88R20430 JAM-F     By: Zwiener H.B. No. 2941       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;   providing for the imposition of a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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   to submit to the Railroad Commission of Texas a water pollution   abatement plan for the pipeline.          (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 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 2.  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 3.  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 4.  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 5.  This Act takes effect September 1, 2024.