Bill Text: TX SB1532 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1532 Detail]
Download: Texas-2013-SB1532-Enrolled.html
S.B. No. 1532 |
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relating to the power of the Texas Commission on Environmental | ||
Quality to authorize certain injection wells that transect or | ||
terminate in the Edwards Aquifer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 27, Water Code, is amended | ||
by adding Section 27.0516 to read as follows: | ||
Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR | ||
TERMINATE IN PORTION OF EDWARDS AQUIFER WITHIN EXTERNAL BOUNDARIES | ||
OF BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT. (a) In | ||
this section: | ||
(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 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. | ||
(2) "Engineered aquifer storage and recovery | ||
facility" means a facility with one or more wells that is located, | ||
designed, constructed, and operated for the purpose of injecting | ||
fresh water into a subsurface permeable stratum and storing the | ||
water for subsequent withdrawal and use for a beneficial purpose. | ||
(3) "Fresh water" means surface water or groundwater, | ||
without regard to whether the water has been physically, | ||
chemically, or biologically altered, that: | ||
(A) contains a total dissolved solids | ||
concentration of not more than 1,000 milligrams per liter; and | ||
(B) is otherwise suitable as a source of drinking | ||
water supply. | ||
(4) "Saline portion of the Edwards Aquifer" means the | ||
portion of the Edwards Aquifer that contains only groundwater with | ||
a total dissolved solids concentration of more than 1,000 | ||
milligrams per liter. | ||
(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 that district's territory or | ||
the territory of the Edwards Aquifer Authority. | ||
(c) This section prevails over Section 27.051(i) to the | ||
extent of a conflict. | ||
(d) Except as otherwise provided by this section, the | ||
commission by rule or permit may not authorize an injection well | ||
that transects or terminates in the Edwards Aquifer. | ||
(e) The commission by rule may authorize: | ||
(1) the injection of fresh water withdrawn from the | ||
Edwards Aquifer into a well that transects or terminates in the | ||
Edwards Aquifer for the purpose of providing additional recharge; | ||
or | ||
(2) the injection of rainwater, storm water, flood | ||
water, or groundwater into the Edwards Aquifer by means of an | ||
improved natural recharge feature such as a sinkhole or cave | ||
located in a karst topographic area for the purpose of providing | ||
additional recharge. | ||
(f) The commission by 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; or | ||
(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. | ||
(g) The commission must hold a public meeting before issuing | ||
a general permit under this section. | ||
(h) Rules adopted or a general permit issued under this | ||
section: | ||
(1) must require that an injection well authorized by | ||
the rules or permit be monitored by means of: | ||
(A) a monitoring well 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, a monitoring | ||
well operated by a party other than the 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) or (3) unless the well is initially 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; and | ||
(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. | ||
(i) A monitoring well described by Subsection (h)(1), if | ||
properly sited and completed, may also be used for monitoring a | ||
saline water production well. | ||
(j) A project is considered to be a small-scale research | ||
project for purposes of Subsection (h)(3) if the project consists | ||
of one production well and one injection well that are operated on a | ||
limited scale to provide requisite scientific and engineering | ||
information. Such a project is considered to be a small-scale | ||
research project regardless of the borehole size of the wells or the | ||
equipment associated with the wells or whether the wells are | ||
subsequently incorporated into a larger-scale commercial facility. | ||
(k) Notwithstanding Subsection (h)(3), a general permit may | ||
authorize the owner of an injection well authorized under | ||
Subsection (f)(2) or (3) 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 and other fresh water | ||
associated with the 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 | ||
or other fresh water associated with the continued operation of the | ||
well. | ||
(l) Before the commission makes a determination under | ||
Subsection (k)(3): | ||
(1) the commission, not later than the 15th day after | ||
the date of receipt of the results of the studies and monitoring, | ||
must provide the information received to Texas State | ||
University--San Marcos; and | ||
(2) Texas State University--San Marcos, not later than | ||
the 60th day after the date of receipt of the information, must | ||
review and analyze the information and report its findings to the | ||
commission. | ||
(m) The commission shall make the information provided by | ||
the owner of the injection well under Subsection (k)(1) and the | ||
report provided by Texas State University--San Marcos under | ||
Subsection (l)(2) easily accessible to the public in a timely | ||
manner. The permit may authorize the owner of the well to continue | ||
operating the well following completion of the research project | ||
pending the determination by the commission. | ||
(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 | ||
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 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 2. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1532 passed the Senate on | ||
April 23, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1532 passed the House on | ||
May 14, 2013, by the following vote: Yeas 143, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |