produced water reuse joins the Railroad Commission rule list

The text as introduced · 1,082 words

89R6061 CMO-D

By: Landgraf
H.B. No. 1808

A BILL TO BE ENTITLED

AN ACT

relating to the regulation and management of produced water from

oil and gas operations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 91.101(a), Natural Resources Code, as

effective until delegation of authority under the Resource

Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et

seq.) to the Railroad Commission of Texas, is amended to read as

follows:

(a) To prevent pollution of surface water or subsurface

water in the state, the commission shall adopt and enforce rules and

orders and may issue permits relating to:

(1) the drilling of exploratory wells and oil and gas

wells or any purpose in connection with them;

(2) the production of oil and gas, including:

(A) activities associated with the drilling of

injection water source wells which penetrate the base of useable

quality water;

(B) activities associated with the drilling of

cathodic protection holes associated with the cathodic protection

of wells and pipelines subject to the jurisdiction of the

commission;

(C) activities associated with gasoline plants,

natural gas or natural gas liquids processing plants, pressure

maintenance plants, or repressurizing plants;

(D) activities associated with any underground

natural gas storage facility, provided the terms "natural gas" and

"storage facility" shall have the meanings set out in Section

91.173, Natural Resources Code;

(E) activities associated with any underground

hydrocarbon storage facility, provided the terms "hydrocarbons"

and "underground hydrocarbon storage facility" shall have the

meanings set out in Section 91.201, Natural Resources Code; and

(F) activities associated with the storage,

handling, reclamation, gathering, transportation, or distribution

of oil or gas prior to the refining of such oil or prior to the use

of such gas in any manufacturing process or as a residential or

industrial fuel;

(3) the operation, abandonment, and proper plugging of

wells subject to the jurisdiction of the commission; [ and ]

(4) the discharge, storage, handling, transportation,

reclamation, or disposal of oil and gas waste as defined in Section

91.1011 of this subchapter, or of any other substance or material

associated with any operation or activity regulated by the

commission under Subdivisions (1), (2), and (3) of this subsection ;

and

(5) the recycling and beneficial use of produced water

associated with any operation or activity regulated by the

commission under Subdivisions (1), (2), and (3) of this subsection,

taking into account the need to protect the public health and the

environment .

SECTION 2. Section 91.101, Natural Resources Code, as

effective on delegation of authority under the Resource

Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et

seq.) to the Railroad Commission of Texas, is amended to read as

follows:

Sec. 91.101. RULES AND ORDERS. To prevent pollution of

surface water or subsurface water in the state, the commission

shall adopt and enforce rules and orders and may issue permits

relating to:

(1) the drilling of exploratory wells and oil and gas

wells or any purpose in connection with them;

(2) the production of oil and gas, including:

(A) activities associated with the drilling of

injection water source wells which penetrate the base of useable

quality water;

(B) activities associated with the drilling of

cathodic protection holes associated with the cathodic protection

of wells and pipelines subject to the jurisdiction of the

commission;

(C) activities associated with gasoline plants,

natural gas or natural gas liquids processing plants, pressure

maintenance plants, or repressurizing plants;

(D) activities associated with any underground

natural gas storage facility, provided the terms "natural gas" and

"storage facility" shall have the meanings set out in Section

91.173, Natural Resources Code;

(E) activities associated with any underground

hydrocarbon storage facility, provided the terms "hydrocarbons"

and "underground hydrocarbon storage facility" shall have the

meanings set out in Section 91.201, Natural Resources Code; and

(F) activities associated with the storage,

handling, reclamation, gathering, transportation, or distribution

of oil or gas prior to the refining of such oil or prior to the use

of such gas in any manufacturing process or as a residential or

industrial fuel;

(3) the operation, abandonment, and proper plugging of

wells subject to the jurisdiction of the commission; [ and ]

(4) the discharge, storage, handling, transportation,

reclamation, or disposal of oil and gas waste as defined in Section

91.1011 of this subchapter, or of any other substance or material

associated with any operation or activity regulated by the

commission under Subdivisions (1), (2), and (3) of this section ;

and

(5) the recycling and beneficial use of produced water

associated with any operation or activity regulated by the

commission under Subdivisions (1), (2), and (3) of this section,

taking into account the need to protect the public health and the

environment .

SECTION 3. Section 26.131(d), Water Code, as effective

until delegation of authority under the Resource Conservation and

Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the

Railroad Commission of Texas, is amended to read as follows:

(d) The commission may issue permits for the discharge into

water in this state of produced water, hydrostatic test water, and

gas plant effluent resulting from the activities described by

Subsection (a) on delegation to the commission of NPDES authority

for those discharges. The discharge of produced water, hydrostatic

test water, and gas plant effluent into water in this state under

this subsection must meet the water quality standards established

by the commission. The commission shall provide to an applicant for

a permit described by this subsection for the discharge of produced

water assistance with the preparation and submission of the permit

application.

SECTION 4. Section 26.131(c), Water Code, as effective on

delegation of authority under the Resource Conservation and

Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the

Railroad Commission of Texas, is amended to read as follows:

(c) The commission may issue permits for the discharge into

water in this state of produced water, hydrostatic test water, and

gas plant effluent resulting from the activities described by

Subsection (a) on delegation to the commission of NPDES authority

for those discharges. The discharge of produced water, hydrostatic

test water, and gas plant effluent into water in this state under

this subsection must meet the water quality standards established

by the commission. The commission shall provide to an applicant for

a permit described by this subsection for the discharge of produced

water assistance with the preparation and submission of the permit

application.

SECTION 5. This Act takes effect September 1, 2025.