TITLE: Relating to notice of an application for a permit to drill an injection well in the territory of a groundwater conservation district.

SUMMARY: Relating to notice of an application for a permit to drill an injection well in the territory of a groundwater conservation district.

FULL TEXT:
AN ACT relating to notice of an application for a permit to drill an injection well in the territory of a groundwater conservation district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 91, Natural Resources Code, is amended by adding Section 91.118 to read as follows: Sec. 91.118. NOTICE OF INJECTION WELL PERMIT APPLICATION TO GROUNDWATER CONSERVATION DISTRICTS. (a) In this section, "injection well" means a well that is: (1) used to inject a substance into the ground; and (2) not regulated by the commission under Chapter 27, Water Code. (b) If the commission receives an application for a permit for an injection well the proposed location of which is within a 10-mile radius of the territory of a groundwater conservation district, the commission shall require the applicant to submit with the application documentation showing that a copy of the application has been submitted to the governing body of the groundwater conservation district. SECTION 2. The heading to Section 27.017, Water Code, is amended to read as follows: Sec. 27.017. NOTICE TO AND RECOMMENDATIONS FROM OTHER ENTITIES. SECTION 3. Section 27.017(b), Water Code, is amended to read as follows: (b) If an application is received in proper form for a permit for an injection well [to dispose of industrial and municipal waste] and the proposed location of the injection well is in within a 10-mile radius of the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. SECTION 4. Section 27.018(e), Water Code, is amended to read as follows: (e) In addition to the requirements of Subsection (c), before any testimony is heard in a contested case regarding an application for a permit for an injection well [to dispose of industrial and municipal waste] that is proposed to be located in within a 10-mile radius of the territory of a groundwater conservation district, the record of the proceeding must include evidence that: (1) a copy of each draft permit proposed by the executive director was provided to the governing body of the groundwater conservation district; and (2) notice of the contested case hearing was mailed to the governing body of the groundwater conservation district. SECTION 5. Subchapter C, Chapter 27, Water Code, is amended by adding Section 27.0322 to read as follows: Sec. 27.0322. NOTICE TO GROUNDWATER CONSERVATION DISTRICTS. If the proposed location of an injection well to which this subchapter applies is within a 10-mile radius of the territory of a groundwater conservation district, the railroad commission shall require the applicant to submit with the application documentation showing that a copy of the application has been submitted to the governing body of the groundwater conservation district. SECTION 6. Subchapter C-1, Chapter 27, Water Code, is amended by adding Section 27.0441 to read as follows: Sec. 27.0441. NOTICE TO GROUNDWATER CONSERVATION DISTRICTS. If the proposed location of an injection well to which this subchapter applies is within a 10-mile radius of the territory of a groundwater conservation district, the railroad commission shall require the applicant to submit with the application documentation showing that a copy of the application has been submitted to the governing body of the groundwater conservation district. SECTION 7. (a) Not later than March 1, 2016, the Railroad Commission of Texas and the Texas Commission on Environmental Quality shall adopt rules as necessary to implement the change in law made by this Act to Chapter 91, Natural Resources Code, and Chapter 27, Water Code. (b) The change in law made by this Act to Chapter 91, Natural Resources Code, and Chapter 27, Water Code, applies only to a permit application submitted to the Railroad Commission of Texas or the Texas Commission on Environmental Quality on or after the effective date of the rules adopted under Subsection (a) of this section. A permit application submitted before the effective date of the rules adopted under Subsection (a) of this section is governed by the law in effect when the permit application was submitted, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect September 1, 2015.