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AN ACT
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relating to regulation of injection wells used for in situ uranium |
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recovery by the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.002, Water Code, is amended by |
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amending Subdivisions (1) and (2) and adding Subdivisions (16), |
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(17), and (18) to read as follows: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality [Natural Resource Conservation Commission]. |
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(2) "Executive director" means the executive director |
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of the commission [Texas Natural Resource Conservation
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Commission]. |
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(16) "Production well" means a well used to recover |
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uranium through in situ solution recovery, including an injection |
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well used to recover uranium. The term does not include a well used |
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to inject waste. |
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(17) "Monitoring well" means a well that is used to |
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measure or monitor the level, quality, quantity, or movement of |
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subsurface water. |
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(18) "Area permit" means a permit that authorizes the |
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construction and operation of production and monitoring wells used |
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in operations and restoration associated with in situ recovery of |
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uranium. |
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SECTION 2. Subchapter B, Chapter 27, Water Code, is amended |
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by adding Sections 27.023 and 27.024 to read as follows: |
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Sec. 27.023. JURISDICTION OVER IN SITU URANIUM APPLICATION |
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DEVELOPMENT AND OPERATIONS. (a) The commission has exclusive |
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jurisdiction over and shall regulate wells used during the |
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development of permit applications to obtain required premining |
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geologic, hydrologic, and water quality information. |
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(b) The commission shall require a well described by |
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Subsection (a) to be registered with the commission. A well |
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described by Subsection (a) is not subject to the commission's |
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permitting, notice, and hearing requirements. |
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(c) If a well described by Subsection (a) is included in an |
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area permit issued by the commission: |
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(1) the registration status of the well ceases; and |
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(2) the well is subject to all rules applicable to the |
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area permit, including notice and hearing requirements. |
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Sec. 27.024. SHARING OF GEOLOGIC, HYDROLOGIC, AND WATER |
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QUALITY DATA. (a) After a person developing an application for an |
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area permit for an area located in a groundwater conservation |
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district has identified a permit boundary, the person shall provide |
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to that district: |
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(1) information regarding wells encountered by that |
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person during the development of the area permit application that |
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are not recorded in the public record; |
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(2) a map showing the locations of wells that are |
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located within one-quarter mile of the location for the proposed |
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permit and that are recorded in the public record; |
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(3) premining water quality information collected |
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from wells described by Section 27.023(a); |
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(4) on a monthly basis, the amount of water produced |
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from the wells described by Section 27.023(a); and |
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(5) a record of strata as described by Section 27.053, |
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except confidential information described by Section 131.048, |
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Natural Resources Code. |
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(b) A person may take not more than 90 days after the person |
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receives the final information described by Subsection (a) to |
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perform standard quality control and quality assurance procedures |
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before the person submits the information to the groundwater |
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conservation district. |
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SECTION 3. Section 27.053, Water Code, is amended to read as |
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follows: |
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Sec. 27.053. RECORD OF STRATA. The commission or railroad |
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commission may require a person receiving a permit or authorization |
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by rule under this chapter to keep and furnish a complete and |
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accurate record of the depth, thickness, and character of the |
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different strata penetrated in drilling an [the] injection well, |
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monitoring well, or production well. |
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SECTION 4. Section 27.054, Water Code, is amended to read as |
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follows: |
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Sec. 27.054. ELECTRIC OR DRILLING LOG. If an existing well |
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is to be converted to an injection well, monitoring well, or |
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production well, the commission or railroad commission may require |
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the applicant to furnish an electric log or a drilling log of the |
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existing well. |
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SECTION 5. Section 27.071, Water Code, is amended to read as |
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follows: |
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Sec. 27.071. POWER TO ENTER PROPERTY. Members of the |
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commission and the railroad commission and employees of the |
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commission and the railroad commission may enter public or private |
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property to inspect and investigate conditions relating to |
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injection well, monitoring well, [or] disposal well, or production |
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well activities within their respective jurisdictions or to monitor |
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compliance with a rule, permit, or other order of the commission or |
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railroad commission. Members or employees acting under the |
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authority of this section who enter an establishment on public or |
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private property shall observe the establishment's safety, |
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internal security, and fire protection rules. |
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SECTION 6. Section 27.072, Water Code, is amended to read as |
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follows: |
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Sec. 27.072. POWER TO EXAMINE RECORDS. Members of the |
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commission and the railroad commission and employees of the |
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commission and railroad commission may examine and copy those |
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records or memoranda of a business they are investigating as |
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provided by Section 27.071 of this code that relate to the operation |
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of an injection well, monitoring well, [or] disposal well, or |
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production well, or any other records required to be maintained by |
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law. |
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SECTION 7. Section 27.073, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), a person to whom an in |
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situ uranium mining injection well, monitoring well, or production |
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well permit is issued shall be required by the commission to |
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maintain a performance bond or other form of financial security to |
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ensure that an abandoned well is properly plugged. |
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SECTION 8. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3838 was passed by the House on May |
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11, 2007, by the following vote: Yeas 137, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3838 on May 26, 2007, by the following vote: Yeas 146, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3838 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |