Bill Text: TX HB1044 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced - Dead) 2019-04-15 - Committee report sent to Calendars [HB1044 Detail]
Download: Texas-2019-HB1044-Comm_Sub.html
86R19472 SLB-F | |||
By: Zwiener, Nevárez, Oliverson, et al. | H.B. No. 1044 | ||
Substitute the following for H.B. No. 1044: | |||
By: King of Uvalde | C.S.H.B. No. 1044 |
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relating to permits for certain injection wells that transect a | ||
portion of the Edwards Aquifer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 27.0516(a)(1), Water Code, is amended to | ||
read as follows: | ||
(1) "Edwards Aquifer" means that portion of an arcuate | ||
belt of porous, waterbearing limestones composed of the Edwards | ||
Formation, Georgetown Formation, Comanche Peak Formation, Salmon | ||
Peak Limestone, McKnight Formation, West Nueces Formation, Devil's | ||
River Limestone, Person Formation, Kainer Formation, and Edwards | ||
Group, together with the Upper Glen Rose Formation where scientific | ||
studies have documented a hydrological connection to the overlying | ||
Edwards Group trending from west to east to northeast through | ||
Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and | ||
Williamson Counties. The permeable aquifer units generally overlie | ||
the less-permeable Glen Rose Formation to the south, overlie the | ||
less-permeable Comanche Peak and Walnut Formations north of the | ||
Colorado River, and underlie the less-permeable Del Rio Clay | ||
regionally. | ||
SECTION 2. Sections 27.0516(b), (f), (h), (k), and (n), | ||
Water Code, are amended to read as follows: | ||
(b) This section applies only to the portion of the Edwards | ||
Aquifer that is within the geographic area circumscribed by the | ||
external boundaries of the Barton Springs-Edwards Aquifer | ||
Conservation District but is not in the jurisdiction [ |
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Authority. This section does not apply to a wastewater facility | ||
permitted under Chapter 26 or a subsurface area drip dispersal | ||
system permitted under Chapter 32. | ||
(f) The commission by rule, individual permit, or general | ||
permit may authorize: | ||
(1) an activity described by Subsection (e); | ||
(2) an injection well that transects and isolates the | ||
saline portion of the Edwards Aquifer and terminates in a lower | ||
aquifer for the purpose of injecting: | ||
(A) concentrate from a desalination facility; or | ||
(B) fresh water as part of an engineered aquifer | ||
storage and recovery facility; | ||
(3) an injection well that terminates in that part of | ||
the saline portion of the Edwards Aquifer that has a total dissolved | ||
solids concentration of more than 10,000 milligrams per liter for | ||
the purpose of injecting into the saline portion of the Edwards | ||
Aquifer: | ||
(A) concentrate from a desalination facility, | ||
provided that the injection well must be at least three miles from | ||
the closest outlet of Barton Springs; or | ||
(B) fresh water as part of an engineered aquifer | ||
and storage recovery facility, provided that each well used for | ||
injection or withdrawal from the facility must be at least three | ||
miles from the closest outlet of Barton Springs; [ |
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(4) an injection well that transects or terminates in | ||
the Edwards Aquifer for: | ||
(A) aquifer remediation; | ||
(B) the injection of a nontoxic tracer dye as | ||
part of a hydrologic study; or | ||
(C) another beneficial activity that is designed | ||
and undertaken for the purpose of increasing protection of an | ||
underground source of drinking water from pollution or other | ||
deleterious effects; or | ||
(5) the injection of fresh water into a well that | ||
transects the Edwards Aquifer provided that: | ||
(A) the well isolates the Edwards Aquifer and | ||
meets the construction and completion standards adopted by the | ||
commission under Section 27.154; | ||
(B) the well is part of an engineered aquifer | ||
storage and recovery facility; | ||
(C) the injected water: | ||
(i) is sourced from a public water system, | ||
as defined by commission rule, that is permitted by the commission; | ||
or | ||
(ii) meets water quality standards for | ||
public drinking water established by commission rule; and | ||
(D) the injection complies with the provisions of | ||
Subchapter G that are not in conflict with this section. | ||
(h) Rules adopted or a [ |
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section: | ||
(1) must require that an injection well authorized by | ||
the rules or permit be monitored by means of: | ||
(A) one or more [ |
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operated by the injection well owner if the commission determines | ||
that there is an underground source of drinking water in the area of | ||
review that is potentially affected by the injection well; or | ||
(B) if Paragraph (A) does not apply, one or more | ||
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injection well owner, provided that all results of monitoring are | ||
promptly made available to the injection well owner; | ||
(2) must ensure that an authorized activity will not | ||
result in the waste or pollution of fresh water; | ||
(3) may not authorize an injection well under | ||
Subsection (f)(2), [ |
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associated with a small-scale research project designed to evaluate | ||
the long-term feasibility and safety of: | ||
(A) the injection of concentrate from a | ||
desalination facility; or | ||
(B) an aquifer storage and recovery project; | ||
(4) must require any authorization granted to be | ||
renewed at least as frequently as every 10 years; | ||
(5) must require that an injection well authorized | ||
under Subsection (f)(2)(A) or (3)(A) be monitored on an ongoing | ||
basis by or in coordination with the well owner and that the well | ||
owner file monitoring reports with the commission at least as | ||
frequently as every three months; [ |
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(6) must ensure that any injection well authorized for | ||
the purpose of injecting concentrate from a desalination facility | ||
does not transect the fresh water portion of the Edwards Aquifer; | ||
and | ||
(7) must ensure that an engineered aquifer storage and | ||
recovery facility project is consistent with the provisions of | ||
Subchapter G that are not in conflict with this section. | ||
(k) Notwithstanding Subsection (h)(3), the commission by | ||
rule, individual permit, or [ |
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owner of an injection well authorized under Subsection (f)(2), [ |
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(3), or (5) to continue operating the well for the purpose of | ||
implementing the desalination or engineered aquifer storage and | ||
recovery project following completion of the small-scale research | ||
project, provided that: | ||
(1) the injection well owner timely submits the | ||
information collected as part of the research project, including | ||
monitoring reports and information regarding the environmental | ||
impact of the well, to the commission; | ||
(2) the injection well owner, following the completion | ||
of studies and monitoring adequate to characterize risks to the | ||
fresh water portion of the Edwards Aquifer, formations included in | ||
the Trinity Group, or [ |
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continued operation of the well, and at least 90 days before the | ||
date the owner initiates commercial well operations, files with the | ||
commission a notice of intent to continue operation of the well | ||
after completion of the research project; and | ||
(3) the commission, based on the studies and | ||
monitoring, the report provided by Texas State University--San | ||
Marcos under Subsection (l)(2), and any other reasonably available | ||
information, determines that continued operation of the injection | ||
well as described in the notice of intent does not pose an | ||
unreasonable risk to the fresh water portion of the Edwards | ||
Aquifer, formations included in the Trinity Group, or other fresh | ||
water associated with the continued operation of the well. | ||
(n) If the commission preliminarily determines that | ||
continued operation of the injection well would pose an | ||
unreasonable risk to the fresh water portion of the Edwards | ||
Aquifer, formations included in the Trinity Group, or other fresh | ||
water associated with the continued operation of the well, the | ||
commission shall notify the operator and specify, if possible, what | ||
well modifications or operational controls would be adequate to | ||
prevent that unreasonable risk. If the operator fails to modify the | ||
injection well as specified by the commission, the commission shall | ||
require the operator to cease operating the well. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an application for an authorization described by Section 27.0516, | ||
Water Code, as amended by this Act, filed with the Texas Commission | ||
on Environmental Quality on or after the effective date of this Act. | ||
An application filed with the Texas Commission on Environmental | ||
Quality 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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |