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.

(Original Author's/Sponsor's Statement of Intent)

S.B. 2379 amends current law relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 (Section 27.051, Water Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 27.051(i), Water Code, to authorize the Texas Commission on Environmental Quality (TCEQ) by rule or permit to authorize certain injections, including an aquifer storage and recovery project that includes an ASR injection well, as defined by Section 21.151 (Definitions), that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geological formation that underlies the Edwards Aquifer.

SECTION 2. Requires TCEQ, not later than March 1, 2024, to adopt rules to implement Section 27.051(i), Water Code, as amended by this Act.

SECTION 3.� Effective date: upon passage or September 1, 2023.