| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice and hearing requirements for applications for |
|
|
permits for certain commercial oil and gas waste disposal |
|
|
facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 91.116, Natural Resources |
|
|
Code, is amended to read as follows: |
|
|
Sec. 91.116. NOTICE OF AND HEARING ON COMMERCIAL SURFACE |
|
|
DISPOSAL FACILITY PERMIT APPLICATION. |
|
|
SECTION 2. Section 91.116, Natural Resources Code, is |
|
|
amended by amending Subsections (b) and (d) and adding Subsections |
|
|
(e), (f), and (g) to read as follows: |
|
|
(b) A person who files an application for a permit for a |
|
|
commercial surface disposal facility shall provide [publish] |
|
|
notice of the application in accordance with this section. |
|
|
(d) The notice must be: |
|
|
(1) published: |
|
|
(A) [(1)] at least once each week for two |
|
|
consecutive weeks with the first publication occurring not earlier |
|
|
than the date the application is filed and not later than the 30th |
|
|
day after the date on which the application is filed; and |
|
|
(B) [(2)] in a newspaper of general circulation |
|
|
in the county in which the proposed disposal would occur; and |
|
|
(2) mailed, at the time of filing of the application |
|
|
and on the commission's determination that the application is |
|
|
administratively complete, to: |
|
|
(A) each person who resides on or owns land |
|
|
located within one kilometer of the proposed facility; and |
|
|
(B) the governing body of each county, |
|
|
municipality, and groundwater conservation district, if |
|
|
applicable, located within five miles of the proposed facility. |
|
|
(e) A person entitled to receive notice under Subsection (d) |
|
|
is entitled to request a contested case hearing regarding an |
|
|
application for a permit for a facility to which this section |
|
|
applies. |
|
|
(f) At a hearing regarding an application for a facility to |
|
|
which this section applies, other than a contested case hearing, |
|
|
the commission shall: |
|
|
(1) allow participation by the public; and |
|
|
(2) ensure that an employee of the commission is |
|
|
present to respond to questions and concerns of the attendees of the |
|
|
hearing. |
|
|
(g) The commission shall provide an e-mail list service |
|
|
through which a person may receive notice about applications for |
|
|
permits for commercial surface disposal facilities. The list |
|
|
service must allow a person to choose to receive notices about |
|
|
facilities located only in certain commission oil and gas division |
|
|
districts. |
|
|
SECTION 3. Section 91.116, Natural Resources Code, as |
|
|
amended by this Act, applies only to an application for a commercial |
|
|
surface disposal facility permit that is filed with the Railroad |
|
|
Commission of Texas on or after the effective date of this Act. An |
|
|
application for a permit filed with the commission before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date of filing, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |