission may issue permits for the discharge into |
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water in this state of produced water, hydrostatic test water, and |
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|
gas plant effluent resulting from the activities described by |
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Subsection (a) on delegation to the commission of NPDES authority |
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for those discharges. The discharge of produced water, hydrostatic |
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test water, and gas plant effluent into water in this state under |
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this subsection must meet the water quality standards established |
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|
by the commission. The commission shall provide to an applicant for |
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a permit described by this subsection for the discharge of produced |
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water assistance with the preparation and submission of the permit |
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application. |
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SECTION 5. This Act takes effect September 1, 2025. |