Zwiener Bill Makes Edwards Aquifer Pipelines File Pollution Plans

The text as introduced · 817 words

90R3193 KRM-F

By: Zwiener
H.B. No. 793

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Railroad Commission of Texas to

require water pollution abatement plans for certain pipelines;

authorizing a fee; providing for the imposition of a civil penalty.

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

SECTION 1. Section 26.050, Water Code, is amended to read as

follows:

Sec. 26.050. DIGITAL COPIES OF BOUNDARY LINES. The

commission shall make available [ to the public ] digital copies of

the Recharge, Transition, and Contributing Zone boundary lines,

when they become available , to:

(1) the public; and

(2) the Railroad Commission of Texas for the purposes

of administering Section 26.136 .

SECTION 2. Subchapter D, Chapter 26, Water Code, is amended

by adding Section 26.136 to read as follows:

Sec. 26.136. EDWARDS AQUIFER PROTECTION PLANS FOR OIL OR

GAS PIPELINES. (a) In this section:

(1) "Edwards Aquifer" has the meaning assigned by

Section 26.046.

(2) "Water pollution abatement plan" means a plan that

outlines best management practices that will be implemented to

protect water quality when a construction-related or

post-construction activity in the recharge zone of the Edwards

Aquifer has the potential for polluting the aquifer and

hydrologically connected surface streams.

(b) Notwithstanding any other provision of this chapter or

the Natural Resources Code, the Railroad Commission of Texas shall

require the owner or operator of an oil or gas pipeline that is

subject to the jurisdiction of the Railroad Commission of Texas and

constructed or expanded in the recharge zone of the Edwards

Aquifer:

(1) to submit to the Railroad Commission of Texas a

water pollution abatement plan for the construction and operation

of the pipeline; and

(2) to comply with the plan described by Subdivision

(1).

(c) The Railroad Commission of Texas, in consultation with

the Texas Commission on Environmental Quality, by rule shall adopt

construction or operational temporary best management practices

for water pollution abatement plans described by Subsection (b).

The rules may incorporate construction best management practices

adopted for protection of the Edwards Aquifer recharge zone by the

Texas Commission on Environmental Quality.

(d) The Railroad Commission of Texas may impose a fee for

processing a water pollution abatement plan or an amendment to a

water pollution abatement plan that is subject to review and

approval under rules adopted under this section for the protection

of the Edwards Aquifer and for inspecting the construction and

maintenance of an oil or gas pipeline covered by those plans. A fee

imposed under this subsection must be imposed in the same manner as

a fee imposed under Section 26.0461 for the processing of a water

pollution abatement plan and is subject to the limitations of that

section.

(e) The Texas Commission on Environmental Quality and the

Railroad Commission of Texas shall:

(1) develop a process for joint consultation on water

pollution abatement in the Edwards Aquifer recharge zone by owners

or operators of pipelines described by Subsection (b); and

(2) by rule enter into a memorandum of understanding

on the implementation of the process.

SECTION 3. Section 40.008, Natural Resources Code, is

amended to read as follows:

Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad

Commission of Texas shall continue to exercise its authority

pursuant to Section 91.101 of this code and Sections [ Section ]

26.131 and 26.136 , Water Code, to issue and enforce rules, permits,

and orders to prevent pollution of surface and subsurface waters in

the state by activities associated with the exploration,

development, or production of oil, gas, or geothermal resources,

including the transportation of oil or gas by pipeline. Nothing in

this chapter preempts the jurisdiction of the Railroad Commission

of Texas under Subchapter E, Chapter 121, Utilities Code, and

Chapter 117, Natural Resources Code, over pipeline transportation

of gas and hazardous liquids and over gas and hazardous liquid

pipeline facilities.

SECTION 4. Section 91.003(a), Natural Resources Code, is

amended to read as follows:

(a) In addition to other authority specifically granted to

the commission under this chapter, the commission may enforce this

chapter and Section 26.136, Water Code, or any rule, order, or

permit of the commission adopted under this chapter or Section

26.136, Water Code, in the manner and subject to the conditions

provided in Chapters 81 and 85 of this code, including the authority

to seek and obtain civil penalties and injunctive relief as

provided by those chapters.

SECTION 5. The changes in law made by this Act apply only to

a pipeline the construction or expansion of which begins on or after

the effective date of this Act. A pipeline for which construction or

expansion began before the effective date of this Act is governed by

the law as it existed immediately before the effective date of this

Act, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2027.