BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2379 addresses aquifer storage and recovery (ASR) projects in certain areas of the Edwards Aquifer. Under the rules of the Texas Commission on Environmental Quality (TCEQ), no waste injection wells can be authorized if the wells transect or terminate in the Edwards Aquifer in Williamson County. This prohibition applies to recently proposed ASR injection wells that would transect the Edwards Aquifer to inject treated surface water into deeper geologic formations underlying the Edwards Aquifer for purposes of providing much-needed water supplies to this high-growth area of the state. The purpose of the bill is to maintain the current prohibition on waste injection wells, while authorizing TCEQ to approve an ASR project that includes ASR injection wells that will transect the Edwards Aquifer in portions of Williamson County for injection of water into deeper geologic formations underlying the Edwards Aquifer.

As proposed, S.B. 2379 amends current law relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 3 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 27.051(i), Water Code, as follows:

(i) Provides that "Edwards Aquifer," for purposes of this subsection, has the meaning assigned by Section 26.046(a) (relating to the definition of "Edwards Aquifer"), except that it includes only that portion of Williamson County west of Interstate Highway 35, running north from its intersection with State Highway 130, to the Williamson County Bell County line, and west of State Highway 130 running south from its intersection with Interstate Highway 35 to the Williamson County Travis County line.

SECTION 2. Amends Section 27.0516(a)(1), Water Code, to make a conforming change.

SECTION 3. Requires the Texas Commission on Environmental Quality, not later than December 1, 2023, to adopt or amend rules to implement the changes made by this Act.

SECTION 4.� Effective date: upon passage or September 1, 2023.